Findings - CC - 2022 - DR-17-22 - Common Area Landscaping Within Carrara Estates Subdivision SCANN!
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN CARRARA )
ESTATES SUBDIVISION FOR CC CHASE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-17-22
The above-entitled design review application came before the Eagle City Council for their action on May
10, 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:
CC Chase, LLC, represented by Brian Garrett with Brian Garrett Architecture and Design, LLC, is
requesting design review approval for the common area landscaping, including a pool house (1,20 -
SF) for Carrara Estates Subdivision. The 66-acre site is located on the north side of West Floating
Feather Road approximately 2,190-feet west of North Eagle Road.
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 11, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 10, 2021, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-1-DA-P and R-3-DA-P (Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat
approvals for Carrara Estates Subdivision(A-03-21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21).
E. COMPANION APPLICATIONS: DR-18-22 (subdivision entry signage).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot Residential RUT(Rural-Urban Agricultural
with a Transition Transition—Ada
Overlay County designation)
Proposed No Change R-1-DA-P and R-3-DA- Single-Family Residential
P(Residential with a Planned Unit Development
development agreement
—PUD)
North of site Estate Residential R-E(Residential Single Family Residential
Estates) (Ranch Estates)
South of site Large Lot Residential R-1 (Residential) Single Family Residential
East of site Estate Residential RUT(Rural-Urban Single Family Residential
(northern Transition—Ada
portion) County designation)
East of site Large Lot Residential RUT(Rural-Urban Single Family Residence
(southern Transition—Ada with Agricultural Land
portion) County designation)
West of site Large Lot Residential R-3-DA-P(Residential Single Family Residential
(northern with a development Planned Unit Development
portion) agreement—PUD) (Corrente Bello Subdivision
No. 2)
West of site Public/Semi-Public PS (Public/Semipublic) Eagle Middle School
(southern
portion)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk
adjacent to West Floating Feather Road. The site is currently being utilized for agricultural.
J. SITE DATA:
Total Acreage of Site—66.00
Total Number of Lots— 103
Residential—85
Commercial—0
Industrial—0
Common— 18
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Total Number of Units—
Single-family—85
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.29-dwelling units per acre 1.29-dwelling units per
acre maximum(as
required by the
development agreement)
Minimum Lot Size* 37,854-square feet(R-1) 37,000-square feet(R-1)
13,800-square feet(R-3) 10,000-square feet(R-3)
Minimum Lot Width 196-feet(R-1) 75-feet(R-1)
90-feet(R-3) 75-feet(R-3)
Minimum Street Frontage 65-feet 35-feet
Total Acreage of Common Area Open 10.3-acres 9.54-acres
Space
Percent of Site as Common Area Open 21.59% 20%
Space** Except that,according to
ECC Section 9-3-8(C)
the City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an
offsetting increase in open space.
** Based on the area (47.71-acres) proposed to be zoned R-3-DA (Residential with a development
agreement)relative to the provided open space(10.3-acres).
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a pool house,two(2)pavilion
buildings,and one(1)mailbox structure.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately seventeen and one half foot (17 ''Y2') high single-story
structure for the pool house, an approximately fifteen and one half foot (15 'Y2') high single-story
structure for the pavilions, and an approximately ten foot (10') high single-story structure for the
mailbox.
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Gross Floor Area of Proposed Buildings:
The proposed pool house is approximately 1,205-square feet, each of the pavilions are approximately
360-feet.
On and Off-Site Circulation:
A 4,800-square foot (approximately) paved parking lot provides parking for vehicles using the pool
house and mailbox structure. One 24-foot wide shared driveway is located on the south property line
providing access to East Peak Bello Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Standing Seam metal(dark gray)
Walls: Pro-Fit Ledgestone(cultured stone), Board and Bat(dovetail)
Windows/Doors: Vinyl(black)
Fascia/Trim: Rough sawn cedar(stained)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are approximately 106 trees located on
this site. Most of the trees are located along the perimeter of the property. Pursuant to the arborist
report,the trees located on this site are Siberian Elms, Willows,Poplar,and Black Locust that have no
place in a developed subdivision.
