Findings - CC - 2021 - DR-35-21 - Brookway North Sub Ls BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN BROOKWAY NORTH )
SUBDIVISION FOR GREG HALL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-35-21
The above-entitled design review application came before the Eagle City Council for their action on
October 12, 2021. The Eagle City 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:
Greg Hall,represented by Kim Siegenthaler with Jensen Belts Associates, PLLC, is requesting design
review approval of the common area landscaping within Brookway North Subdivision. The 28-acre
site is located on the south side of West Beacon Light Road approximately 100-feet west of North
Linder Road at 6001 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 3, 2021. Revised information
(landscape plan)was received September 2,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 17, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 18, 2021, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for
Brookway North Subdivision,a 58-lot(53-buildable,5-common)residential planned unit development
(A-08-20/RZ-10-20/CU-08-20/PPUD-03-20/PP-05-20).
E. COMPANION APPLICATIONS: DR-36-21 (Subdivision Signage):
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-2-DA-P(Residential with a Single family residence,
Residential development agreement— vacant land
PUD
Proposed No Change No Change Brookway North
Subdivision
Large Lot Residential, Single-family residences
North of site RUT(Rural-Urban Transition
Residential Transitional and agriculture
Overlay —Ada County Designation)
Neighborhood Vacant parcels and single-
South of site RUT(Rural-Urban Transition
Residential family residential
—Ada County Designation) subdivision(Brookway
and R-2-DA-P(Residential Subdivision No. 3 and
with a development proposed Brookway
agreement—PUD) Subdivision No.4)
East of site Neighborhood RUT(Rural-Urban Transition Two non-conforming
Residential —Ada County Designation) parcels with single-family
dwellings
West of site Neighborhood RUT(Rural-Urban Transition Vacant parcels(proposed
Residential —Ada County Designation) Stags Crossing
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS:
The site has an existing dwelling and two shop buildings that will be removed. The site has existing
trees adjacent to the canal along the eastern property and in proximity to the existing dwelling.
J. SITE DATA:
Total Acreage of Site—28
Total Number of Lots—58
Residential—53
Commercial— 0
Industrial— 0
Common—5
Total Number of Units—
Single-family—53
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 50-foot wide landscaped buffer along West Beacon Light Road. The
proposed width is in conformance with Eagle-City Code Section 8-2A-7(J)(4).
Open Space:
A total of 7.70-acres of open space is proposed(inclusive of the planter strips).The required buffer area
located adjacent to West Beacon Light Road will be contained within common lots. The remaining
open space areas are inclusive of pathways throughout the development,a drainage ditch,and common
lots located between the streets and side yards of lots located in proximity to the streets. 4.02-acres
(52.2%)of the proposed open space is considered to be"Open Space,Active"as defined by Eagle City
Code Section 9-1-6.
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.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—Yes
There is an existing septic system which serves the residential dwelling located on the property. The
septic system will need to be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the Dry Creek Canal along the eastern property
line and along West Beacon Light Road.There are also mature trees located in proximity to the existing
dwelling located along West Beacon Light at the midpoint of the property fronting West Beacon Light
Road.
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:
Pump House(13' tall):
Roof: Asphalt(black)
Walls: Wood(tan)
Doors: Wood(tan)
Fascia/Trim: Wood(dark tan)
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Mailbox Structure(20' tall):
Roof: Wood(SW Dark Mahogany stain)
Columns: Wood(SW Dark Mahogany stain), Stone veneer
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees adjacent to Dry Creek
Canal that will be retained. There are two existing trees adjacent to the residential dwelling that are
proposed to be removed. Below is a list of all existing trees proposed to be removed from the site as
identified on the landscape plan, date stamped by the City on September 2,2021.
Tree Caliper/ Condition Remove/ Replacement
Specie Height Retained Inches/Feet per ECC
Black 20" Poor Condition Remove TBD
Locust
Juniper 16' Poor Condition Remove TBD
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and City
Council
Total caliper inches proposed for mitigation 36"
Tree Replacement Calculations:
The applicant is proposing to remove two trees from the site. The applicant is proposing to plant an
additional 36-caliper inches of trees to mitigate for the two trees.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed in front of the residential lots and along West Beacon Light
Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-36-21)has been
submitted for the approval of subdivision entry monument signs proposed within the development.
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.
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T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—along the eastern property line and residential dwelling.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—yes—Dry Creek Canal
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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.
Ballentyne Ditch Company
Eagle Fire Department
Eagle Park,Pathway,and Recreation
Idaho Power
New Dry Creek Ditch Company
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
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;
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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 CITY COUNCIL 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 15, 2017), designates this site as the
following:
Neighborhood
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 to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 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,
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.
3.9 Owner shall provide and construct all pathways as shown in the Parks,Pathways,and Recreation
Commission Pathway Recommendations, dated January 4, 2021 (Exhibit "F"). The pathways
shall be constructed in conformance with the City of Eagle standards 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 pathways to guarantee completion prior to the City Clerk signing the
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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 along
the Dry Creek Canal shall be located within a recorded easement or easements dedicated to and
accepted by Eagle. The instrument number of the recorded easement or easements shall be
referenced on the face of the plat.
C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
5. 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.
6. 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).
7. Provide a revised fencing exhibit showing open style fencing located adjacent to the common area
open spaces and on the street side of all corner lots prior to execution of the development agreement
associated with the rezone(RZ-10-20).
15. Provide a revised preliminary development plan/preliminary plat showing an 18-foot wide public
pathway easement with a 10-foot wide concrete pedestrian path located within the public pathway
easement located in proximity to the Dry Creek Canal. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
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.
