Findings - CC - 2026 - FPUD-2025-12 & FP-2025-23 - A Final Development Plan and Final Plat for Mosscreek Sub No. 2BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR MOSSCREEK SUBDIVISION NO.2
FOR 5806 W STATE ST LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2025-12 & FP-2025-23
The above -entitled final development plan and final plat applications came before the Eagle City
Council for their action on February 24, 2026. 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:
5806 W State St LLC, represented by Darcy Hart with Urban Solutions LLC, is requesting final
development plan and final plat approvals for Mosscreek Subdivision No. 2, a 31-lot (26-buildable,
5-common), residential planned unit development. The 8.77-acre site is located at the terminus of
West Escalante Drive, approximately 850-feet north of the intersection of State Highway 44 and
North Stonehart Way, at 5806 West State Street (parcel no. SO411346800) and North Stonehart
Way (parcel no. SO411346625).
B. APPLICATION SUBMITTAL DATE:
The applications for this item were received by the City of Eagle on October 30, 2025. A revised
final development plan was received on February 4, 2026.
C. HISTORY:
On January 12, 2021, the City Council approved an annexation, rezone from RUT (Rural -Urban
Transition — Ada County Designation) to R-5-DA-P (Residential with a development agreement
— PUD), conditional use permit, preliminary development plan, and preliminary plat for
Mosscreek Subdivision, a 64-lot (56-buildable, 8-common) residential planned unit development.
(A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20)
On July 27, 2021, the City Council approved a preliminary plat modification to address access from
a collector street and common area buffer lots. (PP-03-20 MOD)
On May 10, 2022, the City Council approved a final development plan and final plat for Mosscreek
Subdivision No. 1, a 36-lot (30-buildable, 6-common — 26 residential remaining) residential
planned unit development. (FPUD-01-22/FP-01-22)
On October 12, 2022, the City Council approved a design review application for the common area
landscaping plan within Mosscreek Subdivision. (DR-15-21)
On October 12, 2022, the City Council approved a design review application for the entry
monument sign within Mosscreek Subdivision. (DR-16-21)
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated January 12, 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 February 24, 2026. The Council made their decision at
that time. The minutes are incorporated herein by reference.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-2025-12 & FP-2025-23 for a final development plan and
final plat for Mosscreek 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.
2. Comply with all applicable requirements of A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-02
and PP-03-02 MOD.
3. Comply with the conditions of DR-15-21 and DR-16-21.
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:
Front (living) 20-feet
25-feet (side -entry garage)
31-feet (front -load garage)
Rear 15-feet
Interior Side 5-feet (first story) 5-feet (each additional story)
Maximum Lot Coverage 50%
6. All common area improvements within Mosscreek Subdivision No. 2 as specified on the approved
landscape plan (DR-15-21) shall be completed or a surety shall be provided as required by Eagle
City Code prior to the City Clerk signing the final plat.
7. The applicant shall comply with all requirements of the Transportation Mitigation Agreement,
executed on November 8, 2021, with the Idaho Transportation Department, prior to the City Clerk
signing the final plat.
8. The applicant 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.
10. All roads within Mosscreek Subdivision shall be constructed and accepted by the Ada County
Highway District (ACHD) prior to the City Clerk signing the final plat.
11. 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 to the applicant's designated
representative.
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12. The applicant shall 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.
13. The applicant shall provide an approval letter for completion of sewer improvements from Eagle
Sewer District, prior to the City Clerk signing the final plat.
14. The applicant shall provide a letter of approval from the City of Eagle Municipal Water Department
prior to the issuance of a "notice to proceed with construction" letter to the project engineer.
15. The applicant shall provide a Certificate of Completion for 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.
16. The applicant, 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, independent Assessment
within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Mosscreek
Subdivision No. 2 and shall require the Homeowner's Association to collect $5.00 per lot, per
month. The CC&Rs shall clearly define the CEP assessment within the Assessments section of the
CC&Rs, state that any amendment to this Declaration removing or changing the CEP Assessment
in any way must also be approved in writing by the City of Eagle within the "Terms and
Amendments" section of the CC&Rs, 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 and as approved by the City Council. The CEP Funding Plan shall be executed by the
Owner and the City prior to the City Clerk signing the final plat.
17. 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.
18. The applicant shall install at the entrances to Mosscreek Subdivision No. 2, 4'x 4' plywood or other
hard surface signs (mounted on two 4x4 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.
19. 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".
20. 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.
21. The applicant shall submit a revised final plat with a note that states,
the terms of ACHD License Agreement Instrument No.
Clerk signing the final plat.
"This subdivision is subject to
." prior to the City
22. The applicant shall provide a digital copy of the subdivision records drawings prior to the issuance
of building permits.
23. The applicant shall provide an approval letter for the requirements of all drainage districts and
irrigation districts prior to the City Clerk signing the final plat.
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24. The applicant shall provide a digital copy of the recorded CC&Rs for the subdivision and a digital
copy of the recorded final plat of Mosscreek Subdivision No. 2, prior to the issuance of any
building permits.
25. 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.
