Findings - CC - 2021 - DR-43-21 - Arvory Crest Subdivision Common Area Landscaping BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN ARVORY CREST )
SUBDIVISION FOR FS ONE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-21
The above-entitled design review application came before the Eagle City Council for their action on
December 14,2021. 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:
FS One, LLC, represented by Jaime Snyder with T-O Engineers, is requesting design review approval
of the common area landscaping within Arvory Crest Subdivision. The 80.2-acre site is located on the
southeast corner of West Floating Feather Road and State Highway 16 at 1252 North Highway 16.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 24, 2021. Revised information
(landscape plan,building elevations, lighting cutsheets,fencing plan)was received October 27,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 29, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On July 14, 2009, the City Council approved an annexation and rezone with development agreement
for Eagle Sports Legends Investments#2, LLC (the subject property was recognized as an expansion
parcel within the development agreement associated with the Legacy Planned Community[Ada County
instrument#106161990])(A-03-09/RZ-03-09).
On September 14,2021,the City Council approved a conditional use permit,preliminary development
plan, and preliminary plat for Arvory Crest Subdivision, a 249-lot (231-buildable, 18-common)
residential planned unit development(CU-02-21/PPUD-02-21/PP-04-21).
E. COMPANION APPLICATIONS: DR-44-21 (Subdivision Monument Signs).
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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(Residential with a Vacant parcel
Residential development agreement) (Agriculture)
Proposed No Change No Change Residential subdivision
North of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation) and agriculture
R-2-DA(Residential with a Vacant parcel
development agreement) (Agriculture)
South of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation)
R-2-DA-P(Residential with a Single-family residential
development agreement— subdivision(Snoqualmie
PUD) River Subdivision No.4)
East of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation)
R-2-DA-P(Residential with a
development agreement—
PUD)
West of site Mixed Use(Star R-3-PUD-DA(Residential— Rosti Farms Subdivision
designation) PUD—with a development
agreement)
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 four existing out buildings which are proposed to be removed.The site has a row of existing
Juniper trees along the east property line.
J. SITE DATA:
Total Acreage of Site—80.2-acres
Total Number of Lots—249
Residential—231
Commercial—0
Industrial—0
Common— 18
Total Number of Units- 231
Single-family(detached)—66
Single-family(attached)— 165
Multi-family—0
Total Acreage of Any Out-Parcels—0
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K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required pursuant to Eagle City Code Section 8-2A-7(J)(4)(a-c) and Condition of Development
#3.11 of the executed development agreement(Ada County instrument#2018-030159), the applicant
will provide buffer areas located along State Highway 16, West Floating Feather Road, and North
Hamlin Avenue.
Open Space:
A total of 25.79-acres (32.1%) of common area open space (18-common lots) is proposed within the
planned unit development. The preliminary plat and development plan, date stamped by the City on
July 7, 2021, shows a centralized 1.21-acre common area open space (Lot 1, Block 4)that features a
community pool with changing rooms,two(2)pickleball courts, and community parking in proximity
to the pool and pickleball courts. The preliminary plat and development plan also shows a 4.72-acre
common area open space located at the northwest corner of the development which will contain a
community dog park and community park. Several of the common open space areas contain pathways
which provide interconnectivity throughout the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat and development plan,date stamped by the City on July 7,2021,notes the required
public utility, drainage, and irrigation easements. The rear lot line and interior side lot line easements
have been reduced in width to allow for the reduced setbacks. The applicant is required herein to place
all utilities underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The water system will
be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon
completion by the applicant and acceptance by the City.
