Findings - DR - 2022 - DR-50-21 MOD - Kingfisher Cove Townhomes Subdivision - Common Area Structures Within Kingfisher Cove Townhomes Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA STRUCTURES WITHIN KINGFISHER )
COVE TOWNHOMES SUBDIVISION FOR )
DON NEWELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-50-21 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 14, 2022. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Don Newell, represented by Doug Russell with The Land Group, Inc., is requesting design review
approval for the common area structures (mailbox, pool equipment, pool restroom, and pool pavilion
structures) 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 March 10, 2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 14, 2022, 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).
On January 25, 2022, the City Council approved a design review application for the common area
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landscaping within Kingfisher Cove Townhomes Subdivision(DR-50-21).
E. COMPANION APPLICATIONS: DR-50-21 MOD2 (townhome buildings).
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:
Mailbox Structure— 12' 8"tall. 12-square feet
Roof. Architectural shingle(Black)
Walls: Cultured stone (Silver Shore), wood/hardi(SW6200 Link Gray)
Windows/Doors: N/A
Trim/Fascia: Wood/hardi (SW6200 Link Gray, SW7674 Peppercorn)
Pool Equipment Building— 16' 11"tall, 136-square feet
Roof. Architectural shingle(Black),metal (Dark Bronze)
Walls: Cultured stone(Silver Shore), wood/hardi(SW6200 Link Gray)
Windows/Doors: Vinyl/fiberglass(SW7674 Peppercorn)
Trim/Fascia: Wood/hardi (SW6200 Link Gray, SW7674 Peppercorn, Honey)
Pool Restroom Buildin — 16' 11"tall 160-s uare feet
Roof. Architectural shingle(Black),metal (Dark Bronze)
Walls: Cultured stone (Silver Shore), wood/hardi(SW6200 Link Gray)
Windows/Doors: Vinyl/fiberglass(SW7674 Peppercorn)
Trim/Fascia: Wood/hardi(SW6200 Link Gray, SW7674 Peppercorn)
Pool Pavilion Structure— 18' 11"tall
Roof. Architectural shingle(Black)
Walls: Cultured stone (Silver Shore), wood posts(Honey)
Windows/Doors:N/A
Trim/Fascia: Wood/hardi(SW7674 Peppercorn)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The removal of seven Black Locust trees was
approved with the common area landscaping design review application(DR-50-21).
Tree Replacement Calculations: N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees approved with the common area landscaping design review application(DR-
50-21).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
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N. TRASH ENCLOSURES: N/A
O. MECHANICAL UNITS: The mechanical units will be located within the pool equipment building.
P. OUTDOOR LIGHTING:
The building elevations show building wall lighting, however, no detailed lighting cutsheets showing
the style, color, illumination type, wattage, etc. has been received. The applicant will be required to
provide detailed lighting cutsheets for the building wall lighting that will 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—yes—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.
Eagle Fire Department
Eagle Park, Pathway, and Recreation
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.
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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 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:
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.
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.
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B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.6 The Setbacks shall be as follows:
Front 10-feet
Rear(adjacent to alley) 5-feet(maximum)
Interior Side(common walls) 0-feet
Exterior Side 5-feet
3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation
distance between an electrical transformer and structure.
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.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None.
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)(2): Roofs:
a. Wood shakes/shingles: premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitious, clay;
d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
f. Flat roof specification: single ply, built up(both nonreflective).
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• Eagle City Code Section 8-2A-10: Application Requirements:
Prior to application for a permit to erect, construct, alter, move,remodel, reface or repaint or
otherwise change the use of the building or structure in the Design Review Overlay District,the
applicant must file an application,upon a form prescribed by the Council, with the Zoning
Administrator. All application materials supplied or presented to the City including presentation
boards, materials boards and documentation are part of the public record and shall become the
property of the City. The applicant may be required to supply the City with colored photos of the
presentation boards if determined by the Zoning Administrator. The size of the photos shall be
determined by the Zoning Administrator and the boards may be returned to the applicant if the
photos are provided to the City.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away
from the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be
recessed or shielded to direct all light downward and the source of the light(including the
lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a
person of average height standing on the property line of any public right of way, or any
private street, or on the 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.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (320)watts.
b. The light fixture shall be no higher than seventeen feet(IT).
