Findings - CC - 2025 - RZ-07-18 MOD2/PPUD-02-18 MOD2 - Molinari Park Sub DA Mod & PUD MODBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF APPLICATIONS FOR A )
DEVELOPMENT AGREEMENT MODIFICATION )
AND PLANNED UNIT DEVELOPMENT )
MODIFICATION ASSOCIATED WITH THE )
MOLINARI PARK SUBDIVISION FOR )
MOLINARI PARK 11, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-07-18 MOD2/PPUD-02-18 MOD2
The above -entitled development agreement modification and planned unit development modification
applications came before the Eagle City Council for their action on February 25, 2025, at which time public
testimony was taken and the public hearing was closed. The Eagle City 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:
Molinari Park 11, LLC, represented by Ian McLaughlin with Pivot North Architecture, is requesting
development agreement modification and preliminary planned unit development modification
approvals to modify the site plan associated with the development and amend site -specific condition of
approval #12 to remove the requirement for the trellises to be integrated into the building design. The
7.16-acre site is located on the southeast corner of East Plaza Drive and South Finn Lane at 401 East
Cedar Ridge Street.
B. APPLICATION SUBMITTAL:
The planned unit development modification request was received by the City on November 12, 2024.
The development agreement modification request and revised narrative were received by the City on
December 10, 2024.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on these applications for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 5,
2025. Notice of this public hearing was mailed to property owners of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 4, 2025.
The site was posted in accordance with the Eagle City Code on February 14, 2025.
D. 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).
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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 May 24, 2022, the City Council approved a modification to the conditional use permit for Molinari
Park Subdivision for a building height exception (CU-03-18 MOD).
On July 12, 2022, the City Council approved the final development plan and final plat for Molinari
Park Subdivision No. 2 (FPUD-03-22 & FP-03-22).
On January 10, 2023, 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).
On June 27, 2023, the City Council approved a design review application for three apartment buildings
[incl. 1,000-SF Retail], and common area landscaping within Molinari Park Subdivision (DR-18-23).
On August 6, 2023, the City Council approved a design review application for one subdivision entry
monument sign within Molinari Park Subdivision (DR-31-23).
On April 23, 2024, the City Council approved the final development plan and final plat for Auberge
Subdivision (aka Molinari Park) (FPUD-2024-04 & FP-17-23).
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:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within this district is the only place to utilize
the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial, and Professional Office.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the City. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails, and connectivity.
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Public/Semi-Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the different needs,
interests, and age levels of residents in matters concerning both recreation and civil activities.
The public/semi-public land use designation is not a residential land use designation. When a project
or development is designed that contains or is adjacent to land holding a public/semi-public land use,
this land will not be included when calculating the allowable residential density. Projects that hold a
residential designation that want to provide or dedicate amenities similar to those allowed in the
public/semi-public designation may transfer unused density from these areas to other areas within the
development, as approved by the City Council through the Planned Unit Development process as
defined in the comprehensive plan.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due
to potential impacts on surrounding property or the community, a public hearing shall be held on
any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City.
However, the residential portion of this development proposal is recognized by Eagle and Owner
as a desired component to the development. A residential component of similar size and area to
that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
C. PLANNED UNIT DEVELOPMENT SITE SPECIFIC CONDITIIONS OF APPROVAL WHICH ARE
OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
12. Provide a revised preliminary plat/preliminary development plan showing the required covered
parking spaces to be integrated into the design of the buildings. The revised preliminary
development plan/preliminary plat shall be provided prior to submittal of a design review
application (ECC 8-4-5).
D. DISCUSSION (based on the applicant's revised narrative, date stamped by the City on
December 10, 2024):
• The applicant is requesting to amend site -specific condition of approval #12 from the preliminary
development plan findings with strikethrough text to be removed:
Provide a revised preliminary plat/preliminary development plan showing the required covered
parking spaces associated with the multi -family dwellings to be into .mtea ifAe the design of
the buildings. The revised preliminary development plan/preliminary plat shall be provided
prior to submittal of a design review application.
The applicant's narrative states that the previously approved design with the trellises integrated into
the design of the buildings poses fire and life safety concerns. The trellis connection limits fire
ladder access adjacent to the buildings, and the location of the trellises provides potential residential
access to the top of the trellises from second floor balconies, which poses additional safety
concerns.
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The applicant's narrative also addresses concerns with the site plan currently approved, stating
resident experience is negatively impacted for ground level units due to light and air obstruction.
The current design of the trellises and the columns needed to support them limits pedestrian
circulation and visibility through the site.
The applicant is proposing to relocate the trellises to exterior locations at the site, including the
pool deck and adjacent to the live/work units in Buildings B and C.
• The modification to the development agreement is requested in order to update the site plan
(Exhibit C of the development agreement) to reflect the changes to site circulation and building
footprint, and the relocation of parking stalls.
PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record [Granicus Time
03:18:55] https:Hea lg a id.granicus.com/pla ey r/clip/2037?view id=1&redirect=true):
A. A public hearing on the applications was held before the City Council on February 25, 2025, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the applications was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the applications was presented to the Council by no one.
D. Oral testimony in favor of nor in opposition to the applications was presented to the City Council by
no one.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 3 to 1 (Kvamme against) to approve RZ-07-18 MOD2 for a development agreement
modification for Molinari Park 11, LLC, to replace the original Concept Plan (Exhibit "C") with the
Concept Plan provided by the applicant, date stamped by the City on February 13, 2025.
COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT
MODIFICATION:
The Council voted 3 to 1 (Kvamme against) to approve PPUD-02-18 MOD2 for a modification to the
planned unit development associated with Molinari Park Subdivision for Molinari Park 11, LLC, with site
specific condition #12 to be modified with strikethrough text to be removed by the Council as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL:
12. Provide a revised preliminary plat/preliminary development plan showing the required covered
parking spaces associated with the multi -family dwellings te be iategFmed into the design of the
cgs. The revised preliminary development plan/preliminary plat shall be provided prior to
submittal of a design review application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-07-18 MOD2) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of CBD-DA-P (Central Business District with a development
agreement — PUD) is consistent with the Downtown designation as shown on the Comprehensive
Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
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for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed CBD-DA-P (Central Business District with a development agreement — PUD) is
compatible with the CBD (Central Business District) zone and land use to the north since those
areas have been developed with similar uses such as townhomes, a mobile home park, and storage
units;
d. The proposed CBD-DA-P (Central Business District with a development agreement — PUD) is
compatible with the C-3-DA (Highway Business District with a development agreement) and MU-
DA (Mixed Use with a development agreement) zone and land use to the south since the
development is bordered on the south by a state highway and commercial development located
south of the state highway;
e. The proposed CBD-DA-P (Central Business District with a development agreement — PUD) zone
is compatible with the MU (Mixed Use) zone and land use to the east since that area has been
developed as a commercial development and the proposed development will contain commercial
lots located in proximity to the commercial development;
f. The proposed CBD-DA-P (Central Business District with a development agreement — PUD) is
compatible with the CBD and CBD-DA (Central Business District and Central Business District
with a development agreement) zone and land use to the west since that area has been developed
with an office building and senior housing facility;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary development
plan modification (PPUD-02-18 MOD2) and based upon the information provided concludes that the
proposed development is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives:
a. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The proposed development is designed to be in conformance with the Plaza Planning Area
contained within the Downtown Planning Area of the comprehensive plan. The proposed
development is designed to enhance the community by offering high quality townhomes and luxury
apartments that are located within a five-minute walk of downtown Eagle shops and restaurants.
The mixture of residential uses support and provide the customer base for the commercial uses and
the commercial uses provide services needed and desired by individuals in the residential areas.
The tax revenue and user fees associated with the infrastructure in the area will provide the revenue
to support the development.
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The proposed development is consistent with the existing commercial uses located in proximity to
the site. The development will include three (3) different product types consisting of townhomes,
multi -family apartments, and a commercial business development. There will be ground floor retail
and commercial uses located near the proposed park area, townhomes, and within the multi -family
buildings. The development is designed with a landscaped buffer located adjacent to State Highway
44 so as to not impact the scenic corridor along State Highway 44. The Council determined that the
modifications to the. site design should be granted since the change does not detract from the
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intended character of the vicinity. The design and architecture of all proposed buildings is required
to be reviewed and approved by the Design Review Board prior to construction.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The proposed residential townhome use located adjacent to Paddy Row Subdivision is similar in
size. The larger scale multi -family buildings will be located in proximity to the center of the
development to provide transition and blend in with the surrounding area.
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Anticipated traffic and noise levels are consistent with this type of development and neighboring
commercial uses located adjacent to East Plaza Drive. The development will also contain
residential uses that will not produce noise, smoke, fumes, glare, or odors beyond what is typical
for multi -family and commercial developments. The commercial lots are proposed with uses that
are similar to those approved for the adjacent properties.
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools
because;
The development is bordered on the north by East Plaza Drive (collector) and on the south by State
Highway 44 (principal arterial). The tax revenue generated from residents and businesses within
Molinari Park Subdivision will offset additional costs to public service providers that will serve
this development. The Applicant will be required to meet the requirements of the service providers
and agencies. ACHD, Eagle Fire, Eagle Sewer District, and Veolia have reviewed the proposed
development and indicate that capacity exists to adequately serve this development.
f. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public infrastructure, facilities and services are constructed and supplied by the developer and
must be approved at the time of installation and before acceptance by the sewer, power provider,
water, or highway district. Because the developer provides infrastructure for the services in the
initial stages of development, the public service providers avoid potential liability and expenses.