On-site Septic System(yes or no)—No.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. BUILDING DESIGN FEATURES:
Proposed Building Design: Prairie School
Club House(21-feet tall, 1,390-square feet)
Roof: TPO(Slate Gray),metal(Dark Bronze)
Walls: vertical wood(Spanish Walnut), stone veneer(Monument),metal(Quartz-Zinc)
Windows/Doors: aluminum(Dark Bronze)
Fascia/Trim: metal(Dark Bronze),wood posts(Spanish Walnut)
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Pool Mechanical Room(11-feet tall, 300-square feet)
Roof: TPO(Slate Gray)
Walls: vertical wood(Spanish Walnut), stone veneer(Monument)
Windows/Doors: aluminum(Dark Bronze)
Fascia/Trim: metal(Dark Bronze),wood posts(Spanish Walnut)
Pump House(11-feet tall, 600-square feet)
Roof: TPO(Slate Gray)
Walls: vertical wood(Spanish Walnut), stone veneer(Monument)
Windows/Doors: aluminum(Dark Bronze)
Fascia/Trim: metal(Dark Bronze),wood posts(Spanish Walnut)
Mailbox Cover(11' 3"tall)
Roof: composite Slat(natural wood)
Walls: stone veneer(Sierracut 24)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 38 existing trees adjacent to the east
property line that are proposed to be removed. Below is a list of all existing trees proposed to be
removed from the site as identified on sheet L2.00,date stamped by the City on October 27,2021.
Tree Caliper/ Condition Remove/ Replacement
Specie Height Retained Inches/Feet per ECC
Juniper 20'/per Unmaintained, health with good growth Remove 760'
38 total tree
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 819'
Tree Replacement Calculations:
The applicant is proposing to remove 38-existing juniper trees from the site.The applicant is proposing
to plant 126-skyrocket(819-feet of height)junipers along the eastern property line to mitigate for the
trees.No additional mitigation is required.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the development and along West Floating Feather
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 lighting plan showing the location of streetlights and detailed lighting cutsheets showing the height,
illumination type,wattage,etc.has been provided and will be required to comply with Eagle City Code
Section 8-4-4-2.
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Q. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-44-21)has been
submitted for the approval of signs proposed within the subdivision.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within 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 - none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—along the eastern property line
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
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.
Eagle Fire Department
Eagle Park,Pathway, and Recreation
Eagle Sewer District
Marathon Pipeline,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
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;
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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 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per
acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.11 Owner shall provide an on-site tree lined landscape strip along State Highway 16, Linder
Road,Floating Feather Road, and the east/west collector and Palmer Lane,which landscape
strip shall include a ten foot wide bicycle/pedestrian pathway,as generally depicted on
Exhibit E attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The
landscaping, including street trees and pathways, shall be reviewed and approved as required
by the applicable provisions in the Eagle city Code and as set forth below:
3.11.1 A 75-foot-wide landscape strip along State Highway 16 shall include a minimum ten-
foot-high berm/wall combination with extensive landscaping per ECC 8-2A-7 to
provide a buffer. All buffers should be located outside a 150-foot setback from
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centerline for right-of-way dedication to the Idaho Transportation Department (the
"ITD").
3.11.2 A 50-foot-wide landscape strip along Linder Road and Floating Feather Road shall
include a minimum eight-foot-high berm/wall combination with extensive landscaping
per ECC 8-2A-7 to provide a buffer.
3.11.3 A 35-foot-wide landscape strip along all collector roads on the Owner's Remaining
Property,including Palmer Lane,shall include a minimum of five-foot-high berm/wall
combination with extensive landscaping per ECC 8-2A-7 to provide a buffer.
3.15 Public art,water features, or other features of interest and pedestrian amenities which
encourage pedestrian use(e.g., outdoor drinking fountains, benches, and tables)shall be
constructed on the Owner's Remaining Property,as generally depicted in Exhibit G attached
hereto and incorporated herein.
3.18 Owner shall obtain a license agreement from the ITD and/or the ACHD to allow the right-of-
way between the Owner's Remaining Property and the edge of pavement along State
Highway 16,Palmer Lane,Linder Road,and Floating Feather Road to be landscaped by the
Owner, if such an agreement is approved pursuant to Eagle City Code.