Tree Specie Caliper/ Condition Remove/R Replacement
Height etained Inches/Feet per
ECC
Black Locust 3"-4" Poor condition Remove 52"
grove of 15
stems
Siberian Elm 3"-4" Poor condition Remove 17"
clump 5
stems
Siberian Elm 6" Poor condition Remove 6"
Siberian Elm 22" Poor condition/codominant leaders Remove 22"
Siberian Elm 38" Poor condition Remove 38"
6 stemmed
clump
Siberian Elm 21" Poo condition/codominant leader Remove 21"
Volunteer 8" Fair condition Remove 8"
Plum clump
Siberian Elm 24" Poor condition Remove 24"
Black Walnut 6" Poor condition/included bark near base Remove 6"
Siberian Elm 23" Poor condition/codominant leaders Remove 23"
Wild Plum 10' Poor condition Remove Not provided
thicket
Wild Plum 10' Poor condition Remove Not provided
thicket
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•
Peach 45" Fair condition/seldom lives past 75 years Remove 45"
Willow 7 (guess) and is reaching its life expectancy
stems
Peach 34' Fair condition/seldom lives past 75 years Remove Not provided
Willow 10 old and is reaching its life expectancy
stem clump
Black Locust 26" Poor condition/2 stems one behind the other Remove 26"
2 stems located in close proximity to tree located on
adjacent property
Peach Leaf 36" Poor condition Remove 36"
Willow 3
stem clump
White Poplar 1"-6" Poor condition/top of tree broke out of Remove 21"
grove 40 Parent tallest tree
stems
tree is
21"
Flowering 30' Good condition/cluster of Remove Not provided
Pear volunteers/multiple trunks/becoming a
nuisance growing under the power lines
Hybrid tree 3"- 6" Growing in the power line and against Remove 4"
another tree
Black Locust 1"-6" Poor condition/black locust borer/tops are Remove 48"
cluster at blown out of some of the trees
least 16
stems
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site —397"
Total caliper inches proposed for mitigation 0"
Tree Replacement Calculations:The applicant is not proposing to plant any additional trees to mitigate
for the approximately 397-caliper inches of trees being removed from this site. See discussion on page
10 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the development and along West Floating Feather
Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:N/A
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•
O. TRASH ENCLOSURES:
One(1) 136-square foot trash enclosure is proposed to be located at the north end of the parking lot of
the pool house. The enclosure is proposed to be constructed of CMU walls with cultured stone and
metal gates; all of which will match the materials and colors used in the construction of the building.
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units for the pool house. The ground
mounted mechanical unit is proposed to be located on the north side of the pool house and screened
with landscaping.
Q. OUTDOOR LIGHTING:
A landscape plan was provided identifying the locations and style of streetlights throughout the
subdivision. A detailed cutsheet showing the wattage and illumination type for the streetlights has been
provided and complies with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-18-22)has been
submitted for the approval of a subdivision entry monument sign at the entrance to this development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within City of Eagle Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils- unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Park,Pathway,and Recreation
Y. LETTERS FROM THE PUBLIC:None received to date.
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Z. 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:
Large Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential
and Agricultural/Rural designations.
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Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density,lot sizing,and building scaling with a specific parcel
or project. Base densities may be reduced or units may be clustered to increase open space within a
portion of a site when property is in this overlay. Neighborhood design will be paramount in this
overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application.Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision(or mitigated if approved for removal) prior to removal of the trees.No trees shall be
removed from the site prior to city approval of a tree removal and replacement plan.
3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by
the City Council upon recommendation by the Design Review Board. A detailed landscape plan
showing how the trees will be integrated into the open space areas (unless approved for removal
and mitigation) shall be provided for Design Review Board approval prior to the submittal of a
final plat application.
C. PRELIMINARY PLAT PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
5. Any fencing located adjacent to common area open spaces, on the street side of all corner lots,or
where they abut arterial streets 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).
15. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the
final plat the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion.
