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Findings - PZ - 2022 - A-13-21/RZ-19-21/CU-10-21/PPUD-09-21/PP-20-21 - Kingswood Subdivision - Annexation, Rezone From Rut To R-2-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Kingswood Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT [RURAL-URBAN TRANSITION] TO ) R-2-DA-P [RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT-PUD], ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR KINGSWOOD SUBDIVISION FOR ) LGPD UTAH,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-13-21/RZ-19-2 1/CU-10-2 1/PPUD-09-2 1/PP-20-2 1 The above-entitled annexation, rezone with a development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on June 6, 2022, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, 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: LGPD Utah, LLC, represented by Jim Perry with Woodbridge Pacific Group, LLC, is requesting an annexation,rezone from RUT(Rural-Urban Transition—Ada County designation)to R-2-DA- P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Kingswood Subdivision, an 87-lot (74- buildable, 13-common) residential planned unit development. The 38.81-acre site is located on the west side of North Linder Road approximately 1,430-feet north of the intersection of North Linder Road and West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle Middle School (cafeteria) at 6:00 PM, on Wednesday, December 8, 2021, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on December 27, 2021. A revised landscape plan and preliminary plat were received by the City on March 23, 2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on January 4, 2022, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 20, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67,Chapter 65, Idaho Code and Eagle City Code on May 20, 2022. The site was posted in accordance with the Eagle City Code on May 26,2022. Page 1 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzfdoc D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on December 27, 2021 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Agriculture Residential Transition—Ada County designation) Proposed No Change R-2-DA-P(Residential Single-Family,Residential with a development Planned Unit Development agreement—PUD) North of site Neighborhood R-2-DA-P(Residential Lanewood Subdivision No. Residential with a development 8 agreement—PUD) South of site Neighborhood R-3-DA-P(Residential Lanewood Subdivision No. Residential with a development 4 agreement—PUD) East of site Neighborhood R-2-DA-P(Residential Bella Terra Subdivision Residential with a development agreement—PUD) West of site Neighborhood R-3-DA-P(Residential Lanewood Subdivision Nos. Residential with a development 2 & 5 agreement—PUD) H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA. SITE DATA: Total Acreage of Site—38.41-acres Total Number of Lots—87 Residential—74 Commercial—0 Industrial—0 Common— 13 Total Number of Units—74 Single-family—74 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 2 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 I\Kingswood Sub\Working Files\Kingswood Sub pzf doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.93-dwelling units/acre 1.93-dwelling units per acre maximum(as limited by the development agreement) Minimum Lot Size 10,000-square feet 17,000-square feet Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)— pursuant to ECC Section 8-6-6-5 (A). The applicant has provided 4.18-acres of offsetting increase of open space. The offsetting increase of the required percentage in open space has been provided. Minimum Lot Width 80-feet 75-feet(minimum) Minimum Street Frontage 45-feet 35-feet Total Acreage of Common Area Open 13.61-acres 11.86-acres(minimum) Space (Inclusive of 4.18-acres of offsetting increase of open space) Percent of Site as Common Area 35.4% 30.9%(minimum) Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Common Area Open Space 34.5%(4.1-acres) 15%(minimum)(1.78- as Active Open Space acres) J. GENERAL SITE DESIGN FEATURES: Landscape Screening: The preliminary plat, date stamped by the City on May 23, 2022, shows two (2) 50-foot-wide common lots located adjacent to North Linder Road (principal arterial). The preliminary plat shows a typical Linder landscape section associated with the buffer area. The applicant is proposing a 4-foot-high berm with a 6-foot-high concrete noise abatement fence and landscaping located on top of the berm. Page 3 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf.doc Common Area Open Space: A total of 13.61-acres (35.4%) of open space is proposed (inclusive of the planter strips). A total of 4.1-acres (34.5%) of the common area open space is active open space. The required buffer areas located adjacent to North Linder Road will be contained within common lots. The remaining open space areas are inclusive of a large pond, pickle ball courts with a parking lot, gazebo, pathways throughout the development, a drainage ditch, and a few common lots located between the streets and side yards of lots located in proximity to the streets. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—No. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: The public streets will be constructed based on the ACHD report approving the proposed streets associated with the development (with site specific conditions of approval and standard conditions of approval),date stamped by the City on April 18,2022. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None. Cul-de-sac Design: One(1)cul-de-sac is proposed: North Annadale Place: 200-feet in length, 51-foot radius with a 12-foot radius island Sidewalks: The street section shown on the preliminary plat, date stamped by the City on March 23, 2022, show detached 5-foot-wide sidewalks (separated by an 8-foot-wide adjacent planter strip)on both sides of the internal streets. The detached sidewalks and a portion of the planter strips are located 11-feet within the buildable lot area adjacent to the public right-of-way. The street sections for Page 4 of 27 K\Planning Dept\Eagle Applications\Preliminary Development Plans\202 l\Kingswood Sub\Working Files\Kingswood Sub pzf.doc North Linder Road show an 8-foot-wide detached meandering sidewalk located adjacent to the roadway. