Findings - CC - 2024 - FPUD-11-23 & FP-19-23 - Millstone Farm Sub Phase 2 Final Development Plan and Final PlatBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR MILLSTONE FARM SUBDIVISION
PHASE 2 FOR SEDDIE EAGLE, LCC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-11-23 & FP-19-23
The above -entitled final development plan and final plat applications came before the Eagle City
Council for their action on April 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:
Seddie Eagle, LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting
final development plan and final plat approvals for Millstone Farm Subdivision Phase 2, a 131-lot
(123-buildable, 8-common), residential subdivision. The 22.75-acre site is located on the northwest
corner of North Palmer Lane and West Floating Feather Road.
B. APPLICATION SUBMITTAL DATE:
The applications for this item were received by the City of Eagle on December 6, 2023.
C. HISTORY:
On September 11, 2007, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU-DA (Mixed -Use with a development
agreement), R-2-DA (Residential with a development agreement) (not part of this site), and R 4-
DA (Residential with a development agreement) for Hormaechea LTD Partnership (RZ-10-07).
On December 13, 2007, the executed development agreement associated with the rezone was
recorded (Ada County Instrument No. 107164794).
On October 8, 2019, the City Council denied a development agreement modification, conditional
use permit, preliminary development plan, and preliminary plat associated with the subject site
(RZ-10-07 MOD, CU-01-19, PPUD-01-19, and PP-01-19).
On June 14, 2022, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Millstone Farm Subdivision (CU-05-21/PPUD-05-21/PP-07-21).
On September 13, 2022, the City Council approved a design review application for the common
area landscaping plan within Millstone Farm Subdivision (DR-47-22).
On April 25, 2023, the City Council approved a final development plan and final plat application
for Millstone Farm Subdivision Phase 1 (FPUD-10-22/FP-16-22).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated June 14, 2022 are incorporated herein
by reference.
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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 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. 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 23, 2024. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Gindlesperger absent) to approve FPUD-11-23 & FP-19-23 for a final
development plan and final plat for Millstone Farms 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.
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2. Comply with all applicable requirements of CU-05-21/PPUD-05-21/PP-07-21.
3. Comply with the conditions of DR-47-22.
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.
5. The following setbacks and lot coverage requirements shall apply:
R-4-DA Zoning District:
Minimum Lot Size 8,000-square feet
Maximum Lot Coverage 40%
Minimum Lot Width 70-feet
Setbacks:
Front 31-feet (garage)
26-feet (side -entry garage)
20-feet (living)
Rear 25-feet
Side 5-feet (first story), 5-feet (each additional story)
Street Side 20-feet
MU-DA Zoning District:
Minimum Lot Size 3,975-square feet
Maximum Lot Coverage 50%
Minimum Lot Width 35-feet
Setbacks:
Front 31-feet (garage)
26-feet (side -entry garage)
20-feet (living)
Rear 20-feet
Interior Side (common walls) 0-feet
Exterior Side 5-feet
Street Side 20-feet
6. The applicant shall revise plat note 7 to include Lot 1, Block 9 as a common lot. The revised final
plat shall be provided prior to the City Clerk signing the final plat.
7. All common area improvements within Millstone Farms Subdivision as specified on the approved
landscape plan (DR-47-22) shall be completed or a surety shall be provided as required by Eagle
City Code prior to the City Clerk signing the final plat.
8. 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.
9. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
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10. 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.
11. 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.
12. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department
prior to the issuance of a "notice to proceed with construction" letter to the project engineer.
13. 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.
14. 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.
15. The applicant shall install at the entrances to Millstone Farms 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.
16. 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".
17. 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.
18. The applicant shall provide an approval letter for completion of the municipal water system
improvements from the City of Eagle Municipal Water Department or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
19. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
20. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior
to the City Clerk signing the final plat.
21. Provide a digital copy of the recorded CC&Rs for the subdivision and a digital copy of the recorded
final plat of Millstone Farms Subdivision, prior to the issuance of any building permits.
22. 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.
23. 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.
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24. 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.
DATED this 14th day of May 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
d Pike, Mayor
ATTEST:
Tracy E. Osboe ity Cle
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