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Findings - CC - 2024 - FPUD-2024-02/FP-2024-04 - Final Development Plan and Final Plat for Route 44 Crossing Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A FINAL DEVELOPMENT PLAN AND ) FINAL PLAT FOR ROUTE 44 CROSSING ) SUBDIVISION FOR KEN FIRMAGE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-2024-02&FP-2024-04 The above-entitled final development plan and final plat applications came before the Eagle City Council for their action on August 13, 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: Ken Firmage, represented by Nicolette Womack with Kimley-Horn, is requesting final development plan and final plat approvals for Route 44 Crossing Subdivision, a 71-lot (41-single- family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20- common) residential/commercial planned unit development. The 15.68-acre site is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and 4400 West State Street. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on February 22,2024. C. HISTORY OF REVELANT PREVIOUS ACTIONS: On November 9, 2004, the City Council approved an annexation and rezone with development agreement(s) for the Van Treeck and Schenk properties and Copperfield and Sedona Creek Subdivisions(A-04-04/R-06-04). On July 24,2007,the City Council approved a development agreement modification for the Schenk Property for Hawkins Companies(RZ-06-04 MOD). On February 14, 2017, an application for a development agreement modification was submitted by Maverik,Inc. The application was subsequently withdrawn on March 20,2017(RZ-06-04 MOD2). On February 7, 2018, an application for a development agreement modification was submitted by Nicoll Investments,LLC. The application was subsequently withdrawn on March 27, 2018 (RZ-06- 04 MOD3). On November 9, 2021, the City Council approved an annexation, rezone with development agreement, development agreement modification, conditional use permit, preliminary development plan, and preliminary plat for Route 44 Crossing Subdivision (A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19). On October 25, 2022, the Eagle City Council approved a one (1)year extension of time associated with the preliminary plat for Route 44 Crossing Subdivision(EXT-11-22). On December 19, 2023, the Eagle City Council approved a second one (1) year extension of time associated with the preliminary plat for Route 44 Crossing Subdivision(EXT-10-23). Page 1 of 5 K:\Planning Dept\Eagle Applications\SUBS\2024\Route 44 Crossing Subdivision FPUD-FP\Working Files\City Council\Route 44 Crossing Findings CC.doc On January 9, 2024, the Eagle City Council approved a Design Review application for common area landscaping for Route 44 Crossing Subdivision(DR-53-23). D. PRELIMINARY PUD/PLAT FINDINGS: City Council Findings of Fact and Conclusions of Law dated November 9, 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 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 August 13, 2024. The Council made their decision at that time. The minutes are incorporated herein by reference. Page 2 of 5 K:\Planning Dept\Eagle Applications\SUBS\2024\Route 44 Crossing Subdivision FPUD-FP\Working Files\City Council\Route 44 Crossing Findings CC.doc COUNCIL DECISION: The Council voted 4 to 0 to approve FPUD-2024-02 & FP-2024-04 for a final development plan and final plat for Route 44 Crossing 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-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD- 07-19/PP-07-19. 3. Comply with the conditions of DR-53-23. 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. 5. All common area improvements within Route 44 Crossing Subdivision as specified on the approved landscape plan (DR-53-23) shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat. 6. 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. 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. 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. 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. 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. 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. Page 3 of 5 K\Planning Dept\Eagle Applications\SUBS\2024\Route 44 Crossing Subdivision FPUD-FP\Working Files\City CounciPRoute 44 Crossing Findings CC.doc 12. The applicant shall install at the entrances to Route 44 Crossing 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. 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. 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, two (2) full size copies of the recorded final plat, and an 8 1/2" x 11" recorded copy of the final plat of Route 44 Crossing Subdivision, 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), in accordance with the approved fencing plan detailed in Exhibit D to the development agreement associated with the site. 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. 22. The owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with the Route 44 Crossing Subdivision Covenants, Conditions, and Restrictions prior to the City Clerk signing the first fmal plat. 23. The owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. The owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. The heavy truck traffic plan shall be reviewed and approved by staff prior to the issuance of a Notice to Proceed(NTP)with Construction letter by the City. 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; Page 4 of 5 K:\Planning Dept\Eagle Applications\SUBS\2024\Route 44 Crossing Subdivision FPUD-FP\Working Files\City Council\Route 44 Crossing Findings CC.doc 2. Each individual phase 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. The commercial uses proposed in this development are justified since the site is designated as Commercial within the City's Comprehensive Plan, and commercial uses are governed by the conditions of development specified in the development agreement associated with Route 44 Crossing Subdivision; 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 27th day of August 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho ike,Mayor ATTEST: .'„NV OkiOjt / •lE' s • .• S O4 * SEAL ;/* I Tracy E.Osb.,r,Eagle City Clerk �,,dj,••.oR.:�po.•�,,'I Page 5 of 5 K:\Planning Dept\Eagle Applications\SUBS\2024\Route 44 Crossing Subdivision FPUD-FP\Working Files\City Council\aoute 44 Crossing Findings CC.doc • s 0. •s• e•, *s.y spy eitt e t, t q idiM as * w n to, • M *****{*i F i Rti'.