Findings - DR - 2021 - DR-14-21 - Bald Eagle Pointe - Landscaping For Bald Eagle Pointe BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN BALD EAGLE POINTE )
SUBDIVISION FOR TODD CUNNINGHAM )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-14-21
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 24, 2021. The Board continued the application. The application came before the Eagle Design
Review Board on July 22, 2021, at which time their decision was made. The Eagle Design Review Board
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:
Todd Cunningham, represented by Jesse Buster with Stack Rock Group, is requesting design review
approval of the common area landscaping within Bald Eagle Pointe Subdivision.The 41.15-acre site is
located on the south side of West State Street(SH-44)at the southeast corner of West State Street(SH-
44)and West Moon Valley Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 26, 2021. Revised information
(landscape plan)was received on May 28,2021. Revised information(landscape plan and pool house
building elevations)was received July 14,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 29, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 30, 2007,the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for Eagle Commons (aka
Bald Eagle Pointe)planned unit development for Eagle Commons, LLC. (A-03-07/RZ-03-07/CU-02-
07/PPUD-03-07/PP-07-07)
On April 1, 2008,the development agreement associated with the rezone#RZ-03-07 was executed by
the city and the owner of the property. Pursuant to Condition of Development 3.1.1, the development
agreement terminated on April 1, 2011, due to a pathway of annexation of the property was not
identified by the applicant within 36-months of execution of the development agreement.
On July 25, 2017, the City Council approved a comprehensive plan text and map amendment,
annexation, rezone with development agreement, conditional use permit, preliminary development
plan, and preliminary plat for Bald Eagle Pointe Subdivision(CPA-01-17/A-01-17/RZ-03-17/CU-01-
17/PPUD-01-17/PP-01-17).
On November 14, 2017, the City Council approved a design review application for the common area
landscaping within Bald Eagle Pointe Subdivision(DR-43-17). This application has expired
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On May 23,2019,the City approved an extension of time application for the common area landscaping
within Bald Eagle Pointe Subdivision(EXT-06-19).
On July 9, 2019, the City Council approved a final development plan and final plat for Bald Eagle
Pointe Subdivision(FPUD-05-18 & FP-05-18).
On July 14,2020,the City Council approved an extension of time application for the final development
plan and final plat for Bald Eagle Pointe Subdivision No. 1 (EXT-03-20).
On July 23,2020,the City approved an extension of time application for the common area landscaping
within Bald Eagle Pointe Subdivision(EXT-06-20).
E. COMPANION APPLICATIONS: DR-43-17(expired November 24,2020).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-3-DA-P(Residential with a Residential planned unit
Residential, Regional development agreement— development
Openspace Overlay PUD
Proposed No change No change No change
North of site Compact Residential R-5-DA-P(Residential with a Agriculture and proposed
development agreement— Moss Creek Subdivision
PUD)and RUT(Rural-Urban
Transition—Ada County
designation)
South of site Floodway and Estate RUT(Rural-Urban Transition Conservation easement and
Residential —Ada County designation) single-family residential
East of site Mixed Use,Floodway RUT(Rural-Urban Transition Single-family residence
—Ada County designation)
West of site Estate Residential RUT(Rural-Urban Transition Tealwood and Moon Lake
—Ada County designation) Ranch Subdivisions
(single-family residential)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
J. SITE DATA:
Total Acreage of Site—41.15-acres
Total Number of Lots—71
Residential—63
Commercial—0
Industrial—0
Common—8
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Total Number of Units—71
Single-family—63
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the city on May 3, 2017, shows a proposed access road located
adjacent to the Boise River, however, it does not identify a pathway. The preliminary plat identifies a
proposed berm located within a common lot located adjacent to West State Street.The preliminary plat
also shows a 10-foot wide pathway located in a common lot(Lot 1,Block 1)between West State Street
and the common lot containing the proposed berm.
Open Space:
The preliminary plat, date stamped by the city on May 3, 2017, identifies 15.65-acres of open space
(inclusive of the planter strips) is provided within the development. The open space consists of seven
(7) common lots which are inclusive of two (2) ponds, swimming pool, tot lot, pathways, and buffer
area located adjacent to West State Street(SH-44).
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance.
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:
The preliminary plat,date stamped by the city on May 3,2017,notes that a 15-foot wide public utilities,
irrigation, and lot drainage easement will be located adjacent to the public street. The preliminary plat
also notes that a 5-foot wide public utilities, irrigation, and lot drainage easement will be located
adjacent to the interior side lot lines (reduced due to proposed side setbacks) and a 12-foot wide
easement will be located adjacent to the rear lot lines or subdivision boundary.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the city on May 3, 2017, shows nine (9) fire hydrants located
within the development.Hydrants are to be located and installed as required by the Eagle Fire District.
