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.
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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
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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.
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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
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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
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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.
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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.
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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:
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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.
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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.
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• 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
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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
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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
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#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.
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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
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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.
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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
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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
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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).
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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.
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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.
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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.
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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;
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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.
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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
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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.
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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
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