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(1) The lighting shall be harmonious with and in accordance with the general objectives,
or with any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture(as identified in the EASD
book) shall not be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all
lighting, including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
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E. DISCUSSION:
• On January 25, 2022,the City Council approved a design review application for the common area
landscaping within Kingfisher Cove Townhomes Subdivision. The common area structures were
not a part of that approval.The applicant is requesting design review approval for the common area
structures within Kingfisher Cove Townhomes Subdivision. The common area structures include
a covered mailbox structure,pool equipment building,pool bathroom building,and a pool pavilion.
The applicant's justification letter states that the buildings and structures have been designed with
the Craftsman style of architecture which would best suit the surrounding residential areas.
Craftsman style elements proposed include horizontal emphasis overall,gable roof structures,wide
overhanding eaves porches, wood beam accents, stone bases on columns, low/moderate pitched
roof designs,etc. Staff defers comment regarding the common area structures to the Design Review
Board.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(13)(2)(d)&(e), the proposed building should be
designed to 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, and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The pool equipment and pool bathroom building elevations include metal roof accents. Pursuant to
Eagle City Code Section 8-2A-6(B)(2), metal roofing is required to have concealed fasteners. The
applicant should be required to provide revised building elevations for the pool equipment and pool
bathroom buildings showing the metal roofing to have concealed fasteners. The revised building
elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• The building elevations show building wall lighting; however, detailed lighting cutsheets showing
the style, color, illumination type,wattage, etc. was not received. The applicant should be required
to provide detailed lighting cutsheets for all building wall lighting showing the style, color,
illumination type, wattage, etc. The detailed lighting cutsheets should be reviewed and approved
by staff prior to issuance of a zoning certificate.
• The building elevations provided by the applicant are not stamped by a licensed architect.Pursuant
to Eagle City Code Section 8-2A-10,commercial plans are required to be prepared by or under the
responsible control of a licensed architect and duly stamped to clearly identify the preparer. The
applicant should be required to provide revised building elevations that are stamped by a licensed
architect. The building elevations should be reviewed and approved by staff prior to the issuance
of a zoning certificate.
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 April 14,2022, 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:
Upon completion of the applicant's and staff s presentations,the Board discussed during deliberation that:
• The Board is in favor of the design, materials, and colors of the common area structures.
• The Board asked for clarification on the lighting around the pool and hours of operation for the pool.
• The Board has concerns regarding accessing the pool area from a private alley and not a sidewalk. A
condition was not added since the common area landscaping was approved with a previous application.
BOARD DECISION:
The Board voted 5 to 0(Duperault and Grubb absent)to recommend approval of DR-50-21 MOD for a
design review application for the common area structures within Kingfisher Cove Townhomes
Subdivision for Don Newell, with the following staff recommended site specific conditions of approval
and standard conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-06-14 MOD/RZ-14-20, PP-07-20, and DR-50-21.
2. Provide revised building elevations for the pool equipment and pool bathroom buildings showing the
metal roofing to have concealed fasteners. The revised building elevations shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
3. Provide detailed lighting cutsheets for all building wall lighting showing the style, color, illumination
type, wattage, etc. The detailed lighting cutsheets shall be reviewed and approved by staff prior to
issuance of a zoning certificate.
4. Provide revised building elevations that are stamped by a licensed architect. The building elevations
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
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
submittal.
9. No rooftop 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. Provide a lighting plan for all lighting around the pool area and on the common area structures.Provide
the pool hours of operation as it relates to the lighting around the pool area.The lighting plan and hours
of operation shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoniniz certificate.
13. Provide a revised site plan showing the fence around the pool area not encompassing the mailbox
structure. The revised site plan shall be reviewed and approved b, staff to the issuance of zoning
certificate.
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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
pen-nits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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9. Encroachments including, but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools,etc.). Flow rates
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
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river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking, and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
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.
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CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-50-21 MOD)with regard to the Eagle City Code Title 8,Chapter 2,Article A,DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and common area structures are 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 structures are 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 since the pool area has a parking lot with 10-parking
spaces;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the common
area structures are designed to complement the townhome buildings and general vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the common area structures do not exceed 35-feet;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the pool area has a
parking lot with 10-parking spaces and there are walkways adjacent to it;
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
1. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 28"day of April 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
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Rob rubb, Chairman
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Tracy E. ,`Eagle City Cler�
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