The subdivision will be served by the City of Eagle Municipal Water System. The proposed water
system plans will be reviewed and approved by the City of Eagle Water Department prior to
construction.
On-site Septic System(yes or no)—No.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The riparian
area located adjacent to the Boise River will be preserved.
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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.
L. BUILDING DESIGN FEATURES:
Pool house: 24' 9 Y2"(to the peak)structure
Roof: architectural roof shingles(Owens Corner Estate Gray), Steel(Bronze)
Walls: fiber cement lap siding (Old Cherry), fiber cement panel siding (River Rock), cultured stone
veneer(Cobblefield Chardonnay)
Windows/Doors: wood(Western Red Cedar)
Fascia/Trim: fiber cement(White Granite), sill(concrete)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
The applicant is proposing to remove three (3) Walnut trees and one Catalpa tree from the site and
mitigation will be required.All other existing trees on the site are proposed to be retained and protected.
Below is a list of all existing trees proposed to be removed with their respective conditions identified
within the existing tree plan, date stamped by the city on July 14, 2021.
Tree Specie Caliper/Height Condition Remove/Retain Replacement
Inches per
ECC
Walnut(3) 12"caliper Good condition/will Remove 41"
15"caliper require mitigation
14"caliper
Catalpa(1) 8"caliper Good condition/will Remove 8"
require mitigation
Tree Replacement Calculations:
There are three(3) Walnut trees and one Catalpa tree proposed to be removed. Pursuant to Eagle City
Code Section 8-2A-7(C), the applicant is required to mitigate for a total of 49-caliper inches. The
applicant is proposing to add an additional 25, 2-inch caliper trees within the common areas which
provides 50-caliper inches to comply with Eagle City Code 8-2A-7(E)(4 and 5) for the mitigation of
these trees. See discussion bullet on page 10 for further discussion.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees:
Street trees are proposed along West Polecat Drive, West Eagle Roost Way, South Chastain Way, and
South Snow Eagle Avenue.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:N/A
b. Interior Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
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P. OUTDOOR LIGHTING:
A landscape plan was provided identifying the locations and style of streetlights throughout the
subdivision.A detailed cutsheet showing the wattage, and illumination type for the streetlights has
been provided and complies with Eagle City Code Section 8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the City of Eagle water service area and within the boundaries of the Eagle Sewer
District.
S. PUBLIC USES PROPOSED:None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes—located adjacent to the Boise River
Evidence of Erosion—No
Fish Habitat—Yes—Boise River
Floodplain—Yes—Boise River,most of the site is located within an AE Zone
Mature Trees—Yes—located adjacent to the southern boundary of the site
Riparian Vegetation—Yes—located adjacent to the Boise River
Steep Slopes—No
Stream/Creek—Yes—Boise River
Unique Animal Life—unknown
Unique Plant Life—Yes—riparian area located adjacent to the Boise River
Unstable Soils—unknown
Wildlife Habitat—Yes—located adjacent to Boise River
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
W. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ada County Highway District
Ballentyne Ditch Company
Eagle Fire Department
Eagle Parks,Pathways, and Recreation
Marathon Pipe Line,LLC
X. LETTERS FROM THE PUBLIC:None received to date.
Y. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council,whichever is applicable, shall review the particular facts and circumstances of each
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proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City,and where possible,enhance the continuity of thematically common architectural
features;
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;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
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;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 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 THIS PROPOSAL:
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing located adjacent to open space and corner lots to be open-
style such as wrought iron,extruded aluminum(looks identical to wrought iron), or three-
rail-type decorative fencing. All other fencing(ie. Cedar fencing,vinyl, chainlink) shall be
prohibited,except that the east property boundary may have solid fencing of a durable
material excluding vinyl.
3.7 Owner shall provide a pool located within a common lot centrally located within the
development. The intent of the pool is to provide a venue for activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of a final plat application.
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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,an/d or similar amenities, 6)design of ponds
to be constructed in reference to mosquito abatement,and 7)all proposed fencing throughout
the development. The design review application shall be reviewed and approved by the Eagle
Design Review Board prior to the submittal of a final plat application.
3.10 Owner shall provide an Existing Tree Inventory Map(inclusive of species and size)with the
submittal of the Design Review application. Owner shall provide a narrative with the Existing
Tree Inventory Map indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to the removal of the trees.No trees shall be removed from the
site prior to City approval of a tree removal plan and replacement plan.
