Findings - CC - 2020 - DR-83-19 - Lanewood North Sub Ls Pavilion & Pool House BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR COMMON )
AREA LANDSCAPING,PAVILION,POOL )
AND POOL HOUSE WITHIN LANEWOOD )
NORTH SUBDIVISION FOR )
SCS BRIGHTON,LLC )
i'INDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-83-19
The above-entitled design review application came before the Eagle City Council for their action on
February 11,2020,at which time the Council remanded the application to staff.The application came before
the Eagle City Council for their action on March 10, 2020. 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;
i'!NDINGSOFFACT:
A. PROJECT SUMMARY:
SCS Brighton, Inc.,represented by Kody Daffer, is requesting design review approval of the common
area landscaping, pavilion(416-square feet), pool, and pool house(924-square feet)within Lanewood
North Subdivision. The 81.16-acre site is located between North Lanewood Road and North Linder
Road approximately 1,100-feet south of West Beacon Light Road at 2810 North Lanewood Road and
2553 North Linder Road.
B. APPLICAI'ION SUBMITTAL:
The City of Eagle received the application for this item on December 5,2019.Building elevations were
received by the City on December 16, 2019, revised building elevations were received on January 2,
2020.
C. NO liCE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 11, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS AC!IONS:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with
development agreement,planned unit development,and preliminary plat for Lanewood Estates Planned
Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 —
S/ZC/PUD/DA).(The western half of the property—Ada County parcel#5040212300)
On November 26,2019,the Eagle City Council approved an annexation and rezone from RUT(Rural-
Urban Transition — Ada County Designation) to R-3-DA-P (Residential with a Development
Agreement—PUD), Conditional Use Permit, preliminary development plan, and preliminary plat for
Lanewood North Subdivision(A-03-1 9/RZ-08-1 9/CU-05-19/PPUD-04-19 and PP-06-19).
E. COMPANION APPLICA1lONS: DR-84-19(Subdivision Entry Monument Signs).
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F. LAND USE DESIGNAIION:
Single-Family Residential—Planned Unit Development,permitted pursuant to Eagle City Code Section
8-2-3.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAHONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-3-DA-P(Residential with Agricultural
Residential a development agreement—
PUD)
Proposed No Change No change Single-family, Residential
Planned Unit Development
North of site Neighborhood R2 (Medium Low Density Agricultural
Residential Residential—Ada County
designation)and RUT
(Rural-Urban Transition—
Ada County designation)
•
South of site Neighborhood R-3-DA-P(Medium Low Future Single-Family
Residential Density Residential—Ada Residential(Lanewood
County designation)and Subdivision No. 5)and
RUT(Rural-Urban Agricultural
Transition—Ada County
designation)
East of site Neighborhood RUT(Rural-Urban Single-Family Residential
Residential and Transition—Ada County (unplatted parcels and
Neighborhood designation) Foursome Heights Subdivision)
Transition
West of site Neighborhood R-2-DA-P(Residential with Single-Family,Residential
Residential a development agreement— Planned Unit Development
PUD) (Brookway Subdivision)
H. DESIGN REVIEW OVERLAY DISiRICT:Not in the DDA,'IDA,CEDA,or DSDA.
I. URBAN RENEWAL DISiRICT:No.
J. EXISTING SITE CHARACi'ERISTICS:
The site is undeveloped and consists of a Drainage District#2 drain that bisects the western half of the
site.
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K. SITE DATA:
Total Acreage of Site—81.16-acres
Total Number of Lots— 184
Residential— 160
Commercial—0
Industrial—0
Common—24
Total Number of Units- 160
Single-family— 160
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
L. GENERAL SITE DESIGN FEA1LJRES:
Height and Number of Stories of Proposed Buildings:
Pool House=23' 3"; single store.
Pavilion= 14' 2"; single story.
Mailbox Kiosks,two(2)= 16' 5 1/8"; single story.
Gross Floor Area of Proposed Buildings:
Pool House=924-square feet.
Pavilion=416-square feet.
Mailbox Kiosks,two(2)=415-square feet.
On and Off-Site Circulation:N/A.