26. Mosscreek Subdivision shall remain under the control of one homeowner's association.
27. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's
pathway recommendations, as identified in the Trails and Pathway Superintendent's memo, dated
June 22, 2020, insofar as the recommendations are in alignment with the subsequent design review
approvals associated with DR-15-21 and DR-16-21 as well as the License Agreement, executed on
July 9, 2021, by the applicant, Middleton Mill Ditch Company, and Middleton Irrigation
Association, Inc, and recorded by the Ada County Recorder as Instrument No. 2021-121609.
28. The applicant shall provide an easement agreement for the permanent pathway easement in the
favor of the City of Eagle over the 10-foot wide Regional pathway within Mosscreek Subdivision
as required per Eagle City Code Section 9-4-1-6. The applicant shall provide a revised final plat
that shows the location of the permanent pathway easement on the face of the final plat prior to the
City Clerk signing the final plat.
29. The applicant shall submit a revised final plat with a note that states, "This development is subject
to the terms of the recorded Pathway Easement Agreement (Instrument No. )." prior
to the City Clerk signing the final plat.
30. The operation and maintenance of all pathways shall be the responsibility of the Mosscreek
Subdivision Homeowners' Association.
31. The applicant shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle,
machinery, or equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle
Weight Rating (GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated
route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local
residential streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
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.
32. 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.
33. The applicant shall provide a GIS shape file of the subdivision (file type(s) as approved by the
Zoning Administrator) prior to the City Clerk signing the final plat.
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34. The applicant shall submit a revised final plat with a note that states, "Any re -subdivision of this
plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision."
prior to the City Clerk signing the final plat.
35. The applicant shall submit a revised final plat with a note that states, "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
the issuance of building permits or as specifically approved and/or required." prior to the City Clerk
signing the final plat.
36. The applicant shall submit a revised final plat with a note that states, "The Mosscreek Subdivision
Homeowners' Association cannot be dissolved without the express consent of the City." prior to the
City Clerk signing the final plat.
37. The applicant shall submit a revised final plat with a note that states, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement (Instrument No. ) and any subsequently approved modifications to the
development agreement." prior to the City Clerk signing the final plat.
38. The applicant shall submit a revised final plat with a note that states, "Lots shall not be reduced in
size without prior approval from the health authority." prior to the City Clerk signing the final plat.
39. The applicant shall submit a revised final plat with a note that states, "This development is subject
to Covenants, Conditions, Restrictions (Instrument No. )." prior to the City Clerk
signing the final plat.
40. The applicant shall submit a revised final plat with a note that states, "A portion of Lot(s) _,
Block(s) _, is servient to and contains the ACHD storm water drainage system. The lots are
encumbered by the certain first amended master perpetual storm water drainage easement recorded
on , as Instrument No. within the official records of Ada County,
and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master
Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302
of Idaho Code. The Master Easement is for the operation and maintenance of the storm water
drainage system." prior to the City Clerk signing the final plat.
41. The applicant shall submit a revised final plat with a note that states, "All lots are hereby designated
as having a permanent easement for public utilities, irrigation, and lot drainage over the 18.5-feet
adjacent to any public street. The easement shall not preclude the installation of landscaping or the
construction of fencing or hard -surface driveways, walkways, and parking, or other such non-
permanent structures." prior to the City Clerk signing the final plat.
42. The applicant shall submit a revised final plat with a note that states, "Unless otherwise shown and
dimensioned, all lots are hereby designated as having a permanent easement for public utilities,
irrigation, and lot drainage over the 5-feet adjacent to any interior side lot line, and over the 10-feet
adjacent to any rear lot line or subdivision boundary." prior to the City Clerk signing the final plat.
43. The applicant shall submit a revised final plat with a note that states, "Lot(s) Block(s) _, are
common lots which shall be owned and maintained by the Mosscreek Subdivision Homeowner's
Association. The common lots are subject to a blanket public utility, drainage, and irrigation
easement." prior to the City Clerk signing the final plat.
44. The applicant shall submit a revised final plat with a note that states, "Driveways are prohibited
across all common lots." prior to the City Clerk signing the final plat.
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45. The applicant shall submit a revised final plat with a note that states, "The subdivision shall receive
water service from the City of Eagle municipal water system." prior to the City Clerk signing the
final plat.
46. The applicant shall submit a revised final plat with a note that states, "Irrigation water has been
provided by the Middleton Mill Ditch Company in compliance with Idaho Code Section 31-
3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the applicable irrigation entities, to be paid
through fees assessed by the homeowners' association. The pressurized irrigation system shall be
owned and maintained by the Mosscreek Subdivision Homeowners' Association, or its assigns."
prior to the City Clerk signing the final plat.
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. The required improvements associated with this development are anticipated to be initiated
and completed within one year of the date of approval;
2. The development will have a beneficial effect, because the development will provide a critical
addition to community and regional pathway connectivity by extending the regional pathway
along the Middleton Mill Canal, providing a pedestrian thoroughfare for existing and future
communities within the vicinity of the canal, to existing and planned regional multiuse
pathways along North Linder Road and State Highway 44. Additionally, the intensity and
scale of the development is in harmony with surrounding development and includes open
space amenities and other site improvements that optimize livability for the future residents of
the subdivision;
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.
* In accordance with Idaho Code Section 67-6521, a Notice to Proceed with Construction letter will be
provided upon the completion of the relevant conditions of approval provided herein following the 28-
day appeal period.
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DATED this 10'h day of March 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Ma
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Tracy E. O rn, Eagle City Clerk I,
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