Findings - 2026 - FPUD-2026-04 & FP-2026-09 - A final development plan and a final plat for Molinari Park Sub No. 3BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND A FINAL
PLAT FOR MOLINARI PARK SUBDIVISION
NO.3 FOR MOLINARI PARK 11, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2026-04 & FP-2026-09
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 28, 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:
A. PROJECT SUMMARY:
Molinari Park 11, LLC, represented by Bryan Appleby with David Evans & Associates, Inc, is
requesting final development plan and final plat approval for Molinari Park Subdivision No. 3, a
3-lot (1-buildable, 2-common [1-common lot, 1-private street]) residential planned unit development.
The 7.16-acre site is located approximately 330-feet west of the intersection of South Palmetto
Avenue and East Plaza Drive at 401 East Cedar Ridge Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 14, 2026.
C. 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).
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 Eagle City Council denied a design review application for three apartment
buildings and common area landscaping within Molinari Park Subdivision (DR-19-22).
Page 1 of 6
KAPlanning Dept\Eagle Applications\Subdivisions\Molinari Park\04 - Molinari Park FPUD-FP\Molinari Park No. 3 - FP-2026-09,FPUD-2026-04\03-Working Files\01-City Council\01-CC
Packet\Molinari Park No. 3 FP FPUD CCF.docx
On January 10, 2023, the Eagle City Council approved a development agreement modification and
planned unit development modification to modify the development agreement concept plan and
preliminary development plan site plan associated with the multi -family portion of Molinari Park
Subdivision (RZ-07-18 MOD/CU-03-18 MOD2/PPUD-02-18 MOD).
On June 27, 2023, the Eagle City Council approved a design review application for three apartment
buildings and common area landscaping within Molinari Park Subdivision (DR-2023-18). This
application has expired.
On August 6, 2023, the Eagle City Council approved a design review application for one subdivision
entry monument sign within Molinari Park Subdivision (DR-2023-31).
On April 23, 2024, the Eagle City Council approved a final development plan and final plat for
Auberge Subdivision aka Molinari Park (FPUD-2024-04 & FP-2023-17).
On February 25, 2025, the Eagle City Council approved a development agreement modification and
preliminary planned unit development modification 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 (RZ-07-18-MOD2/PPUD02-18-MOD2).
On August 26, 2025, the Eagle City Council approved a design review application for three apartment
buildings (including 1,000 square feet of retail space) and associated landscaping for Molinari Park
(DR-2025-41).
D. PRELIMINARY PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated March 12, 2019, 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
Page 2 of 6
K:\Planning DeptTagle Applications\Subdivisions\Molinari Park\04 - Molinari Park FPUD-FP\Molinari Park No. 3 - FP-2026-09,FPUD-2026-04\03-Working Files\01-City Council\01-CC
Packet\Molinari Park No. 3 FP FPUD CCF.docx
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 shows that there have been no significant changes from the preliminary plat. The final development
plan and final plat is 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 July 28, 2026. 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-2026-04 & FP-2026-09 for a final development plan and final
plat for Molinari Park 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.
2. Comply with all conditions within the development agreement for rezone application RZ-07-18 and
subsequent modifications.
3. Comply with all applicable requirements of PPUD-02-18/PP-06-18 and subsequent modifications.
4. Comply with the conditions of DR-18-20 and DR-2025-41.
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.
6. 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.
7. The required setbacks for Molinari Park No. 3 shall be as follows:
Interior Side: 0-feet
Exterior Side: 5-feet (No additional setback for multi -story structures)
Minimum Building Separation: 20-feet
Maximum Lot Coverage: 85%
All remaining setbacks shall be in conformance with Eagle City Code Section 8-2A-6(E)(3).
8. The maximum building height of the multi -family units shall not exceed 45 feet (4 stories) in height.
9. 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.
Page 3 of 6
KAPlanning Dept\Eagle Applications\Subdivisions\lvtolinari Park\04 - Molinari Park FPUD-FP\Molinari Park No. 3 - FP-2026-09,FPUD-2026-04\03-Working Files\01-City Council\01-CC
Packet\Molinari Park No. 3 FP FPUD CCF.docx
10. All common area improvements within Molinari Park Subdivision No. 3 as specified on the approved
landscape plan (DR-2025-41) shall be completed or a surety shall be provided as required by Eagle
City Code prior to the City Clerk signing the final plat.
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. 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.
14. The applicant shall provide an approval letter from Veolia Water prior to the issuance of a "notice to
proceed with construction" letter to the project engineer.
15. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
16. Prior to installation of the municipal fiber-optic conduit lines, the applicant shall provide an approval
letter from the City of Eagle Public Works 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.
17. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
18. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
19. The applicant shall install at the entrances to Molinari Park 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.
20. Construction fencing shall be installed to protect all trees that are to be preserved on the site, prior to
the commencement of any construction. No activity whatsoever shall take place within the drip line
of the trees.
21. 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.
22. All overhead utilities serving the site shall be located underground.
23. Building permits associated with the development of Molinari Park No. 3 only may be submitted
for City review upon Council's written approval of the final development plan and final plat. No
building permits shall be issued until the final plat has been recorded, the required closeout
documents have been submitted to the City, and all building department requirements have been
Page 4 of 6
KAPlanning Dept\Eagle Applications\Subdivisions\Molinari Park\04 - Molinari Park FPUD-FP\Molinari Park No. 3 - FP-2026-09,FPUD-2026-04\03-Working Files\0I-City Council\01-CC
Packet\Molinari Park No. 3 FP FPUD CCF.docx
satisfied. Provide a copy of the recorded CC&Rs for Molinari Park No. 3, a copy of the recorded
final plat, verification of approval from ACHD and the Eagle Fire Department, a list of all building
addresses, and as -built construction drawings for all subdivision improvements prior to the approval
and issuance of any building permits.
24. 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.
25. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to recordation.
26. Owner 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.
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. Molinari Park Subdivision No. 3 will be initiated within one year of the date of final plat
approval;
2. Molinari Park Subdivision No. 3, as conditioned herein, will be capable of creating an
environment of sustained desirability and stability. The required improvements to public utility
and roadway infrastructure can support the intensity and scale of the development as indicated
by the agencies that will serve the development. The landscape plan, as approved through the
design review process, will include design features and open space amenities which will be
maintained by the homeowner's association. The multi -family dwelling units have been
approved through the design review process and will be constructed and designed in a manner
compatible with the surrounding development. Additionally, adequate assurance that the
development will attain such objectives is provided by the development agreement and the final
development plan, as conditioned herein;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and the proposed density will not generate traffic in such amounts as to overload the
street network outside the planned unit development (PUD). The development has been
evaluated and conditioned with development requirements by the Ada County Highway District
(ACHD);
4. The live/work commercial space approved and required with Molinari Park Subdivision No. 3
will serve nearby residential development by providing services which complement uses within
and adjacent to the property;
Page 5 of 6
KAPlanning Dept\Eagle Applications\Subdivisions\Molinari Park\04 - Molinari Park FPUD-FP\Molinari Park No. 3 - FP-2026-09,FPUD-2026-04\03-Working Files\01-City Council\01-CC
Packet\Molinari Park No. 3 FP FPUD CCF.docx
Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan. The Molinari Park development provides
a variety of housing types, lot sizes, uses, open space, and amenities in accordance with Eagle
City Code Section 8-6-1 and as specifically approved and required by the City Council. Multi-
family apartment housing will be constructed with Molinari Park Subdivision No. 3 to provide
additional housing types including live/work units which will provide employment and services
within the development;
6. The area surrounding Molinari Park Subdivision No. 3 can be planned and zoned in coordination
and substantial compatibility with the proposed development. Molinari Park Subdivision No. 3
and the existing phases of the Molinari Park development, which encompass the property, are
subject to a development agreement that includes conditions to ensure the density and design
are compatible with the surrounding area. The final development plan for Molinari Park
Subdivision No. 3 is in accordance with the requirements of the development agreement;
7. The final development plan as conditioned herein is in general conformance with the land uses
established within the Comprehensive Plan. The Molinari Park development has a
Comprehensive Plan land use designation of Downtown, which is intended for a variety of
business, residential, and pedestrian -friendly uses. Molinari Park Subdivision No. 3 provides
multi -family residential housing inclusive of live/work units, and contains opens space
amenities and pathways to provide connectivity to the development as a whole; and
8. The agencies that will serve the development have indicated that the existing and required utility
services are adequate for the approved population density. Any additional infrastructure will be
provided at the expense of the developer.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 1 lth day of August, 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
ATTEST: ��r } 01 z'r
• J, C \i
Tracy E orn, Eagle City Clerk S
Page 6 of 6
KAPlanning Dept\Eagle Applications\Subdivisions\Molinari Park\04 - Molinari Park FPUD-FP\Molinari Park No. 3 - FP-2026-09,FPUD-2026-04\03-Working Files\01-City Council\01-CC
Packet\Molinari Park No. 3 FP FPUD CCF.docx