Open Space:
A total of 20.57-acres(25.5%) of common areas and landscape strips are proposed within the overall
development.The common areas consist of a fifty foot(50')landscape buffer along North Linder Road,
a thirty five foot(35')landscape buffer along North Lanewood Road,a swimming pool with pool house,
two(2)tot lots, a seating area, a pavilion, a twelve foot(12')wide asphalt regional pathway that runs
along a piped drainage ditch, common lots located between the streets and side yards of buildable lots
located in proximity to the streets, and six foot (6') wide walking paths located throughout the
development.
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&R's 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 12-feet wide, except that
lesser easement widths,to coincide with respective setbacks,may be considered as part of the planned
unit development. The preliminary plat site plan, date stamped by the City on October 30, 2019,
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indicates the proposed easements.
Fire Hydrants and Water Mains:
Hydrants should be installed and approved as required by the Eagle Fire Department. The eastern
portion of the proposed development is located within the City of Eagle Municipal Water service area
and the western portion of the development is in the Suez Water service area.
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.
M. BUILDING DESIGN FEA1'IJRES:
Roof: Standing Seam Metal(Rust)
Walls: Hardie plank board and batt siding (SW Harbor Mist), El Dorado stone veneer (Boardwalk
Cliffstone)
Windows/Doors: Vinyl windows,metal doors(Brown)
Fascia/Trim: Hardie Board(SW Suitable Brown)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along all the streets within the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A.
Parking Lot Landscaping:N/A.
O. 'IRASH ENCLOSURES:
The applicant is proposing residential trash and recycle receptacles(95-gallon each approx.)which
will be stored in unit garages.
P. MECHANICAL UNITS:
All mechanical units will be located within the mechanical room of pool house.No roof top or ground
mounted mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A site plan, landscape plan,and detailed lighting cut sheets were provided identifying the locations of
streetlights throughout the subdivision. The height, style,color,wattage,and illumination type of the
streetlights comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-84-19)has
been submitted for the approval of subdivision monument signage.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
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located within the City of Eagle Municipal Water and Suez Water and is within the boundaries of the
Eagle Sewer District.A water service approval has not been received to date.Approval of the water
companies having jurisdiction will be required prior to issuance of any building permits.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEAI1JRES:
Areas of Critical Environmental Concern-No
Evidence of Erosion-No
Fish Habitat-No
Floodplain-No
Mature Trees-No
Riparian Vegetation-No
Steep Slopes-No
Stream/Creek-No
Unique Animal Life-No
Unique Plant Life-No
Unstable Soils-No
Wildlife Habitat-No
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle City Trails and Pathways Superintendent
Eagle City Water Municipal Superintendent
Eagle Fire Department
Idaho Transportation Department
Marathon Pipe Line, LLC (fka Andeavor)
Y. LETTERS FROM'[HE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAii' ANALYSIS
PROVII)ED WITHIN THE STAFi'REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
1HIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL
CONCERN REGARDING'i'FHS PROPOSAL:
3.6 Owner shall provide a swimming pool and tot lot located within the common lots within the
development.The intent of the swimming pool and tot lot is to provide a venue for activities for
the residents of the development.The design and location shall be reviewed and approved by the
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Eagle Design Review Board and City Council prior to submittal of a final plat application.
3.7 Owner shall provide and construct,in accordance with the provisions of Eagle City Code Section
9-4-1-6 a minimum 10-foot wide asphalt pathway along the portion of the Property located
adjacent to the Drainage District No.2 facility.The pathway shall be constructed in conformance
with the City of Eagle standards for an asphalt pathway concurrently with the phase of the
development where the pathway is located or the Owner shall provide a surety in a form pursuant
to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the asphalt
pathway to guarantee completion prior to the City Clerk signing the final plat. The specific
location and design of the pathway shall be approved by the Design Review Board and City
Council prior to submittal of a final plat application. The pathway shall be located within a
recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9-4-1-6(E)(2).The instrument number of the recorded easement or easements shall
be referenced on the face of the plat,upon recordation of the final plat(s)wherein the pathway is
located.