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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
damage the tree or shrub. 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 to the diameter of the tree trunk
plus six feet(6'),or to the drip line,whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
4. Major Roadways:New residential developments, including,but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways,or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners'association.Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berm ing/fencing,as noted below, shall be measured from the elevation of the final grade of
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the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing.
The required buffer area width,plantings, and fencing are as follows:
a. Any road designated as collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way: four
(4)shade trees, five(5)evergreen trees,and twenty four(24)shrubs. Each required shade
tree may be substituted with two(2)flowering/ornamental trees,provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm,decorative block
wall,cultured stone,decorative rock, or similarly designed concrete wall,or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative
block wall,cultured stone,decorative rock,or similarly designed concrete wall is to be
provided in combination with the berm,a four foot(4')wide flat area shall be provided
for the placement of the decorative wall. Chainlink,cedar,and similar high maintenance
and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material,unless the fence is located on the property line between the required roadway buffer area
and the residential lot,in which case the fence may be a solid wood picture frame or premium vinyl
picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence
is visible from the adjacent roadway, then the fence shall include decorative columns spaced a
maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed
as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A
section within the subdivision CC&RS shall be created for the regulation of fences to this effect.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Brookway North Subdivision, a 58-lot (53-buildable, 5-common) residential planned unit
development. The common areas consist of street trees,buffer area adjacent to West Beacon Light
Road,internal pathways and a regional pathway adjacent to Dry Creek Canal.Staff defers comment
regarding the common area landscaping to the Design Review Board.
• The applicant is proposing to remove two trees(one Black Locust, one Juniper) from the site. As
noted on the landscape plan, the trees are in poor condition. Pursuant to Eagle City Code Section
8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is approved in
writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), unless it is determined
by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat,
removal of Black Locust trees do not require replacement. Pursuant to Eagle City Code Section 8-
2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of caliper
inches is required to be replanted and for each vertical foot of coniferous tree removed, an
equivalent amount of vertical feet is required to be replanted. The applicant is proposing to plant
an additional 36-caliper inches on the site to mitigate for the two trees.No additional mitigation is
required. Staff defers comment regarding the removal of the two trees to the Design Review Board.
• Sheet L5 shows a fencing plan with three different types of fencing(wrought iron,vinyl,and vinyl
with open style at the top). Lot 12,Block 1 and Lot 2,Block 4,(which are corner lots)show solid
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vinyl fencing with open style on the top foot of the fence.Pursuant to preliminary plat site specific
condition of approval no. 7 the street side of all corner lots is required to have open style fencing.
The applicant should be required to provide a revised fencing plan showing the fencing proposed
adjacent to Lot 12, Block 1 and Lot 2, Block 4,to be open style fencing. The revised fencing plan
should be reviewed and approved by staff prior to approval of the final plat application.
• The landscape plan shows a 10-foot wide regional pathway adjacent to Dry Creek Canal with no
fencing proposed between the pathway and the ditch. In order for the pathway to be installed
adjacent to the ditch a 3-foot tall wrought iron fence is required to be installed between the pathway
and ditch (between 5 to 10-feet from top of bank). The applicant should be required to provide a
revised landscape plan showing a 3-foot tall wrought iron fence between the regional pathway and
the Dry Creek Canal(installed between 5 to 10-feet from top of bank).The revised landscape plan
should be reviewed and approved by staff prior to approval of the final plat application.
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 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 September 9,2021,
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 1:59:53)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board recommends approval of the proposed common area landscaping.
• The Board recommends approval of the removal of the two existing trees.
• The Board is in favor of the proposed vinyl fencing style (with one-foot open style at the top) on the
rear lot lines between the residential lots and the buffer along West Beacon Light Road and along the
entrance to the subdivision.
BOARD DECISION:
The Board voted 5 to 0(Grubb and Mihan absent)to recommend approval of DR-35-21 for a design
review application for the common area landscaping within Brookway North Subdivision for Greg Hall,
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 September 23,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 12,2021, 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.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-35-21 for a design review application for the common area
landscaping within Brookway North Subdivision for Greg Hall,with the following Design Review Board
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-08-20/RZ-10-20/CU-08-20/PPUD-03-20/PP-05-20.
2. Provide a revised fencing plan showing the fencing located adjacent to Lot 12,Block 1 and Lot 2,Block
4, to be wood grain colored solid vinyl fencing with one-foot open rail at the top. The revised fencing
plan shall be reviewed and approved by staff prior to approval of the final plat application.
3. Provide a revised landscape plan showing a 3-foot tall wrought iron fence between the regional pathway
and the Dry Creek Canal(installed between 5 to 10-feet from top of bank). The revised landscape plan
shall be reviewed and approved by staff prior to approval of the final plat application.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. 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.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a revised fencing plan showing the vinyl fencing and vinyl fencing with one-foot open style at
the top proposed throughout the development to be brown wood grain color to match the fencing within
the previous phases of Brookway Subdivision.The revised fencing plan shall be reviewed and approved
by staff prior to approval of the final plat application.
12. The removal of the two existing trees and proposed tree mitigation is approved.
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
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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.
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.
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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
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 fmal 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
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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.
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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-35-21) 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 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 subdivision landscaping is permitted with the approval of a design review
application within the R-2-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;
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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.A separate design review application(DR-36-21)has
been submitted for the subdivision entry monument signs and will be required to be harmonious
with the architectural design of the subdivision, and will not cover nor detract from desirable
architectural features.
DATED this 12th day of October 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,_Idaho
.so Pierce,Mayor
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