3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6,a minimum ten-foot(10')wide public pathway along the portion of the
property located adjacent to the Boise River. Owner shall also construct a ten-foot(10')wide
concrete pathway located adjacent to West State Street. The pathways shall be constructed
concurrently with Phase No. 1 of Bald Eagle Pointe Subdivision. The specific location,design,
and construction standards of the pathways shall be reviewed and approved by the City of
Eagle Park,Pathway, and Recreation Commission prior to submittal of a design review
application. The pathways 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. Other than any pathways
approved by Eagle, development within the Floodway shall be prohibited.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4. 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. 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.
5. 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). The applicant shall be required to construct a solid style privacy fence
made of durable material located adjacent to the eastern boundary of the development. The privacy
fence shall be reviewed and approved by the Design Review Board prior to installation.
17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
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23. All fencing located in proximity to the ponds shall be open style and be located a minimum of 20-
feet from the pond high water mark.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
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.
• Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed,replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two(2)six feet(6')tall coniferous trees.
b. When a homeowners association or its agent removes tree(s)from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required
provided the site remains in compliance with subdivision's approved landscape plan as
determined by the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust,poplar, cottonwood,willow,tree of heaven,elm,and silver
maple. Trees which are weak wooded,weak branched, suckering, damaged,diseased,
insect infested,or containing similar maladies may be exempt from replacement if
removal is first approved by the city.
d. In cases where the condition of the tree(s)constitutes an"emergency" as defined in
section 8-1-2 of this title,the tree(s)may be removed without approval provided that the
city is notified after the tree's removal and provided with documentation indicating the
tree's condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark,branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
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damage the tree or shruub.Any severely damaged tree shall be replaced in accordance with
subsection C2 of
this section.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal
plus six feet(6'),or to the drip line, whichever is furthest from the diameter of the tree trunk
5• Minimum Landscaping:Existing vegetation which is to m the trunk.
minimum required landscaping.
E. DISCUSSION: be retained may be used to satisfy the
• The applicant is re
pointisrequesting
sting design review approval for the common area landscaping
Eagle consist Subdivision,the a 71-lot(63-buildable, 8-common)residential subdivision. The
adjacent to State Highway 44, p g within Bald
areasra court,con and pathways berme throughout thet t evelo common
landscaping for the entire development, development.
lopment ponds,landscapetot lot,plan sand pool house,on pickle
landscape I p ivisi The being
gpla shows common area
p pan shows the phase Iine. The streetscape(8-foot de landscape
in phases and the
sidewalk)lines are solid in what is Bald Eagle Point Subdivision
future phase area.In addition, there are ape strip and 5-foot wide
planter strips. isZon No. 1 and a dashed line in the
two symbols shown for landscaping within the parkway
5 SIDE K * __ q f 1 ._. AL\y
1 el
t...„ .----
.,„..,,,,,,.,,„„.
, -- .-•-.:-..,..,ket I
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-401111
The . .
t should be required to provide a revised landscape 1
The should
be phases to match and show the
then planter linesparkway between ste betweenasesto planshnd to the
symbol p plan showing the common area
reviewedp and approved fori the landscaping located within
by staff prior to the CityThe revised landscape plan should be
• The applicant is proposing Clerk signing the final plat.
e is pthero osing to remove three(3) Walnut trees and one Catalpa tree from
inches.that conflict The a pond and pathway locations. The four trees require the site
i
applicant is proposing to add an additional 25, 2-inch caliper
theh c mmonper
area adjacent to the river to meet the
area adjacent removal to the Designt mitigation re a trees to common
requirement. Stail'defers comment regarding the
• PreliminaryReview Board.
plat site specific condition of a
proximity to the ponds is to be o approval no.23 states that all fencing located in
pond water The required pen style and be located a minimum of 20-feet from the
pond high adjacent mark.the pond. The plan
provided by
showing th location to of fencing adjacent to the applicant does not show any
applicant should be required to provide a revised fencing plan
fencinn. The fencing plan thehonld be reviewed the pond and the height, s
signing Lyle,color,etc. of the
the final plat. and approved by staff prior to the City Clerk
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• The landscape plan shows a pickleball court proposed within a common lot with chain link
fencing around it. Pursuant to Eagle City Code Section 8-2A-6(B)(3),chain link fencing is
prohibited. The applicant should be required to provide a revised landscape plan showing fencing
around the pickleball court that complies with Eagle City Code. The revised landscape plan
should be reviewed and approved by staff and one member of the Design Review Board prior to
the City Clerk signing the final plat.