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See the Trails and Pathways Superintendent's memo dated March 18, 2022 (attached to the staff report). Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. M. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by the City of Eagle Municipal Water System. The property will be served by an existing 18-inch sewer service line located at intersection of North Linder Road and the proposed West Venetian Drive. The applicant will be required to install fiber-optic conduit within the joint trench for future connection. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—no Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—unknown Page 5 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf doe Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required R. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated April 17, 2022, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated March 18, 2022, are of special concern (attached to the staff report). City of Eagle Water Superintendent: All comments within the City Water Department's memo dated January 17,2022, are of special concern(attached to the staff reports). ACHD Ballentyne Ditch Central District Health Department of Environmental Quality Eagle Fire Department Idaho Department of Fish and Game Marathon Pipe Line, LLC Sawtooth Law Offices,PLLC(on behalf of Drainage District#2) S. LETTERS FROM THE PUBLIC:None. T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant has submitted a phasing plan, date stamped by the City on December 27, 2021, which shows the subdivision is proposed to be developed in two (2) phases. The first phase is proposed with construction starting in April 2023 with completion in January 2024. The second phase construction is proposed to start April 2024 with completion in January 2025. U. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD 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. 2. 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. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. 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. 5. 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. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. Page 6 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf.doc 7. 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. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. 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. 12. 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. In cased of large-scale PUDs (incorporating eleven (11) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. 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 has been provided by the developer. 17. LANDSCAPING: That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development, exceed that of a non PUD development. 18. SITING: That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering), incorporated into this development, exceed that of a non PUD development. 19. DESIGN FEATURES: That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. V. FISCAL IMPACT ANALYSIS: See attached Developer Data Table, received by the City on December 27, 2021, along with the analysis table. Page 7 of 27 K-\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Kingswood Sub\Working Files\Kingswood Sub pzf doc THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (Western Area Plan adopted 02-10-15) designates this site as: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. 6.6 Village Planning Area 6.6.1 Village Planning Area Uses/Design 2. Residential Uses should be developed as follows: b. Densities should decrease as distance increases from the village center. The overall densities in the Village Planning Area and, in the Neighborhood, Residential designation, south of Beacon Light Road, should average 1-2 units per acre. Residential area north of Beacon Light is Large Lot Residential with a Residential Transition Overlay, transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. 6.6.2 Village Planning Area Access H. The design of the area should incorporate non-motorized pathways linking residential areas to the Village Center, foothills,and the existing Eagle Downtown. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Lot Area I Zoning Maximum (Acres Or Minimum District Maximum Front Rear Interior Street Lot Covered Square Lot Height Side Side F And J* Feet)H* Width I* R-2 35' 30' 30' 10' 20' 40% 17,000 75' B. Except for single-family attached dwellings, an additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7 (J)(4)(c): Landscape and Buffer Area Requirements: c. Any road designated as a principal arterial on the master street map typologies map in the Eagle comprehensive plan: Page 8 of 27 K:\Planning Dept\sagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf.doc A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot(4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development (PUD) so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent(20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping(such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes. Page 9 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzfdoc C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Easement width shall be ten(10') feet along rear and front lot lines and five feet along each side lot line, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side lot line or as required by the city council, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. • Eagle City Code Section 9-3-8(D): Public Sites and Open Spaces: Common Area Open Space: 4. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect D. DISCUSSION(based on the preliminary plat, date stamped by the City on March 23, 2022): • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line(STL)fee is to be provided at the time of preliminary and final plat applications. The amount of the STL fee is $2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential buildable lot. The applicant has submitted a storage trunk line deferral request, dated January 14, 2022, to the City of Eagle Water Department. The request is to delay paying the required STL fee until submittal of a final plat application. The preliminary plat STL fees to be paid for the subject subdivision is based upon the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 74-lots, the total STL fee required for the subdivision is $155,400.00. The STL fee required at the time of preliminary plat is $77,338.58. The applicant received approval from the City of Eagle Water Department (of the waiver request) on January 17, 2022. The applicant should be required to pay the required $77,33858 with the remaining portion of the $155,400.00 to be paid at the rate of($2,100.00 minus $1,045.12 [Preliminary Plat Fee per lot])x Lots in Final Plat or$1,054.88 x Lots in Final Plat at the time of submittal of final development plan and final plat applications. Page 10 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf doc • The preliminary plat shows the portion of the common lots(Lot 30, Block 2 and Lot 1, Block 4) located adjacent to North Linder Road at 50-feet in width. Page PP-2 of the preliminary plat contains a "Typical Linder Landscape Section W Out Of ROW Landscaping" diagram which identifies the area between the buildable lot The applicant should be required to provide a revised preliminary plat showing the portion of the common lots (Lot 30, Block 2 and Lot 1, Block 4) located adjacent to North Linder Road at a minimum of 75-feet in width to be in conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The revised preliminary plat should be provided prior to submittal of a design review application. • The applicant provided a Kingswood Subdivision Landscape Plan, date stamped by the City on March 23, 2022. Page L3.1 of the Landscape Plan (Fencing Plan) shows the fencing plan associated with the development. The Fencing Plan identifies the areas where 5-foot wrought iron open style fencing is proposed. The Fencing Plan shows the wrought iron fencing located adjacent to the open space common areas with the exception of the area located between Lots 13 and 14, Block 2, and the area between Lot 12, Block 1, along the common property line with Lots 13-15, Block 1. The applicant should be required to provide a revised fencing plan showing open style fencing located between Lots 13 and 14, Block 2, and the area between Lot 12, Block 1, along the common property line with Lots 13-15, Block 1. The revised Fencing Plan should be provided prior to submittal of a design review application. • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is requesting a reduction of the required setbacks. The proposed setbacks shown on page PP-1 of the preliminary plat are as follows: Front 30-feet(reduction to 25-feet with side entry garage) Back of sidewalk to garage(36' from R-O-W) 25-feet(garage) Rear 25-feet Side 7.5-feet(first story) 5-feet(each additional story) Street Side 20-feet The applicant is requesting a R-2-DA-P (Residential with a development agreement— PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2(Residential)zoning designations: Front 30-feet Rear 30-feet Interior Side 10-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20-feet within the R(Residential)zoning districts. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The preliminary plat, date stamped by the City on March 23, 2022, shows a typical street section for the interior streets with 6-feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located within the property. Based upon the requested 25-foot setback measured from back of sidewalk the setback from the property line would be 36-feet which is in conformance with Eagle City Code Section 8-2-4. However, the applicant is also Page 11 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf.doc requesting a 25-foot setback for a side entry garage. Based upon the location of the planter strip and the detached sidewalk, a side entry garage should be no less than 30-feet from the property line. The applicant is proposing a side setback of 7.5-feet with an additional 5-feet for two-story structures. Although the applicant is requesting reduced side yard setbacks, the lots are in conformance with the minimum lot width (75-feet) for the R-2 (Residential) zoning district; therefore, the applicant should be required to comply with the required 10- foot side yard setback. It is staffs opinion that based on the size of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 30-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 25-feet Interior Side 10-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Plat note#3 of the preliminary plat states, "The developer shall provide pressurized irrigation water to each lot. The irrigation system shall be owned and maintained by the HOA. All lots in this subdivision will be subject to assessments of the New Dry Creek Ditch Company." The plat note does not address that the lots within the subdivision are entitled to irrigation water rights and/or shares. The applicant should be required to provide a revised plat with plat note #3 revised to state, "Irrigation water has been provided by 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 homeowner's association. The pressurized irrigation system shall be owned and maintained by the Kingswood Subdivision Homeowner's Association, or its assigns." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #10 of the preliminary plat states, "This development is subject to covenants, conditions, restrictions, and easements, (Instrument No. ). The restrictive covenants for maintenance of the of the private road cannot be modified and the homeowner's association cannot be dissolved with the express consent of the City of Eagle." The plat note does not address possible subsequent modifications to the CC&Rs. All easements are addressed with other plat notes. Further, there are no private roads proposed within the subdivision. The applicant should be required to provide a revised preliminary plat with plat note#10 revised to state, "This development is subject to covenants,conditions, and restrictions (Instrument No. ) and any subsequent modifications. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #11 of the preliminary plat states, "Direct lot access from collectors & arterials is prohibited unless approved by the Ada County Highway District and the City of Eagle." The only collector and/or arterial the development is located adjacent to is North Linder Road. To provide specificity regarding which road access is prohibited, the applicant should be required to provide a revised preliminary plat with plat note #11 revised to state, "Direct lot access to North Linder Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The revised preliminary plat should be provided prior to Page 12 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzfdoc submittal of final development plan and final plat applications. • Plat note#13 of preliminary plat states, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 12-feet adjacent to any public street. The easement shall not preclude the construction of the hard-surface driveways, walkways, landscape, parking, fencing or other such non-permanent structures. All lots shall have a permanent easement for public utilities, irrigation, and lot drainage over the 12 (twelve) feet adjacent to the rear lot line. Except as otherwise shown, there shall be a 6 (six) foot public utility, irrigation,and lot drainage easement adjacent to and lot line not adjacent to a public street."[sic] Pursuant to Eagle City Code Section 9-3-6, 10-foot-wide unobstructed utility easements are required along all front and rear property lines and 5-foot-wide unobstructed utility easements are required along all side lot lines. A 5-foot-wide unobstructed drainageway easement is required in conjunction with the utility easement along each side lot line. The 37' Right-of- Way Typical Street Section shown on the preliminary engineering plan of the preliminary plat shows a 10'-0" PUID easement located behind the sidewalk. The easement identified on the typical street section is in addition to the easement noted within plat note #13. The Legend contained within the preliminary engineering plan identifies easement and setback lines with similar markings, however, the referenced lines shown on the plat are in line with the proposed setbacks. The applicant should be required to provide a revised preliminary plat with plat note #13 revised to state, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 10-feet adjacent to any public street. The easement shall not preclude the construction of the hard-surface driveways, walkways, landscape, parking, fencing or other such non-permanent structures. All lots shall have a permanent easement for public utilities, irrigation, and lot drainage over the 10- feet adjacent to the rear lot line. There shall be a 5- foot public utility, irrigation,and lot drainage easement adjacent to and lot line not adjacent to a public street." The applicant should be required to provide a revised preliminary plat with the 10-foot-wide public utility, irrigation, and lot drainage easement area located behind the detached sidewalks delineated on the preliminary plat. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #14 of the preliminary plat references the common lots and who is responsible for the operation and maintenance of the common lots located within the development. There is no reference within the plat note which prohibits driveways across common lots. There are some areas of the development where there is a common lot located between the street and side lot line. The applicant should be required to provide a revised preliminary plat with an additional sentence added to the end of plat note#14 which states, "Driveways are prohibited across all common lots." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Similar to plat note #14, plat note #16 of the preliminary plat references the common lots located within the subdivision and who is responsible for the operation and maintenance of the common lots within the development. However, the last sentence of plat note #16 states, "Lot 12 of Block 1 and Lot 11 of Block 2 will be owned and maintained by the New Dry Creek Ditch Company."[sic] The preliminary plat shows a 100-foot-wide easement located within Lot 11, Block 2. The preliminary plat does not identify the beneficiary of the 100-foot- wide easement. Also, it is not typical that lot ownership is transferred to an irrigation or drainage district. Irrigation and drainage districts typically have easements to allow the districts to maintain their irrigation and drainage facilities but not be responsible for the operation and maintenance of the entire lot area. Since plat note #16 is duplicative of plat note#14,the applicant should be required to provide a revised preliminary plat with plat note Page 13 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Kingswood Sub\Working Files\Kingswood Sub pzfdoc #16 removed. The applicant should also identify the beneficiary of the 100-foot-wide easement located within Lot 11, Block 2, and add a 100-foot-wide easement spanning Lot 12, Block 1, matching the easement located within Lot 11, Block 2. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #18 of the preliminary plat states, "Lot 11 of Block 1, Lot 13 of Block 3, Lot 1 of Block 5 are to have storm drainage facilities installed. Lot 10 Block 3 will have 3 small storm drain facilities as well as a lake that shall be filled with irrigation water and used as an landscape amenity."[sic] Although the plat note identifies the location of storm drain facilities it does not identify who is responsible for the operation and maintenance of the storm drain facilities. Since the storm drain facilities are located within common lots it could be argued that the homeowner's association is responsible for the operation and maintenance of the storm drain facilities. The storm drain facilities will be associated with the streets; therefore, Ada County Highway District will be responsible for the operation and maintenance of those facilities. The applicant should be required to provide a revised preliminary plat with plat note #18 revised to state, "A portion of Lot 11, Block 1, a portion of Lots 10 and 13, Block 3, and a portion of Lot 1, Block 5, is servient to and contain the ACHD storm water drainage system. The lots are encumbered by the certain first amended master perpetual storm water drainage easement recorded on November 15, 2015, as instrument no. 2015-013256 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 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system."The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The applicant has provided architectural elevations showing the styles of homes to be constructed within the development. If the conditional use permit, preliminary development plan, and preliminary plat are approved the architectural elevations will be included as an exhibit to the findings of fact and conclusions of law. The applicant should establish an Architectural Control Committee (ACC) as a component to the CC&Rs. The submittal of a building permit application to the city for each structure within the development should be accompanied by an approval letter from the ACC. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 6, 2022, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning ' and Zoning Commission by two(2) individuals who indicated the following concerns: • The irrigation water will need to be shared without conflict with the subdivision located upstream from the proposed subdivision. • The neighborhood meeting was conducted improperly since two (2) neighborhood meetings for separate applications were scheduled together the same night at the same location. • The proposed access at North Linder Road should not be in alignment with the Bella Terra Subdivision access to North Linder Road. Page 14 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf.doc COMMISSION DELIBERATION: • The applicant should be required to comply with the required 10-foot side setbacks. • The homes located adjacent to the perimeter of the property should not be permitted to have rear balconies from the second story of the home. • The applicant should be permitted to reduce the buffer width provided they install a 10-foot high buffer utilizing a retaining wall. • The developer should ensure that no homes of similar design be located within closed proximity to one another. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 4 to 0 (Smith absent) to recommend approval A-13-21 and RZ-19-21 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement— PUD) with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: 3.1 The maximum density for the Property shall be 1.93 dwelling units per acre (74 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 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 will be held on any proposed changes in the Concept Plan, notice will be provided as may be required by the City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fences shown, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowner's association or other entity cannot be dissolved without the express consent of the City. (b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). All other fencing(i.e. dog-eared cedar fencing, chainlink)shall be prohibited. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall Page 15 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Kingswood Sub\Working Files\Kingswood Sub pzfdoc be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. (A) No similar front elevation(utilizing the same architectural style or color)of any residential dwelling shall be duplicated: • Within five(5) lots measured from each side lot line; • Directly across the street and within five(5) lots(measured from each side lot line); and • Directly behind any lot and within five(5) lots(measured from each side lot line) 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall construct the neighborhood amenities (pickle ball court, gazebo, benches, and pedestrian pathways) identified within the provided narrative and shown on the Concept Plan (Exhibit C). The neighborhood amenities shall be reviewed and approved by the Design Review Board and City Council prior to construction. The amenities shall be constructed with the associated subdivision phase. 3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit E. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit E. If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.8 Owner shall comply with the Eagle Parks, Pathways, and Recreation Commission's pathway recommendations (Exhibit F), as identified in the Trails and Pathway Superintendent's memo, dated March 18,2022, and any subsequent revisions which may be made by the City Council. 3.9 Owner shall provide a"Heavy Truck Traffic Plan" (Exhibit G) 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 will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 3.10 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of- way and remain clearly visible from the roadway. Page 16 of 27 K\Planning Dept\Eagle Applications\I'reliminary Development Plans\202I\Kingswood Sub\Working Files\Kingswood Sub pzfdoe COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, • PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 4 to 0 (Smith absent) to recommend approval of CU-10-21/PPUD-09-21/PP-20- 21 for a conditional use permit, preliminary development plan, and preliminary plat for Kingswood Subdivision(Exhibit"A")with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-19-21. 2. Comply with all requirements of the City Engineer. 3. 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. 4. The applicant shall pay the required $77,338.58 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. (Resolution No. 08-09) 5. Provide a revised preliminary plat showing the portion of the common lots (Lot 30, Block 2 and Lot 1, Block 4) located adjacent to North Linder Road at a minimum of 50-feet in width to be in conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8- 2A-7(J)(4)(eb). The height of the berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be a minimum of 10-feet in height. The revised preliminary plat shall be provided prior to submittal of a design review application. 6. Provide a revised fencing plan showing open style fencing located between Lots 13 and 14, Block 2, and the area between Lot 12, Block 1, along the common property line with Lots 13-15, Block 1. The revised Fencing Plan shall be provided prior to submittal of a design review application. 7. The required setbacks shall be as follows: Front 30-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 25-feet Interior Side 10-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 8. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). 9. The developer shall provide shade-class (Class II)trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot- wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. 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 Page 17 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 l\Kingswood Sub\Working Files\Kingswood Sub pzf.doc 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. 10. Provide a revised preliminary plat with plat note #3 revised to state, "Irrigation water has been provided by 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 homeowner's association. The pressurized irrigation system shall be owned and maintained by the Kingswood Subdivision Homeowner's Association, or its assigns." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 11. Provide a revised preliminary plat with plat note #10 revised to state, "This development is subject to covenants, conditions, and restrictions (Instrument No. ) and any subsequent modifications. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary plat with plat note #11 revised to state, "Direct lot access to North Linder Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 13. Provide a revised preliminary plat with plat note #13 revised to state, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 10-feet adjacent to any public street. The easement shall not preclude the construction of the hard-surface driveways, walkways, landscape, parking, fencing or other such non-permanent structures. All lots shall have a permanent easement for public utilities, irrigation, and lot drainage over the 10- feet adjacent to the rear lot line. There shall be a 5-foot public utility, irrigation, and lot drainage easement adjacent to and lot line not adjacent to a public street." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary plat with the 10-foot-wide public utility, irrigation, and lot drainage easement area located behind the detached sidewalks delineated on the preliminary plat. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary plat with an additional sentence added to the end of plat note#14 which states, "Driveways are prohibited across all common lots." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 16. Provide a revised preliminary plat with plat note #16 removed. The applicant shall also identify the beneficiary of the 100-foot-wide easement located within Lot 11, Block 2, and add a 100-foot-wide easement spanning Lot 12, Block 1 matching the easement located within Lot 11, Block 2. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 17. Provide a revised preliminary plat with plat note#18 revised to state, "A portion of Lot 11,Block 1, a portion of Lots 10 and 13, Block 3, and a portion of Lot 1, Block 5, is servient to and contain the ACHD storm water drainage system. The lots are encumbered by the certain first amended master perpetual storm water drainage easement recorded on November 15, 2015, as instrument no. 2015- 013256 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 Idaho Code. The Master Easement is for the operation and Page 18 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzfdoc maintenance of the storm water drainage system." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 18. 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 approval of a final plat. The applicant should be required to provide a revised preliminary plat with a new plat which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. ." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 19. The Kingswood Subdivision shall remain under the control of one Homeowners Association. 20. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 21. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 22. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. 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. 23. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Kingswood Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 24. The applicant shall install a decorative style privacy fence along the shared property line located at 2001 North Linder Road. The style of fencing shall be reviewed and approved by the Design Review Board and City Council prior to installation. The applicant shall coordinate the fence style with the property owner prior from 2001 North Linder Road prior to installation. The fence shall be installed prior to the City Clerk signing the final plat. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). Page 19 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf doe 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. Page 20 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzfdoc 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. Page 21 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 l\Kingswood Sub\Working Files\Kingswood Sub pzfdac 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property, which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. Page 22 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf doc 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. 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. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. 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 will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-13-21/RZ-19-21) 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 R-2-DA-P (Residential with a development agreement - PUD) is consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed 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 R-2-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-2-DA-P(Residential with a development agreement—PUD)zone and land use to the north since that area has been developed with a residential subdivision (Lanewood Subdivision No. 8)containing lots of similar size; d. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-3-DA-P(Residential with a development agreement—PUD)zone and land use to the south since that area has been developed with a residential subdivision (Lanewood Subdivision No. 4)containing lots of similar size; Page 23 of 27 K:\Planning Dept\Eagle Applications\Prelimmary Development Plans\202l\Kingswood Sub\Working Files\Kingswood Sub pzf doe e. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-2-DA-P(Residential with a development agreement—PUD)zone and land use to the east since that area has been developed with a residential subdivision (Bella Terra Subdivision) containing lots of similar size. Also, the property located to the east is separated from the subject property by a principal arterial (North Linder Road) and landscape buffer areas located on each side of the road; f. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-3-DA-P(Residential with a development agreement—PUD)zone and land use to the west since that area has been developed with a residential subdivision (Lanewood Subdivision Nos. 2 and 5)containing lots of similar size; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. The proposed use, as conditioned within the development agreement, does not create a non- conforming use with the R-2-DA-P zone. 2. The Commission reviewed the particular facts and circumstances of this proposed preliminary development plan, conditional use permit, and preliminary plat (CU-10-21/PPUD-09-21/PP-20-21) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. That the proposed PUD 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. Kingswood Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to offset the cost of supporting public services; and 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. Kingswood Subdivision is designed to be compatible and harmonious with the existing subdivisions located adjacent to the site. The subdivision is designed with transitional lot sizing to blend with the adjacent subdivisions; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Kingswood Subdivision is designed in a manner which is harmonious with existing residential subdivisions located adjacent to the site. The proposed subdivision will provide pedestrian and vehicular interconnectivity to the adjacent subdivisions;and 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. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Kingswood Subdivision will be served by North Linder Road (principal arterial) and internal street network connections including North Racing Water Drive (local street) and North Serveriano Avenue (local street) connected to the adjacent subdivisions; and 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. Page 24 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzf.doc Kingswood Subdivision will be served by North Linder Road (principal arterial). All central services (including police and fire protection) are available or may be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense;and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water, and Ada County Highway District; and 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. The development will contain a minimum of 13.61-acres (35.4%) of open space. A total of 4.1- acres(34.5%)of the common area open space is active open space. The common lots will include three (3) large centralized areas (consisting of 10.5-acres), and several smaller common areas located between the intersections and the adjacent buildable lots. The open space areas will include the buffer area adjacent to North Linder Road, a large pond, pickle ball courts with a parking lot, gazebo, pathways throughout the development, a drainage ditch, and a few common lots located between the streets and side yards of lots located in proximity to the streets;and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include connection to two (2) stub streets to the adjacent subdivisions located to the north and south which will provide intra-neighborhood connectivity. Access to the development will be provided from North Linder Road. The design and construction of the roadways and entrances is regulated by the Ada County Highway District;and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site was previously utilized for agricultures uses; therefore, no scenic or historic features of major importance exist on site; and 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. The Eagle Comprehensive Plan designates the property as Neighborhood Residential. The applicant is requesting a R-2-DA-P (Residential with a development agreement—PUD) to allow for flexibility in design while still maintaining a maximum density of the proposed development at 1.93-dwelling units per acre; and 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. This applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer 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;and Page 25 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pzfdoc 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. Residential is the only use approved for this development. In case of large—scale PUDs (incorporating eleven (50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection This development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District's requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 35.4% of passive and active open space. The applicant is required to provide amenities to provide the residents living within the development recreational opportunities. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Kingfisher Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. Page 26 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 l\Kingswood Sub\Working Files\Kingswood Sub pzf doc n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately $35,024.00/annually(with Homeowner's Exemption). p. 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 has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 20th day of June, 2022. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright, Chairman 4EST: •`'��, GLE ,•, Tracy E., s o :Eagle City Ql / ,O s�`s� •, * •••..:.•• %.• STA`N• Page 27 of 27 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Working Files\Kingswood Sub pztdoc Exhibit "A" Q ^" ,.ui`°^.=• y,oN , .11 dnoao 01d10Vd apalemaoom W LL! QQ�IaMIM i wmgivj p IV OISlnlaans QOOMS JNI>1 J J f` g"Aupa u ha ., m Gip 11 0 IIP{ i o at w-"•'�—m— v.1 d A. d N I W I 1 3 2l d Ek; 0Il M Ili ® ' �rt ,:gr ��� ._Q- Q l a al N oo ��- i ii :ae / § g ce i` i P ' y? � , III g� $I §g'E' '1! R =gI ! .;lei_ al U , a b o a am. 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