C. PRELIMINARY DEVELOPMENT PLAN/PRELIMINARY PLAT CONDITIONS OF APPROVAL
WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
5. Provide a revised Lighting Plan showing streetlights located at the following locations:
o Lot 45, Block 2, where the pedestrian pathway intersects West Rosti Farm Street (Future
Floating Feather Road).
o Lot 44, Block 9, where the pedestrian pathway intersects West Rosti Farm Street (Future
Floating Feather Road).
o Lot 21, Block 3, where the irrigation gravel access road and pedestrian pathway intersect
North Hamlin Avenue.
The revised Lighting Plan shall be submitted prior to submittal of a Design Review Application.
8. The applicant shall be required to comply with the Parks,Pathways,and Recreation Commission's
Pathway Recommendation,dated April 20,2021,prior to the City Clerk signing the final plat.
9. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands, and all common areas throughout the subdivision, 3)building elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house, 5)useable amenities such as picnic tables,covered
shelters, benches, gazebos, and/or similar amenities,and 6)proposed style of fencing. The design
review application shall be reviewed and approved by the Eagle Design Review Board and Eagle
City Council prior to the submittal of final development plan and final plat applications.
10. 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
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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.
11. All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas or private lots
(unless approved for removal by the City Council) shall be provided prior to the submittal of a
final plat. Construction fencing shall be installed to protect all trees that are to be preserved,prior
to the commencement of any construction on the site.
13. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat.
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-6(B)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance
its appearance. These treatments may include brick or masonry wainscot treatments along
exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented toward the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped,designed,
and situated,to eliminate the stark utilitarian look intended to be prevented by this
subsection.
• Eagle City Code Section 8-2A-6(B)(3): Fences:
a. Block(with columns),which may include brick,rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
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e. Dog ear cedar, fir,chain link,barbwire, razor wire,and similar high maintenance and/or
unsightly fencing is prohibited.However,powder coated chain link fencing may be permitted
for use on school sites.
• 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
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.
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•
• Eagle City Code Section 8-2A-7(J)(4): 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
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
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 a 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 8-4-4-2: Additional Design and Maintenance Regulations and
Requirements:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet(20')for parking lots with less than two hundred(200)spaces;
b. Twenty five feet(25')for parking lots with more than two hundred(200)spaces but less
than five hundred(500)spaces;
c. Thirty feet(30')for parking lots with more than five hundred(500)spaces;
d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty(250)
watt maximum high pressure sodium lights, 3000K maximum LED lights(or approved
equivalent)shall be the only type of site and building lighting permitted.
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E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Arvory
Crest Subdivision, a 249-lot (231-buildable, 18-common) residential planned unit development.
The common area consists of street trees, pathways, a dog park,two pickleball courts, a tot lot, a
pool and pool house,and buffer areas along State Highway 16,West Floating Feather Road,North
Hamlin Avenue, and West Rosti Farms Street(future Floating Feather Road).
• The pool house building elevations include metal panel siding on all four elevations. Pursuant to
Eagle City Code Section 8-2A-6(b)(1)(k),metal siding is prohibited on any portion of any
building facing a road.A waiver of this subsection B 1K may be allowed where the applicant
shows the metal is architecturally compatible with surrounding buildings,architecturally
compatible with other nonmetal buildings in the city,and is attractively landscaped, designed,and
situated,to eliminate the stark utilitarian look intended to be prevented by this subsection. Staff
defers comment regarding the metal siding to the Design Review Board.
• The landscape plan shows two pickleball courts proposed within common lots with chain link
fencing around each of them.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 courts that complies with Eagle City Code.The revised
landscape plan should be reviewed and approved by staff prior to approval of a final plat
application.
• The applicant is proposing to remove 38-Juniper trees from the site, totaling 760-feet of height.
The applicant is proposing to plant an additional 126-Skyrocket Junipers (819-feet of height) to
mitigation for the Juniper trees. If the Design Review Board approves the removal of the Juniper
trees and proposed tree mitigation, no additional mitigation is required. Staff defers comment
regarding the tree removal to the Design Review Board.
