Findings - CC - 2024 - FPUD-2024-01 & FP-2024-02 - Final Development Plan and Final Plat for Kingswood Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR KINGSWOOD SUBDIVISION )
NO. 1 FOR TBC LAND HOLDING,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2024-01 &FP-2024-02
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on March 12, 2024. The Council having heard and taken oral and written testimony, and
having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
TBC Land Holding,LLC,represented by Katie Miller with Bailey Engineering,Inc.,is requesting
final development plan and final plat approvals for Kingswood Subdivision No. 1, a 31-lot (25-
buildable, 6-common) residential subdivision. The 15.22-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:
The applications for this item were received by the City of Eagle on January 25,2024.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 26, 2022, the City Council approved an annexation, rezone, conditional use permit,
preliminary development plan,and preliminary plat for Kingswood Subdivision.(A-13-21/RZ-19-
21/CU-10-21/PPUD-09-21/PP-20-21).
On May 9, 2023, the City Council approved the common area landscaping within Kingswood
Subdivision for LGPD Utah,LLC(DR-11-23).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated July 26,2022,are incorporated herein
by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3(B):
The Council shall find that the facts submitted with the application and presented to them establish that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
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b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,and
increased densities will not generate traffic in such amounts as to overload the street network
outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan;and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions,if any,that the applicant could take to obtain a permit.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
The City Engineer and Planning staff has reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions recommended
herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 12,2024. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-2024-01 &FP-2024-02 for a final development plan and final
plat for Kingswood Subdivision No. 1,with the following site-specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of RZ-19-21/CU-10-21/PPUD-09-21/PP-20-21.
3. Comply with the conditions of DR-11-23.
4. The applicant shall submit payment to the city for all engineering and legal fees incurred for reviewing
this project,prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
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1. The following setbacks and lot coverage requirements shall apply:
Front 30-feet(living and/or side entry garage)
36-feet(front-load garage)
Rear 25-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
2. All common area improvements within Kingswood Subdivision No. 1 as specified on the approved
landscape plan (DR-11-23) shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
3. The developer shall provide 2-inch minimum caliper shade-class trees as shown on the approved landscape
plan. Prior to the City Clerk signing the final plat,the applicant shall either install the required trees, sod,
and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all
landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits
for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,including
street trees that have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion.
4. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
5. The applicant shall not construct any required improvements, including, storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation by
the City Engineer that they comply with the City approved construction drawings, the City will issue a
"notice to proceed with construction"to the applicant's designated representative.
6. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,prior to the
issuance of a"notice to proceed with construction"letter to the project engineer.
7. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department prior
to the issuance of a"notice to proceed with construction"letter to the project engineer.
8. 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.
9. The applicant shall install at the entrances to Kingswood Subdivision No. 1,4'x 4'plywood or other hard
surface signs(mounted on two 4"x 4"posts with the bottom of the signs being a minimum of 3-feet above
the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
10. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that,"This Street is to be extended in the future."
11. The applicant shall provide a license agreement from ACHD approving the landscaping and entry structure
located within the public rights-of way-abutting and within this site, prior to issuance of a "Notice to
Proceed"with construction letter.
12. Provide an approval letter for completion of sewer improvements from Eagle Sewer District,prior to the
City Clerk signing the final plat.
13. The applicant shall provide an approval letter for completion of the municipal water system improvements
from the City of Eagle Municipal Water Department or a surety shall be provided as required by Eagle
City Code prior to the City Clerk signing the final plat.
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14. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
15. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the
City Clerk signing the final plat.
16. Provide a digital copy of the recorded CC&Rs for the subdivision,and a digital copy of the recorded
final plat of Kingswood Subdivision No. 1,prior to the issuance of any building permits.
17. All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open-style such as wrought iron or extruded aluminum(looks identical to wrought iron).All other
fencing(i.e. dog-ear type cedar fencing,vinyl,chainlink)shall be prohibited.Fencing in any required
front yard area shall be open-style and limited to four-feet(4')in height.
18. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved
by staff prior to the issuance of a"Notice to Proceed"with construction letter.
19. The applicant shall include the instrument number for all recorded pathway easements on the final plat
prior to recordation.
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with the
application and presented to the Council,with the conditions herein,establish that:
1. This development will be initiated within one year of the date of approval;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or that
adequate assurance can be provided that such objective will be attained and the uses will not be
detrimental to present and potential surrounding uses,but will have a beneficial effect which would
not be achieved under standard district regulations because of the conditions placed on this
development;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street network
outside the PUD;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan,in accordance with the PUD and the adopted policy of
the Council because the varied lot sizes,setbacks and uses as specifically approved by the City will
allow for a mix of housing types and uses in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses,that might impact the planned
residential areas surrounding the development,are proposed;
7. The PUD is in general conformance with the Comprehensive Plan;and
8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
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DATED this 9th day of April 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pi e,Mayor
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