Findings - CC - 2024 - FPUD-2024-04 & FP-17-23 - Final Development Plan and Final Plat for Auberge Subdivision (AKA Molinari Park Subdivision) BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR AUBERGE SUBDIVISION )
(AKA MOLINARI PARK SUBDIVISION) )
FOR RB-AMS EAGLE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2024-04&FP-17-23
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 9,2024.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:
RB-AMS Eagle, LLC, represented by Antonio Conti with Ackerman-Estvold, is requesting a final
development plan and final plat approval for Auberge Subdivision (aka Molinari), a 2-lot commercial
subdivision. The 4.36-acre site is located on the northwest corner of North Palmetto Avenue and State
Highway 44.
B.APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 7,2023.
A revised narrative was received by the City of Eagle on March 8,2024.
C.HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 25,2019,the Eagle City Council approved a rezone from CBD(Central Business District)to
CBD-DA-P(Central Business District with a development agreement—PUD),conditional use permit,
preliminary development plan,and preliminary plat for Molinari Park Subdivision(RZ-07-18/CU-03-
18/PPUD-02-18/PP-06-18).
On January 12,2021,the Eagle City Council approved a design review application for the common area
landscaping within Molinari Park Subdivision(DR-18-20).
On December 8,2020,the Eagle City Council denied a design review application for a subdivision entry
monument sign for Molinari Park Subdivision(DR-53-20).
On December 9,2020,the Eagle City Council approved a preliminary plat extension of time for Molinari
Park Subdivision(EXT-16-20).
On February 12,2021,the Eagle City Council approved a final development plan and final plat for Molinari
Park Subdivision No. 1, a 41-lot (34-buildable, 7-common), mixed-use subdivision(FPUD-04-20 & FP-
04-20).
On February 8, 2022, the Eagle City Council approved a design review application for 17 townhome
buildings(91 units)within Molinari Park Subdivision(DR-60-21).
On May 10, 2022, the City Council denied a design review application for three (3) apartment buildings
[incl. 1,000-SF retail],and common area landscaping with Molinari Park for Silverado Management(DR-
19-22).
On June 14,2022,The Eagle City Council approved a design review application for the approval of a hotel
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building within the Auberge Subdivision(DR-34-22).
On October 25, 2022, The Eagle City Council approved a development agreement modification and a
modification to the planned unit development associated with Molinari Park Subdivision for Molinari Park
Development,LLC(RZ-07-18,CU-03-18 MOD,PPUD-02-18 MOD,PP-06-18,DR-34-22).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated June 25, 2019, 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;
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 Planning staff and City Engineer have reviewed the final development plan and final plat. This phase
differs from the original preliminary development plan in lot quantity in that the number of buildable lots
has been reduced from six(6)to two(2)lots. Based on this area of development,it was recognized for
commercial uses and until such time the number of lots required for those uses was undetermined. A hotel
is currently being constructed and a restaurant is proposed within the site.As proposed,the two
commercial lots will serve all the proposed uses located within this site. Staff believes this phase of the
development can meet the Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C(as
noted herein)with the conditions recommended herein and that this of the final plat will be in substantial
compliance with the preliminary plat.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 9, 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-2024-04&FP-17-23 for a final development plan and final plat
for Auberge Subdivision (aka Molinari Park 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 applicable requirements of RZ-07-18/CU-03-18 MOD/PPUD-02-18 MOD/PP-06-18.
3. Comply with the conditions of DR-34-22.
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.
1. 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.
2. All common area improvements within Abuerge Subdivision(formally known as Molinari Subdivision)
as specified on the approved landscape plan(DR-34-22) shall be completed or a surety shall be provided
as required by Eagle City Code before the City Clerk signing the final plat.
3. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
4. 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.
5. Provide an approval letter for completion of sewer improvements from Eagle Sewer District,prior to the
City Clerk signing the final plat.
6. 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.
7. 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.
8. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
9. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the
City Clerk signing the final plat.
10. The applicant shall take care to locate and protect from damage to 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.
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11. All overhead utilities serving the site shall be located underground.
12. Provide a copy of the recorded CC&Rs for the subdivision,and a digitally recorded copy of the final
plat of Auberge Subdivision,prior to the issuance of any building permits.
13. 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 a construction letter.