• The landscape plan does not show the location of mailboxes or a mailbox cluster.If a mailbox
cluster is proposed to be installed within the development,the applicant should be required to
provide a revised landscape plan showing the location of the mailbox cluster and a detail of the
mailbox cluster the style, color,etc. The location and detail of the mailbox cluster should be
reviewed and approved by staff and one member of the Design Review Board prior to the City
Clerk signing the final plat.
Staff defers comment regarding common area landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the following site specific conditions of approval and standard conditions of approval
provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 24,2021.The
application was continued. The application came before the Design Review Board on July 22,2021,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 DELIBERATION: (Granicus time 01:03:15)
On June 24,2021,upon completion of the applicant's and staff's presentations,the Board discussed during
deliberation that:
• The Board had the following concerns regarding the common area landscaping:
o Fencing types and locations
o Mailbox cluster details and locations
o Pool house building elevations
o Details regarding the water feature and berm wall
o Drainage in the common lots and adjacent to the Boise River
BOARD DELIBERATION: (Granicus time 02:10:29)
On July 22,2021,upon completion of the applicant's and staff's presentations,the Board discussed during
deliberation that:
• The Board is in favor of the common area landscaping as proposed with the additional conditions noted
herein.
• The Board is in favor of the proposed pool house elevations.
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BOARD DECISION:
The Board voted 3 to 0(Duperault, Germano, Grubb, and Merrill absent)to recommend approval of DR-
14-21 for a design review application for the common area landscaping within Bald Eagle Pointe
Subdivision for Todd Cunningham,with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with underline to be added by the Board
and text shown with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CPA-0 1-17/A-0 1-17/RZ-03-17/CU-0 1-1 7/PPUD-0 1-17 and
PP-01-17.
2. Provide a revised landscape plan showing the common area landscape lines between phases to match
and show the symbol for the landscaping located within the planter parkway strips between plan
sheets to match. The revised landscape plan shall be reviewed and approved by staff prior to the City
Clerk signing the final plat.
3. Provide a revised fencing plan showing the location of the fencing adjacent to the pond and the
height, style,color,etc. of the fencing. The fencing plan should be reviewed and approved by staff
prior to the City Clerk signing the final plat.
member ofthe Desigann R a + t>, City C1 t tt, 1 +r ,7
The Board approves of the sports court black powder coated chainlink fencing around the pickleball
court. The sports court is similar to a school playground and the fencing should be allowed under the
school exemption.
5.
te-pProvide a revised landscape plan showing the location of the mailbox clusters-ate a detail of the
mailbox cluster, and the style, color,etc.provide detailed plans showing an architectural element
around the mailbox cluster to provide shelter for residents getting their mail. The location,-and detail
of the mailbox cluster,and architectural element around the mailbox cluster shall be reviewed and
approved by staff and one member of the Design Review Board prior to the City Clerk signing the
final plat.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide a revised landscape plan showing the landscape buffer along State Highway 44 extended to
within nine feet(9')of the edge of pavement along the entire frontage of the site and should provide
gravel within the nine feet(9')as approved by ITD. The revised landscape plan shall be reviewed and
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approved by staff prior to the City Clerk signing the final plat. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
14. Provide material samples and colors of the pool house and the Techno wall proposed within the berm
along SH-44. The material samples and colors shall be reviewed by staff and one member of the
Design Review Board prior to the City Clerk signing the final plat.
15. Provide a grading plan showing the grading around the water feature and provide a cross-section
through the water feature that includes the height and grades proposed. The grading plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk
signing the final plat.
16. If the area around the ponds within the subdivision are proposed to be modified(to add a beach, dock,
etc.),the applicant shall be required to submit a design review application for any modifications and
shall be required to comply with Title 10,Flood Control.
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. 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 and 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.
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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, for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association,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 prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light 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 street light 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.
The applicant shall pay applicable street light inspection fees prior to issuance of any 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
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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 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.
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 Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
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 Park and Pathway Development 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 City 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 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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes the planned use of the subject property
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.
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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.
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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-14-21) 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 Board 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 subdivision landscaping is permitted with the approval of a design review
application within the R-3-DA-P (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 proposed common area landscaping is designed to
complement the general vicinity;
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—Not applicable for a landscape plan;
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;
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—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
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 residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 12th day of August 2021.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
4 L..a4,-j� /
6,( Robert Gru Chairman
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(6)VTracy E.Osborn, Eag City Clerk
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