Findings - CC - 2024 - FPUD-2024-06 & FP-2024-09 - Final Development Plan and Final Plat for Carrara Estates Subdivision No. 3 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR CARRARA ESTATES SUBDIVISION )
NO.3 FOR TOLL SOUTHWEST,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2024-06&FP-2024-09
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on August 27, 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:
Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions,LLP,is requesting
final development plat and final plat approvals for Carrara Estates Subdivision No. 3, a 32-lot (25-
buildable, 7 common) residential planned unit development. The 29.22-acre site is located on the
north side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 24,2024.
A revised submittal of the final plat was received by the City of Eagle on July 30,2024.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On July 27, 2021, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition—Ada County designation)to R-1-DA-P and R-3-DA-P(Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat
approvals for Carrara Estates Subdivision, a 103-lot(85-buildable, 18-common)residential planned
unit development. (A-03-21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21).
On May 10, 2022, the City Council approved a design review application for the common area
landscaping plan within Carrara Estates Subdivision(DR-17-22).
On May 10, 2022, the City Council approved a design review application for the community
signage associated with the Carrara Estates Subdivision(DR-18-22).
On December 13, 2022, the City Council approved the final development plan and final plat for
Carrara Estates Subdivision No. 1 (FPUD-02-22/FP-14-22).
On April 23, 2024, staff approved a design review modification to the common area landscaping
within Carrara Estates Subdivision to include a pickleball court(DR-2022-17 MOD1).
On June 11, 2024, the City Council approved the final development plan and final plat for Carrara
Estates Subdivision No.2(FPUD-2024-05/FP-2024-07).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated August 10, 2021, 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 August 27, 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-2024-06 & FP-2024-09 for a final
development plan and final plat for Carrara Estates Subdivision No. 3, 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 RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21.
3. Comply with the conditions of DR-17-22 and DR-2022-17 MOD1.
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.
The following setbacks and lot coverage requirements shall apply:
R-1 (Residential)zoned area(Lots 12, 13,and 24,Block 4):
Front-Living 30-feet
Front—Garage(Front Load) 31-feet
Rear 30-feet
Interior Side 15-feet(first story)5-feet(each additional story)
Street Side 30-feet
Maximum Lot Coverage 40%
R-1 (Residential)zoned area(Lots 15, 16, 17, 18, 19,21,22,28,29, and 30,Block 4):
Front-Living 30-feet
Front—Garage(Front Load) 31-feet
Rear 50-feet
Interior Side 15-feet(first story)5-feet(each additional story)
Street Side 30-feet
Maximum Lot Coverage 40%
R-3 (Residential)zoned area(Lots 5, 6, 8, 9, 10, and 11,Block 6;Lots 10,25,26,27, 31, 32,and
33,Block 4):
Front-Living 30-feet
Front—Garage(Front Load) 31-feet
Rear 25-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
5. All common area improvements within Carrara Estates Subdivision No. 3 as specified on the
approved landscape plan (DR-17-22) shall be completed or a surety shall be provided as required
by Eagle City Code prior to the City Clerk signing the final plat.
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
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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. 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.
11. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber
Master Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber
Department prior to submittal of a final plat application. 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. 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.
13. The applicant shall install at the entrances to Carrara Estates Subdivision No. 3, 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.
14. 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".
15. 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.
16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior
to the City Clerk signing the final plat.
17. 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.
18. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
19. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior
to the City Clerk signing the final plat.
20. Provide a digital copy of the recorded CC&Rs for the subdivision and a digital copy of the recorded
final plat of Carrara Estates Subdivision No. 3,prior to the issuance of any building permits.
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21. 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.
22. 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.
23. The applicant shall include the instrument number for all recorded public pathway easements on the
final plat prior to recordation.
24. 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 shall not indicate any heavy truck traffic access from W Glen
Bello St, but rather all access is routed into Carrara Estates Subdivision from W Floating Feather
Rd. 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 phase of the development will be initiated within one year of the date of approval based
upon the testimony and documentation presented by the developer;
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 September 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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