Findings - CC - 2024 - FPUD-09-23 & FP-16-23 - Final Development Plan and Final Plat for Willowbrush Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR WILLOWBRUSH SUBDIVISION )
FOR TH LOST RIVER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-09-23 &FP-16-23
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on November 26, 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:
TH Lost River, LLC, represented by Antonio Conti with Ackerman-Estvold, is requesting final
development plan and final plat approvals for Willowbrush Subdivision, a 13-lot (8-buildable, 5-
common), residential subdivision. The 5.97-acre site is located at the southwest corner of North
Park Lane and West Beacon Light Road at 2795 North Park Lane.
B. APPLICATION SUBMITTAL DATE:
The applications for this item were received by the City of Eagle on October 24, 2023.
C. HISTORY:
On October 25, 2022, the City Council approved an annexation, rezone, condition use permit, and
preliminary plat for Willowbrush Subdivision. (A-05-22/RZ-05-22/CU-06-22/PPUD-03-22/PP-09-
22)
On July 11, 2023, the City Council approved the common area landscaping within Willowbrush
Subdivision. (DR-21-23)
On May 8, 2024, a modification to the common area landscaping to include an irrigation pond was
approved for Willowbrush Subdivision. (DR-2023-21 MOD1)
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law, dated October 25, 2022, 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;
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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 plat differs from the original preliminary development plan and preliminary plat in terms of lot
quantity and total open space. The final development plan and final plat include an additional
common lot(Lot 5,Block 1),designated for an irrigation pond. Two(2)lots(Lots 4 and 6, Block 1)
were reduced in size to allow for the additional common lot. Additionally, the landscape buffer
along Beacon Light Road has been increased on the northern boundary of Lot 10,Block 1.
• The approved preliminary development plan and preliminary plat indicated that the existing
residence on Lot 10, Block 1 would remain in place. To accommodate this structure, a reduction in
the required landscape buffer along the northern boundary of Lot 10 (adjacent to Beacon Light
Road) and setback reductions for Lot 10 were approved. However, since the approval of the
preliminary plat, the existing house has been removed. Consequently, the rationale for the
previously approved landscape buffer and setback reductions is no longer valid.
Accordingly, the applicant has subsequently revised the final development plan and final plat to
restore the landscape buffer to a uniform width of 50-feet (50') along the entire northern boundary
of the development,adjacent to Beacon Light Road.
• The changes in lot configuration and increased landscape buffer have resulted in an alteration of the
open space layout. The amount of open space added is approximately 12,057-square feet. This
change was reviewed and approved by planning staff and a modification to the design review
approval was completed to reflect the addition of the irrigation pond(DR-2023-21 MOD1).
• Considering the aforementioned items, it is staff's opinion that the proposed changes within the
final development plan and final plat are consistent with the preliminary development plan and
preliminary plat approvals and remain in substantial compliance with both. Staff believes that the
development, as proposed, can meet the Findings of Fact required in Eagle City Code Section 8-6-
6-3 (B)and(C)with the conditions recommended herein.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on November 26, 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-09-23 & FP-16-23 for a final development plan and final
plat for Willowbrush 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-05-22/CU-06-22/PPUD-03-22/PP-09-22.
3. Comply with the conditions of DR-21-23 and DR-2023-21 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.
5. The accessory structures located on the site shall be removed prior to the City Clerk signing the final
plat.
6. The applicant shall be required to remove the overhead power line located at the northeast corner of
the property prior to the City Clerk signing the final plat.
7. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to the City Clerk signing the final
plat.
8. The owner, together with the City of Eagle, shall execute a Conservation and Education Program
(CEP) Funding Plan. The Funding Plan shall be included as a separate, standalone Assessment
within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Willowbrush
Subdivision and shall require the Homeowner's Association to collect $5.00 per lot, per month. The
CC&Rs shall acknowledge that the development of the Project has contributed to the reduction of
natural habitat and open space, and that the purpose of the CEP Assessment is to promote the
recreation, health, safety, and welfare of the Members by funding conservation and/or management
of natural or cultural resources, or conservation-based education and outreach programs. Funds
collected from the CEP Assessment shall be delivered to the City of Eagle annually and deposited in
a dedicated fund exclusively for the Conservation Education Program. The CEP Funding Plan shall
be executed by the Owner and the City prior to the City Clerk signing the final plat.
9. The following setbacks and lot coverage requirements shall apply:
Front 30-feet(living and/or side entry garage)
36-feet(front-load garage)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Maximum Lot Coverage 40%
10. All common area improvements within Willowbrush Subdivision as specified on the approved
landscape plan (DR-21-23) and subsequent modification (DR-2023-21 MOD I) shall be completed
or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final
plat.
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11. 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.
12. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
13. 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 letter(NTP) to the applicant's designated
representative.
14. 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.
15. 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.
16. 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.
17. The applicant shall install at the entrances to Willowbrush 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.
18. 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".
19. 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.
20. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior
to the City Clerk signing the final plat.
21. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
22. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior
to the City Clerk signing the final plat.
23. Provide a digital copy of the recorded CC&Rs for the subdivision, and a digital copy of the
recorded final plat of Willowbrush Subdivision,prior to the issuance of any building permits.
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24. 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.
25. 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.
26. 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 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 since the proposed changes, including the addition of the
irrigation pond,the increased landscape buffer, and revised lot configurations contribute to the
overall quality and functionality of the development in accordance with Eagle City Code
Section 8-6-1 and 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 December 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
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