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,
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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-6(B)(2)Roofs:
e. Metal; standing seam,batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8-2A-7(C)Retention,Removal,and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2") caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Carrara
Estates Subdivision, a 103-lot (85-buildable, 18-common) residential planned unit development.
Street trees are proposed along the lot frontages and along the frontage of West Floating Feather
Road. One 1,205-square foot pool house, two 360-square foot pavilion structures, and a mailbox
structure are proposed within the common area of this development. The applicant's justification
letter describes the architectural style of the buildings as Craftsman with variable materials and a
symmetrical,rectangular facade with clapboard siding,stone and a protruding entry and rear porch.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(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 applicant is proposing to use metal roofing on the pool house facility,two pavilion structures,
and mailbox structure. Pursuant to Eagle City Code Section 8-2A-6(B)(2)(e), metal roofing is
required to have concealed fasteners. The applicant should be required to provide revised
elevations plans noting the metal roofing on all structures to have concealed fasteners. The revised
elevation plans should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
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• The applicant is proposing to remove approximately 106 trees from the site consisting of Siberian
Elms, Willows, Poplar, and Black Locust trees. As noted in the arborist report most of the trees
are in poor condition, clumps, multi-stemmed, growing under overhead power lines and are not
trees that have a place in a developed subdivision. Pursuant to Eagle City Code Section 8-2A-
7(C)(1)(a), existing trees are required to be retained on site unless removal is approved in writing
by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), unless it is determined by the
City that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal
of Black Locust, Silver Maple, and Cottonwood trees do not require replacement. Pursuant to
Eagle City Code Section 8-2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an
equivalent amount of caliper inches is required to be replanted and for each vertical foot of
coniferous tree removed, an equivalent amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the 40 trees to the Design Review Board.
If the City approves the removal of the trees and does not require mitigation,no additional trees are
required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 397-caliper inches of tree(199,
2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and approved
by staff prior to the submittal of a final plat application.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt to
pay an in lieu fee into the tree fund in the amount of$69,475.00(397-caliper inches x$175.00 per
caliper inch). The payment to the tree fund should be received by the City prior to the submittal of
a final plat application.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
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.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the common area landscaping and amenities as proposed.
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• The Board is in favor of no tree mitigation being required based on the specie, health,and locations of
the existing trees not being appropriate for a developed subdivision.
BOARD DECISION:
The Board voted 5 to 0(Grubb and Duperault absent)to recommend approval of DR-17-22 for a design
review application for the common area landscaping within Carrara Estates Subdivision for CC Chase,
LLC,with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document,dated April 28,2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on May 10,2022,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-17-22 for a design review application for the common area
landscaping within Carrara Estates Subdivision for CC Chase,LLC,with the following Design Review
Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-03-21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21.
2. Provide revised elevations plans noting the metal roofing on all structures to have concealed fasteners.
The revised elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
3. The City approves the removal of the trees and does not require mitigation, no additional trees are
required.
4. With the exception of the overhead utilities located along West Floating Feather Road, all overhead
utilities to the property shall be removed and located underground.
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. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide material and color samples of those proposed in the construction of the pool house, pavilion,
and mailbox structures. The material and color samples shall be reviewed and approved by staff and
one member of the Design Review Board prior to submittal of a final plat application.
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12. Provide a revised landscape plan showing the fall material to be placed at the base of the playground
structure. The revised landscape plan shall be reviewed and approved by staff prior to submittal of a
final plat application.
13. Provide revised building elevations that are stamped by a licensed architect. The revised building
elevations shall be reviewed and approved by staff 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.
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)
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has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including, but not limited to, landscaping,fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch, pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
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
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path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations, ordinances,
plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
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.
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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-17-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping and amenities are permitted with the approval of
a design review application within the R-1-DA-P and R-3-DA-P(Residential with a development
agreement-PUD)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping and buildings
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—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area;and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 10th day of May 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jas. ' :rce,Mayor
ATTEST: ,,•,•„a t,a
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Tracy E. O jfo , Eagle City ° •/ Q F 0
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