Findings - CC - 2022 - DR-50-21 - Common Area Landscaping Kingfisher Cove Townhomes Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN KINGFISHER )
COVE TOWNHOMES SUBDIVISION FOR )
DON NEWELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-50-21
The above-entitled design review application came before the Eagle City Council for their action on January
25, 2022. 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:
Don Newell, represented by Doug Russell with The Land Group, Inc., is requesting design review
approval for the common area landscaping within Kingfisher Cove Townhomes Subdivision. The
10.68-acre site is located on the northeast corner of West State Street and State Highway 44.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 2, 2021. Revised information
(site plan, landscape plan, lighting cut sheet, and color rendering)was received December 3,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 10, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 3, 2015, the City Council approved a rezone from A (Agricultural), A-R (Agricultural-
Residential) and R-2-DA-P (Residential with a Development Agreement—PUD)to MU-DA (Mixed
Use with a Development Agreement in lieu of a PUD, including a height exception)at 9.93-dwelling
units/acre and preliminary plat approval for Predico Eagle Pointe Subdivision (RZ-06-14 and PP-08-
14).
On August 15, 2015, the Design Review Board approved the common area landscaping, seven (7)
apartment buildings, caretaker's unit, and a clubhouse within Predico Eagle Pointe Subdivision (DR-
62-14).
On June 28, 2016, the City Council approved a preliminary plat extension of time for Predico Eagle
Pointe Subdivision to be valid until June 9,2017(EXT-06-16).
On June 21,2017,the Zoning Administrator approved a lot line adjustment for Michael Wright(LLA-
07-17).
On August 24,2021,the City Council approved a rezone from MU-DA(Mixed Use with a development
agreement)to R-p-DA(Residential with a development agreement[in lieu of a PUD],and preliminary
plat for Kingfisher Cove Townhomes,a 72-lot(63-buildable,9-common)residential Subdivision(RZ-
06-14 MOD/RZ-14-20&PP-07-20).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
•
Existing Mixed Use MU-DA(Mixed Use with Vacant property
development agreement[in
lieu of a PUD])
Proposed No Change No Change(3.3-acre area) Mixed use development
R-9-DA(Residential with a including commercial,
development agreement [in retail, and single-family
lieu of a PUD])(7.38-acre attached residential.
area)
North of site Neighborhood R-2-DA-P(Residential with a Countryside Estates
Residential development agreement— Subdivision and
PUD)and A(Agricultural) agriculture
South of site Industrial PS-DA(Public/Semipublic Eagle Sewer District
with a development headworks,ACHD Park
agreement) and Ride, and SH-44
East of site Neighborhood A(Agricultural) Agriculture
Residential
West of site Neighborhood R-2-DA-P(Residential with a Countryside Estates
Residential
development agreement— Subdivision
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site is undeveloped. There are existing trees along the south property line.
J. SITE DATA:
Total Acreage of Site— 10.68-acres(7.38-acres residential area)
Total Number of Lots—72(located within subdivision), 3-parcels
Residential-63
Commercial—3 (existing parcels, not a part of the preliminary plat
but subject to the development agreement modification)
Industrial—0
Common—9(inclusive of 7 access parcels)
Total Number of Units—63
Single-family attached—63
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—3.3-acres
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K. GENERAL SITE DESIGN FEATURES:
Pathway Areas and Landscape Screening:
The applicant is proposing two(2)landscape buffers to be located with Lot 1,Block 1.A 50-foot-wide
landscape buffer is proposed to be located adjacent to West State Street and a 75-foot-wide landscape
buffer is proposed to be located adjacent to SH-44. The applicant is also proposing a 14-foot-wide
emergency access/pathway along the southern property line. The pathway reduces to 10-feet in width
approximately 880-feet from the eastern property line.
Open Space:
The open space consists of one (1) common lot. The common lot will contain the required landscape
buffer areas,sidewalks which provide access to the residential units,and a swimming pool with parking
lot.
Commercial Area:
The preliminary plat/site rendering,date stamped by the City on June 11,2021, shows the commercial
area as a future phase. The commercial area consists of three (3) buildable parcels which will be
developed at a future date. The applicant will be required to submit a design review application to be
reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning
certificate.
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,date stamped by the City on May 12,2021,notes the following:
• All lot lines common to a public right-of-way and the subdivision exterior boundary have a 12-
foot-wide permanent public utility,drainage,and irrigation easement.
• The interior side yard lot lines will not have any easements unless required by a utility provider.
• A public utility, irrigation, and drainage easement will be provided along all rear lot lines equal to
the approved setback.
• The common lot (Lot 1, Block 1) will have a blanket public utilities, drainage, and irrigation
easement over the entire lot.
• The shared driveways(located within Lots 2, 15,25,26,37, 50,and 63,Block 1)providing access
to the single-family attached units will also have a blanket public utility, irrigation, and drainage
easement.