• The landscape plan shows 219 shrubs along the east side of North Hamlin Avenue and 240 shrubs
are required. Pursuant to Eagle City Code Section 8-2A-7(J)(4), 24 shrubs are required per 100-
linear feet of front. The applicant should be required to provide a revised landscape plan showing
the addition of 21 shrubs along the east side of North Hamlin Avenue. The revised landscape plan
should be reviewed and approved by staff prior to approval of a final plat application.
• The lighting cutsheet for the "Standard Shoe Box Style" light shows the LED lighting to be 4000
Kelvin. Pursuant to Eagle City Code Section 8-4-4-2,LED lighting is permitted to be a maximum
of 3000 Kelvin. The applicant should be required to provide a revised cutsheet for the "Standard
Shoe Box Style"light showing the LED lighting a maximum of 3000 Kelvin. The revised cutsheet
should be reviewed and approved by staff prior to approval of a fmal plat application.
• Staff defers comment regarding the 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 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 November 4,2021,
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.
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BOARD DELIBERATION: (Granicus time 1:05:17)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscape plan with the addition of site specific
condition no. 16 to address the variety of trees located throughout the berms and along West Rosti Farm
Street and North Hamlin Avenue.
• The Board is in favor of the proposed tree mitigation the applicant has submitted.
• The Board is in favor of the metal siding accent proposed on the pool house.
BOARD DECISION:
The Board voted 3 to 0(Duperault, Germano,Grubb, and Mihan absent)to recommend approval of DR-
43-21 for a design review application for the common area landscaping within Arvory Crest Subdivision
for FS One,LLC,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 December 9,
2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on December 14,2021,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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-43-21 for a design review application for the common area
landscaping within Arvory Crest Subdivision for FS One,LLC,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 CU-02-21/PPUD-02-21/PP-04-21.
2. The 6-foot tall, black powdered coated chainlink fencing shown around the two pickleball courts as
shown on the landscape plan, date stamped by the City on October 27, 2021, is approved.
3. Provide a revised landscape plan showing the addition of 21 shrubs along the east side of North Hamlin
Avenue.The revised landscape plan shall be reviewed and approved by staff prior to approval of a final
plat application.
4. Provide a revised cutsheet for the "Standard Shoe Box Style" light showing the LED lighting a
maximum of 3000 Kelvin. The revised cutsheet shall be reviewed and approved by staff prior to
approval of a final plat application.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
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submittal.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. The metal siding accent shown on the pool house building elevations, date stamped by the City on
October 27,2021, is approved.
13. Provide a detail of the gate access into the dog park and any amenities (i.e. benches, etc.) within the
dog park. The details and amenities shall be reviewed and approved by staff and one member of the
Design Review Board prior to approval of a final plat application.
14. Provide a revised landscape plan showing the hardscape and landscaping proposed around the mailbox
clusters and access to the mailbox clusters.The revised landscape plan shall be reviewed and approved
by staff and one member of the Design Review Board prior to approval of a final plat application.
15. Provide a detailed lighting cutsheet showing the style, color, height, location, illumination type,
wattage, etc. of the lighting proposed around the pickleball court(located west of the pool area). The
detailed lighting cutsheet shall be reviewed and approved by staff prior to approval of a final plat
application.
16. Provide a revised landscape plan showing the tree specie along the roadways and along the berm to
have a greater variety(flowering, autumn leaf,etc.). The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to approval of a final plat
application.
17. The proposed tree removal and tree mitigation as shown on the landscape plan, date stamped by the
City on October 27,2021, 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
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
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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.
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
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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 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/
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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-43-21) 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 the common area landscaping is permitted with the approval of a design
review application within the R-2-DA(Residential with a development agreement)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 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;
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;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
landscaping, pergola, and mailbox clusters have been designed with quality materials and similar
features that will be utilized on the residential homes within the development;
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F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
consideration;
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 residential area; and
I. No signs are proposed with this application. A separate design review application(DR-44-21) for
the subdivision entry feature and seven subdivision entry monument signs was submitted,the signs
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 14th day of December 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
son ierce,Mayor
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