3.8 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2)planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment,gazebos,and/or similar amenities,6)all proposed fencing throughout the
development,and 7)street lights. The design review application shall be reviewed and approved
by the Eagle Design Review Board prior to the submittal of a final plat application.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING [HIS PROPOSAL:
4. 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). (ECC 9-3-10)
9. The buffer areas located adjacent to North Lanewood Road and North Linder Road shall be
extended to 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of
pavement (along the entire frontage) should be improved with 3/4 minus gravel (or approved
equivalent)and graded in accordance with the requirements of ACHD.
23. The developer shall provide shade-class 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
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.
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D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING'[HIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits,and any land annexed into the city after the date of
adoption hereof. Such development includes,but is not limited to,new commercial, industrial,
institutional,office,multi-family residential projects, signs,common areas,subdivision signage,
proposed conversions, proposed changes in land use and/or building use,exterior remodeling or
repainting with a color different than what is existing,exterior restoration,and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping,pool and pool
house, pavilion, and mailbox kiosks for Lanewood North Subdivision. The architecture of the
buildings proposed within this development have a farm-style theme with wood, stone and metal
accents. Staff defers comment regarding building design and colors to the Design Review Board.
• The building elevations of the proposed pool house and pavilion do not show exterior lighting.The
applicant should provide revised building elevations of the pool house and the pavilion showing
building light locations and provide detailed cutsheets of all lighting showing the style, color,
illumination type, etc., to comply with Eagle City Code Section 8-4-4-2. The revised building
elevations and detailed cut sheets should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
• The building elevations of the proposed pool house and pavilion do not show the color palette and
materials of the buildings. The applicant should provide revised building elevations of the pool
house and the pavilion showing the color palette and materials of the buildings and roof color.The
revised building elevations should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
• Building elevations of the two proposed mailbox kiosks do not show exterior lighting. The
applicant should provide revised building elevations of the two mailbox kiosks showing building
light locations and provide detailed cutsheets of all lighting showing the style, color, illumination
type, etc., to comply with Eagle City Code Section 8-4-4-2. The revised building elevations and
detailed cut sheets should be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
• The building elevations of the proposed mailbox kiosks do not show the color palette and materials
of the buildings. The applicant should provide revised building elevations of the mailbox kiosks
showing the color palette and materials of the buildings and roof color. The revised building
elevations should be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
• The Trails and Pathways Superintendent, provided email correspondence, dated December 11,
2019,which stated; 1)there is no indication whether the twelve foot(12')wide pathway is a public
pathway,2)there is no indication that the pathway will be paved in asphalt or in concrete,3)a 10-
foot wide pathway would suffice, 4)there is a note of a public pathway easement, will the public
access easement boundaries be on the same footprints as the 50-foot drainage easement?, 5)there
is no detail that reflects the City standard for pathway construction.
Pursuant to the approved development agreement,the applicant should provide a revised landscape
plan showing the City of Eagle Standard Asphalt Pathway Construction Detail for the 12-foot wide
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pathway shown on the plan adjacent to the Drainage District No.2 facility. The revised landscape
plan should be reviewed and approved by staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDAI ION PROV WED WITHIN THE STAKI'REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided below.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 9,2020,at
which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIISERATION: (Granicus time 50:14)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the landscape plan, as well as the pool house, pavilion, and mailbox kiosk
buildings design,colors,and materials proposed by the applicant.
BOARD DECISION:
The Board voted 6 to 0(Baer absent)to recommend approval of DR-83-19 for a design review application
of the common area landscaping,pavilion(416-square feet),pool,and pool house(924-square feet)within
Lanewood North Subdivision for SCS Brighton,Inc.,with the following site specific conditions of approval
and standard conditions of approval provided within their findings of fact and conclusions of law document,
dated January 23, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 11,2020,at which
time the Council remanded the application to staff.The application came before the Eagle City Council
for their action on March 10, 2020,at which time the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0(Baun absent)to approve DR-83-19 for a design review application of the common
area landscaping, pavilion (416-square feet), pool, and pool house (924-square feet) within Lanewood
North Subdivision for SCS Brighton, Inc., with the site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-03-19/RZ-08-19/CU-05-1 9IPPUD-04-19, PP-06-19, DR-
16-16 MOD,and DR-18-17 and all subsequent modifications.