Fire Hydrants and Water Mains:
The preliminary plat shows three(3)fire hydrants located within the subdivision. The hydrants should
be installed and approved as required by the Eagle Fire Department. The proposed development is
located within the Suez Water Company water service area.
On-site Septic System—No
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Pressurized Irrigation:
The applicant submitted a Surface Water Pressurized Irrigation Waiver Request, date stamped by the
City on February 22,2021,based on the applicant not having access to the existing surface water rights
due to the lack of easements or piping to deliver the surface water. The applicant indicated within the
request they have acquired a permit from the Idaho Department of Water Resources to construct a well
to be utilized for the pressure irrigation system.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets)shall be preserved in the design of the subdivision.
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:
Address Columns
Cap: Precast Concrete
Column: Concrete
Address Numbers: 2"flush mounted nickel plated
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are seven existing trees on the site that
the applicant is proposing to remove.The trees are located along the Ballantyne Canal which is required
to be tile. 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 November 2, 2021.
Tree Caliper/ Condition Remove/ Replacement
Specie Height Retained Inches/Feet per ECC
Black 12" Healthy Remove TBD
Locust 18"(2)
(7) 24"(2)
30"
48"
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 0"
Tree Replacement Calculations:
The applicant is proposing to remove seven trees from the site.The applicant is not proposing mitigation
for the trees due to the specie type and requirement to tile the Ballantyne Canal. See discussion on page
11 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along East State Street and along the internal street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones:N/A
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
A landscape plan showing the location of streetlights has been received.Detailed lighting cutsheets for
the two types of streetlights have been received and comply with Eagle City Code Section 8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the construction of any signs on the site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company 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—ye
s s—located along the southern property line
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek—yes—Ballantyne 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.
Ballantyne Ditch Company
Eagle Fire Department
Eagle Park, Pathway,and Recreation
X. LETTERS FROM THE PUBLIC:None received to date.
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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;
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:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD and/or
Development Agreement process, see specific planning area text for a complete description.
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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 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the"Dark Sky"concept of lighting.
3.12 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the proposed and required landscape island and all common
areas throughout the development,3)landscape screening details and buffering for the residential
units adjacent to West State Street and State Highway 44, 4) elevation plans for all proposed
common area structures and irrigation pump house(if proposed), 5) landscape screening details
of the irrigation pump house(if proposed),and 6)useable amenities such as picnic tables,covered
shelters,benches,gazebos,and/or similar amenities(if proposed).The design review application
shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior
to the submittal of the first final plat.
3.13 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 (unless
approved for removal by the City Council)shall be provided prior to the submittal of a fmal 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.
3.14 Owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an access
easement as required by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing
the final plat.
3.15 Provide a license agreement from the respective transportation agency approving the landscaping
located within the public right-of-way prior to the City Clerk signing the final plat.
3.16 Owner shall construct a 10-foot wide concrete sidewalk along the frontage of State Highway 44
to tie into the sidewalk located at the northeast corner of West State Street and State Highway
44. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for the
first single-family attached dwelling units.
3.17 Owner shall construct the required buffer area located adjacent to State Highway 44 and West
State Street prior to the City Clerk signing the final plat.
C. 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. 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
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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. All living trees on any lot shall be preserved, unless otherwise determined by the Design Review
Board.A detailed landscape plan showing how the trees will be integrated into the open space areas
or private lots(unless approved for removal the Design Review Board)shall be provided for Design
Review Board approval prior to the submittal of a final plat.Construction fencing shall be installed
(pursuant to the Design Review Board's direction)to protect all trees that are to be preserved,prior
to the commencement of any construction on the site.
7. The applicant shall be required to landscape between the emergency/access pathway and the
southern property line. The landscaping shall be complete prior to the City Clerk signing the final
plat.
11. Provide a revised preliminary plat showing streetlights located on the north side of Street 2 at the
locations where the shared driveways and common lots containing sidewalks intersect the street.
The streetlight located at the terminus of the cul-de-sac shall be relocated to the south side of the
driveway providing access to the swimming pool. The revised preliminary plat shall be provided
prior to submittal of a final plat application.
17. All overhead utilities on the site shall 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(A)(5):
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,and Replacement of Trees:
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
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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.
• 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
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:
b. Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of fifty feet(50')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: five
(5)shade trees,eight(8)evergreen trees,three(3)flowering/ornamental 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
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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.
c. Any road designated as a principal arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of seventy five feet(75')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:
six(6)shade trees,ten(10)evergreen trees, four(4)flowering/ornamental 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 ten foot(10')high,maximum twelve foot(12')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 8-3-3(B): Fences:
2. New fencing located adjacent to any street identified as a collector or arterial on the master
street map typologies map in the Eagle comprehensive plan,and on the street side of all
corner lots, shall be an open fencing style such as wrought iron or other similar see through,
decorative,durable fencing material,except as otherwise may be permitted in subsection 8-
2A-7J of this title. Any wooden fence that existed prior to the effective date hereof,may be
rebuilt upon the fence's original footprint provided the fence has a picture frame appearance
as shown in the EASD book.