The commercial areas will be served by public streets and the live/work units are bordered by
private streets. Private drive aisles and private streets will serve the multi -family and single-family
portions of the site with utilities extended to all the dwelling units.
g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The development will contain a public park, paths (public and private), open areas, and creation of
amenities not typical of a non-PUD subdivision. The proposed development contains
approximately 45% of open space to serve the residents of the subdivision and the public. The
applicant is also proposing a swimming pool, community gathering center, pet/dog friendly
walking paths, electric car charging stations, rooftop community spaces, and a multi -use
bike/pedestrian path.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
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Access to the development will be from East Plaza Drive (collector), East Cedar Ridge Avenue,
and State Highway 44 at the southern property boundary. With the exception of East Plaza Drive
and East Cedar Ridge Avenue, a portion of the interior streets will be private and will be constructed
in conformance with standards pursuant to Eagle City Code. The applicant will meet the standards
and requirements, including necessary improvements of the highway district and ITD.
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The site has been vacant for several years with the exception of when the property was previously
utilized for the Eagle Rodeo.
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development and its design components are in accordance with and similar to the
design and other elements noted in the Plaza Planning Area contained within the Downtown Sub -
Area Plan of the comprehensive plan. The applicant is also required to comply with the
requirements of the design review. The Plaza Planning Area plan calls for Transit Ready
Development (TRD) consisting of a mixture of office, residential, retail and commercial uses.
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
The applicant requests approval for a development agreement modification and planned unit
development modification as outlined in Eagle City Code. The applicant satisfies those
requirements and will be required to meet the conditions herein. In addition, the applicant will be
required to submit an application for design review and comply with all Eagle City Codes and
conditions of approval of the design review.
1. That the benefits, combination of various land uses, and interrelationship with the surrounding area
for this proposed development justifies any proposed deviation from any standard district
regulations because;
The development provides a mix of townhomes, multi -family, and commercial uses. The residential
portions of the development will be served by private streets to facilitate a specific housing product
that is in high demand in Eagle. The residents of the development will be located within walking
distance of commercial businesses located in proximity to the site.
m. Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The revenue generated from taxes will cover the additional manpower necessary to serve
this property once developed. The public services that will be provided to the development include
the following:
Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within Veolias's certificated area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
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Road Construction
The construction of all interior roads, the North Palmetto Drive extension, and improvements of
East Plaza Drive will be completed by the developer. Upon completion of the public roads they
will be dedicated to ACHD. The private streets and private drive aisles will also be constructed by
the developer and maintained by the homeowner's association.
Parks and Open Space
The development will contain over 45% of passive and active open space providing residents a
variety of recreation options from which to choose. A system of public and private pathways will
provide pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas will be regulated by the Molinari Park Subdivision
Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
Schools
The residents of Molinari Park Subdivision are located in the West Ada School District boundaries.
n. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the developer
at no cost to the public. Because the developer provides the services in the initial stages of the
development, the public service providers avoid potential liability and expenses.
o. That the uses are appropriate with the planned residential uses.
The retail and commercial uses located within the site will provide services and jobs for the
residents located within the development.
p. That the uses will serve principally the residents of the PUD.
The proposed commercial and retail uses will principally benefit the residents of Molinari Park
Subdivision due to the proximity of those uses located within the development. Also, since the
project is located within the downtown area it will also serve the residents of the greater community
as identified within the comprehensive plan.
q. That the uses are planned to be an integral part of the PUD.
The residential, commercial, and retail uses planned for this PUD will integrate with one another
in this urban environment while offering a community setting through use of open/green space,
public park, facilities for walking and biking. This development contains a mix of uses that are
appropriate and integral to the area as identified in the Plaza Planning Area contained within the
comprehensive plan.
r. That the uses located and designed to provide direct access to a collector or arterial street.
The proposed development is located adjacent to East Plaza Drive (collector) and State Highway
44 (principal arterial). The applicant is also required to construct the North Palmetto Drive
extension which will be constructed as a collector.
s. That the proposed street connections will not create congestion of traffic hazards.
The proposed street sections will mitigate the traffic congestion at the intersection of Eagle and
State Highway 44 and provide motorists who wish to visit downtown Eagle better traffic circulation
to access downtown businesses. Also, the applicant is required to construct the North Palmetto
Drive extension which will help reduce congestion at the intersections of North Eagle Road and
SH-44 and South Edgewood Lane and SH-44.
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DATED this 11' day of March 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
BrKJ Pike, May
••••�•atunra� Jr
ATTEST: CITY,
CU j'p
' �C :
Tracy E. O Eagle Cliy Clerk s� ., -i : m
Q ;�9)1971
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