2. Provide revised building elevations of the pool house and the pavilion showing building light locations
and provide detailed cutsheets of all lighting showing the style,color,illumination type,etc.,to comply
with Eagle City Code Section 8-4-4-2. The revised building elevations and detailed cut sheets shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of
a zoning certificate.
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3. Provide revised building elevations of the pool house and the pavilion showing the color palette and
materials of the buildings and roof colors. The revised building elevations shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
4. Provide revised building elevations of the mailbox kiosks showing building light locations and provide
detailed cutsheets of all lighting showing the style,color, illumination type,etc.,to comply with Eagle
City Code Section 8-4-4-2. The revised building elevations and detailed cut sheets shall be reviewed
and approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
5. Provide revised building elevations of the mailbox kiosks showing the color palette and materials of
the buildings and roof colors. The revised building elevations shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
6. Provide a revised landscape plan showing the City of Eagle Standard Asphalt Pathway Construction
Detail for the 10-foot wide pathway shown on the plan adjacent to the Drainage District No. 2 facility.
The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
7. Provide a revised landscape plan showing a bike rack location near the pool house. Detailed cut sheets
of the bike rack showing style, size, color, etc. shall be submitted. The revised landscape plan and
detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide material boards and sample colors showing the materials and color palette of all buildings and
roof colors. The material boards and sample colors shall be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a zoning certificate.
13. Provide detailed cut sheets and photos of the play structures proposed within the two(2)tot lot areas.
The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review
Board prior to approval of the final plat application.
14. Provide a revised landscape plan showing details of the planting features around the pool area. The
revised landscape plan shall be reviewed and approved by staff and two (2) members of the Design
Review Board.
15. Provide revised building elevations showing the location, material, and colors of all gutters and
downspouts on all proposed buildings within the common areas. The revised building elevations shall
be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a
zoning certificate.
16. Provide revised building elevations indicating the metal roof to have concealed fasteners on all
proposed buildings within the common areas. The revised building elevations shall be reviewed and
approved by staff and one member of the Design Review Board prior to a zoning certificate.
17. The pool parking area,shown on the revised site plan date stamped by the City on February 27.2020,
shall be completed prior to the City Clerk signing the final plat for Phase 2 of Lanewood North
Subdivision.
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18. Provide a revised landscape plan showing the addition of landscaping around the pool parking area
located on the southeast corner of common lot 6,Block 8. The revised landscape plan shall be
reviewed and approved by staff prior to issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval convicts 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. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. 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 issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
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 issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. 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
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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.
9. 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.
10. Streetlight plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining streetlight fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
streetlights 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 streetlight inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 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 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 for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall 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 or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
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14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. 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 issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, 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.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the City Council for review and approval.
22. 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.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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 advises the City of
Eagle of its intent to change the planned use of the subject properly unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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27. 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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-83-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and common area landscaping, a pavilion, a pool, and a pool house are
permitted with the approval of a design review application within the R-3-DA (Residential with a
development agreement—PUD)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the common area landscaping is designed to
complement the general vicinity and the pavilion and pool house are designed with materials and
colors associated with a farm-style architectural theme which complements the general area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has on-site covered parking within the
single-family residential lots and meets the required parking for the proposed use;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and City,
and where possible,enhance the continuity of thematically common architectural features since the
proposed buildings have been designed with quality materials that are consistent with farm-style
architecture approved within the development agreement and will harmonize with proposed
buildings within the vicinity;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
buildings are designed with materials and colors associated with a farm-style of architecture
approved within the development agreement and designed to complement the proposed buildings
in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed buildings are in conformance with the required setbacks and
height regulations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with walkways and a pathway that provide pedestrian connectivity throughout the
subdivision;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since there
are walkways and a pathway with amenities for the residence throughout the subdivision;and
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I. No signs are proposed with this application. All signs, if approved, will be required to be
harmonious with the architectural design of the building and will not cover or detract from the
desirable architectural features.
DATED this 10th day of March 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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baron Bergmann, Eagle ty Clerk
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