• 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 for the common area landscaping within
Kingfisher Cove Townhomes Subdivision, a 72-lot (63-buildable, 9-common) residential
Subdivision. The common areas consist of berms adjacent to State Highway 44 and West State
Street,pergola, restroom building, pool,and pathways throughout the development.
• The site plan shows seven existing Black Locust trees proposed to be removed. Due to the specie
type and tiling of the Ballantyne Canal being tiled,the applicant is not proposing to mitigation for
the trees. Staff defers comment regarding the tree removal to the Design Review Board.
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If the Design Review Board approves the removal of the trees and does not require mitigation, no
additional trees are required.
-OR-
If the Design Review Board approves the removal of the trees and does require mitigation, the
applicant should be required to provide a revised landscape plan showing an additional 174-caliper
inches of trees (87, 2-inch caliper trees) planted on site. The revised landscape plan should be
reviewed and approved by staff prior to submittal of a final plat application.
-OR-
If the Design Review Board approves the removal of the trees and does require mitigation, the
applicant may opt to pay an in lieu fee into the tree fund in the amount of$30,450.00(174-caliper
inches x$175-per caliper inch). The payment to the tree fund should be received by the City prior
to submittal of a final plat application.
• The site plan includes a note that states the"overhead electrical utility" is to be relocated by Idaho
Power. Pursuant to Eagle City Code Section 8-2A-6(A)(5), and preliminary plat site specific
condition of approval no. 17,all overhead power on the site is required to be removed and/or placed
underground.
O `
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I he applicant should be required to provide a revised site plan showing the overhead power and
utilities located along the south property line and running north to south through the site to be
located underground and poles removed, including the removal of the overhead utilities and pole
located on the northeast corner of West State Street and North Ballantyne Road. The revised site
plan should be reviewed and approved by staff prior to submittal of the final plat application.
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• Sheet L1.51 of the landscape plan shows a cross section for the berm adjacent to West State Street
that includes a 6-foot tall vinyl fence with 1-foot columns every 60-feet located on the back side of
the berm(not on top of the berm or on the rear property line of lots behind the berm).
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Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), a minimum 5' high to maximum 8' high
berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall,
or combination thereof is required. If a decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall is to be provided in combination with a berm, a 4' wide flat area
is required for the placement of the decorative wall.
Pursuant to Eagle City Code Section 9-3-10, fencing located on the property line between the
required roadway buffer area and the residential lot is permitted to be a solid wood picture frame
or premium vinyl picture frame fence. If the fence is visible from the adjacent roadway, then the
fence is required to include decorative columns spaced a maximum of 60-feet part.
Page 12 of 21
K.\Planning Dept\Eagle Applications\Dr\202 I\Kingfisher Cove Townhomes Sub LS DR-50-2I\DR-50-21 Kingfisher Cove Townhomes Sub LS ccfdocx
The applicant should be required to provide a revised landscape plan showing the fence along West
State Street located on the property line between the required roadway buffer area and the
residential lots to comply with ECC 9-3-10. The revised landscape plan should be reviewed and
approved by staff prior to submittal of a final plat application.
• Sheet L1.51 of the landscape plan shows a cross section for the berm adjacent to State Highway 44
with a 6-foot tall vinyl fence with 1-foot columns every 60-feet located on the back side of the berm
(not on top of the berm or on the rear property line of lots behind the berm).The fence is also being
utilized to obtain the required berm height of 10 to 12-feet.
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Page 13 of 21
K:\Planning Dept'Eagle Applications\Dr\2021\Kingfisher Cove Townhomes Sub LS DR-50-21\DR-50-21 Kingfisher Cove Townhomes Sub LS ccf.docx
Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c), a minimum 10' high to maximum 12' high
berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall,
or combination thereof is required. If a decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall is to be provided in combination with a berm, a 4' wide flat area
is required for the placement of the decorative wall.
Pursuant to Eagle City Code Section 9-3-10, fencing located on the property line between the
required roadway buffer area and the residential lot is permitted to be a solid wood picture frame
or premium vinyl picture frame fence. If the fence is visible from the adjacent roadway, then the
fence is required to include decorative columns spaced a maximum of 60-feet part.
The applicant should be required to provide a revised landscape plan showing the fence along State
Highway 44 located on the property line between the required roadway buffer area and the
residential lots and the berm height increased to a minimum of 10-feet high.The revised landscape
plan should be reviewed and approved by staff and one member of the Design Review Board prior
to submittal of a final plat application.