14. 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 23rd day of April 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
ATTEST:
Tracy E.Osborn,Eagle City Clerk
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR AUBERGE SUBDIVISION )
(AKA MOLINARI PARK SUBDIVISION) )
FOR RB-AMS EAGLE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2024-04&FP-17-23
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 9,2024.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:
RB-AMS Eagle, LLC, represented by Antonio Conti with Ackerman-Estvold, is requesting a final
development plan and final plat approval for Auberge Subdivision (aka Molinari), a 2-lot commercial
subdivision. The 4.36-acre site is located on the northwest corner of North Palmetto Avenue and State
Highway 44.
B.APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 7, 2023.
A revised narrative was received by the City of Eagle on March 8,2024.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 25,2019,the Eagle City Council approved a rezone from CBD(Central Business District)to
CBD-DA-P(Central Business District with a development agreement—PUD),conditional use permit,
preliminary development plan,and preliminary plat for Molinari Park Subdivision(RZ-07-18/CU-03-
18/PPUD-02-18/PP-06-18).
On January 12,2021,the Eagle City Council approved a design review application for the common area
landscaping within Molinari Park Subdivision(DR-18-20).
On December 8,2020,the Eagle City Council denied a design review application for a subdivision entry
monument sign for Molinari Park Subdivision(DR-53-20).
On December 9,2020,the Eagle City Council approved a preliminary plat extension of time for Molinari
Park Subdivision(EXT-16-20).
On February 12,2021,the Eagle City Council approved a final development plan and final plat for Molinari
Park Subdivision No. 1, a 41-lot (34-buildable, 7-common), mixed-use subdivision(FPUD-04-20 & FP-
04-20).
On February 8, 2022, the Eagle City Council approved a design review application for 17 townhome
buildings(91 units)within Molinari Park Subdivision(DR-60-21).
On May 10, 2022, the City Council denied a design review application for three (3) apartment buildings
[incl. 1,000-SF retail],and common area landscaping with Molinari Park for Silverado Management(DR-
19-22).
On June 14,2022,The Eagle City Council approved a design review application for the approval of a hotel
Page 1 of 5
K:\Planning Dept\Eagle Applications\SUBS\2023Auberge Sub FP\Findings\uberge Subdivision Findings CC.docx
building within the Auberge Subdivision(DR-34-22).
On October 25, 2022, The Eagle City Council approved a development agreement modification and a
modification to the planned unit development associated with Molinari Park Subdivision for Molinari Park
Development,LLC(RZ-07-18,CU-03-18 MOD,PPUD-02-18 MOD,PP-06-18, DR-34-22).
D.PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated June 25, 2019, 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;
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 Planning staff and City Engineer have reviewed the final development plan and final plat. This phase
differs from the original preliminary development plan in lot quantity in that the number of buildable lots
has been reduced from six(6)to two(2)lots. Based on this area of development,it was recognized for
commercial uses and until such time the number of lots required for those uses was undetermined.A hotel
is currently being constructed and a restaurant is proposed within the site.As proposed,the two
commercial lots will serve all the proposed uses located within this site. Staff believes this phase of the
development can meet the Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C(as
noted herein)with the conditions recommended herein and that this of the final plat will be in substantial
compliance with the preliminary plat.
Page 2 of 5
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 9, 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-2024-04&FP-17-23 for a final development plan and final plat
for Auberge Subdivision (aka Molinari Park 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 applicable requirements of RZ-07-18/CU-03-18 MOD/PPUD-02-18 MOD/PP-06-18.
3. Comply with the conditions of DR-34-22.
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.
1. 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.
2. All common area improvements within Abuerge Subdivision(formally known as Molinari Subdivision)
as specified on the approved landscape plan(DR-34-22)shall be completed or a surety shall be provided
as required by Eagle City Code before the City Clerk signing the final plat.
3. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
4. 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.
5. Provide an approval letter for completion of sewer improvements from Eagle Sewer District,prior to the
City Clerk signing the final plat.
6. 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.
7. 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.
8. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
9. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the
City Clerk signing the final plat.
10. The applicant shall take care to locate and protect from damage to 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.
Page 3 of 5
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11. All overhead utilities serving the site shall be located underground.
12. Provide a copy of the recorded CC&Rs for the subdivision,and a digitally recorded copy of the final
plat of Auberge Subdivision,prior to the issuance of any building permits.
13. 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 a construction letter.
14. 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
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DATED this 23rd day of April 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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Brad Ike,Mayor •••.•` •••••••q •��
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cy E. shorn,Eagle City Clerk �% �,I,,........otic �.•�
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