-OR-
Provide a revised landscape plan showing a berm/wall combination(totaling 10 to 12-feet in height)
with a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall
on top of the berm with a 4-foot flat area on top of the berm. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to submittal of
a final plat application.
• Sheet L1.51 of the landscape plan show a cross section for the area north of the drive aisle to the
pool area(along West State Street)that includes a 6-foot tall vinyl fence with 1-foot columns every
60-feet located on the back side of the 2.5-foot berm. The 6-foot tall vinyl fence with columns is
also proposed to the east and south of the pool area. Pursuant to Eagle City Code Section 8-3-3(B)
and Eagle City Code Section 9-3-10, open style fencing is required.
West State Street
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Page 14 of 21
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Fencing Plan
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The applicant should be required to provide a revised landscape plan showing the fencing located
north of the drive aisle to the pool area(along West State Street)and east and south of the pool area
to be open style fencing. The revised landscape plan should be reviewed and approved by staff
prior to submittal of the final plat application.
• Keynote no. 6 on the landscape plan states a canopy design (over the mailbox clusters) is to be
provided with architectural drawings,however,no elevations were received. The applicant should
be required to provide elevations for the canopy structure over the mailbox clusters showing the
design, materials, colors, etc. The elevations should be reviewed and approved by staff and one
member of the Design Review Board prior to submittal of a final plat application.
• Keynotes nos. 3, 15,and 16 on the landscape plan reference a pergola shade structure, pool
equipment enclosure, and restroom building.A color rendering was provided,however, building
elevations were not received. The applicant should be required to submit a design review
application for the pergola shade structure,pool equipment enclosure,and restroom building. The
design review application should be reviewed and approved by the Design Review Board and
City Council prior to submittal of a 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 December 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.
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BOARD DELIBERATION: (Granicus time 2:07:11)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed landscape plan with the staff recommended site specific
conditions and additional conditions added by the Board.
• The Board is in favor of the tree removal and does not recommend tree mitigation.
• The Board is in favor or not requiring the transmission line(along the south property line)to be buried.
• The Board recommends the common area structures and the townhome design review applications be
submitted together so they can review the styles together.
• The Board is concerned with the locations of future trash bins and guest parking.
BOARD DECISION:
The Board voted 5 to 0(Merrill absent,Duperault recused)to recommend approval of DR-50-21 for a
design review application for the common area landscaping within Kingfisher Cove Townhomes
Subdivision for Don Newell,with the following site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document,dated
January 13,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 25, 2022, 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-50-21 for a design review application for a common area
landscaping within Kingfisher Cove Townhomes Subdivision for Don Newell,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 RZ-06-14 MOD/RZ-14-20&PP-07-20.
2. The Design Review Board approves the removal of the trees and does not require mitigation,therefore,
no additional trees are required.
3. Provide a revised site plan showing the overhead power and utilities running north to south through the
site to be located underground and poles removed, including the removal of the overhead utilities and
pole located on the northeast corner of West State Street and North Ballantyne Road. The revised site
plan shall be reviewed and approved by staff prior to submittal of the final plat application.
4. Provide a revised landscape plan showing the fence along West State Street to be removed between the
required roadway buffer area and the residential lots or provide a 3-foot tall decorative block wall,
cultured stone, decorative rock,or similarly designed concrete wall shown on top of the berm with a 4-
foot flat area on top of the berm. The revised landscape plan shall be reviewed and approved by staff
prior to submittal of a final plat application.
5. Provide a revised landscape plan showing a berm/wall combination (totaling 10 to 12-feet in height)
with a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall on
top of the berm with a 4-foot flat area on top of the berm.The revised landscape plan shall be reviewed
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and approved by staff and one member of the Design Review Board prior to submittal of a final plat
application.
6. Provide a revised landscape plan showing the fencing located north of the drive aisle to the pool area
(along West State Street) and east and south of the pool area to be open style fencing. The revised
landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application.
7. Submit a design review applications for the canopy structure over the mailbox cluster, pergola shade
structure, pool equipment enclosure, restroom building, single-family family attached units, trash
removal plan, and guest parking locations in one submittal. The design review applications shall be
reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat
application.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. 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.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. No signs are proposed with this application and none are approved.
14. Provide a revised landscape plan showing the location of the well and how it will be screened with
landscaping.The revised landscape plan should be reviewed and approved by staff and one member of
the Design Review Board prior to submittal of a final plat application.
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.
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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.
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
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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 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
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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-50-21) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
OverlayDistrict, and based upon the informationprovided with the conditions required herein,
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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 for Kingfisher Cove Townhomes
Subdivision is permitted with the approval of a design review application within the MU-DA
(Mixed Use with a development agreement[in lieu of a PUD])zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
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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—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 25th day of January 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
on ierce,Mayor
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