Findings - CC - 2022 - DR-26-22 - Common Area Landscaping Within Terra View Subdivision, Including A Clubhouse And Pool BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN TERRA VIEW )
SUBDIVISION,INCLUDING A CLUBHOUSE )
AND POOL FOR TERRA VIEW )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-26-22
The above-entitled design review application came before the Eagle City Council for their action on June
14, 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:
Terra View,represented by Jaime Snyder with T-O Engineers, is requesting design review approval for
the common area landscaping within Terra View Subdivision, including a 3,378-square foot club house
and pool. The 331.9-acre site is located on the northeast corner of West Beacon Light and State
Highway 16 at 8040 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 24,2022. Supplemental information
(revised fence plan, clubhouse elevations, metal roofing information, mailbox cluster locations) was
received on May 3,2022 and May 4, 2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 31, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 9, 2009, the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement in lieu of
a PUD)for the Terra View development for SB/CH Land Company(Flack/Carlock),LLC.At that time
the Council instructed staff to work with the applicant to address the concerns of the Council regarding
transitioning of lots adjacent to the eastern boundary prior to approving the development agreement for
the project(A-16-07/RZ-23-07).
On January 9, 2009, the City Council approved the development agreement associated with the Terra
View development for SB/CH Land Company(Flack/Carlock), LLC.
On January 10,2012,the City Council approved a modification to the development agreement to extend
the time for submittal of a preliminary plat application and to correct a typographical error contained
within a condition of development(RZ-23-07 MOD).
On February 4, 2015, an extension of time to submit a preliminary plat was approved pursuant to
Condition of Development 3.2 of the executed development agreement(Instrument#109021224). The
extension of time was approved to be valid until February 25, 2017(RZ-23-07).
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On March 14,2017,the City Council approved a development agreement modification regarding the
timing of submittal of a preliminary plat application(RZ-23-07 MOD2).
On January 25, 2022, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County designation)to MU-DA (Mixed Use with a development agreement [in lieu
of a PUD] for approximately 44-acres, a development agreement modification, and preliminary plat
approvals for Terra View Subdivision, a 460-lot (396-single family residential, 4-commercial [may
allow up to 192-multi-family residential units], 60 common)mixed use subdivision (A-02-21/RZ-02-
21/RZ-23-07 MOD3/PP-03-21).
On January 25, 2022, the City Council approved a design review application for one office (business
and professional)budling and three storage buildings within Terra View Subdivision(DR-34-21).
On March 22, 2022, the City Council approved a design review application for the Terra View Park
and trailhead parking(DR-52-21).
E. COMPANION APPLICATIONS: DR-27-22 (Entry Feature and Signage).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Village/Community RUT(Residential—Ada County Agriculture
Center, Compact designation)and MU-DA(Mixed
Residential, and Large Use with a development
Lot Residential agreement [in lieu of a PUD])
Proposed No Change MU-DA(Mixed Use with Mixed use development
Development Agreement [in lieu including commercial,
of a PUD)Area currently zoned retail, single-family,
RUT(Rural-Urban Transition— multi-family residential.
Ada County designation)
North of site Large Lot Residential RUT(Residential—Ada County Two(2) single-family
and Agriculture/Rural designation)and A-R-DA residences and vacant
(Agricultural-Residential with a property
development agreement)
South of site Village/Community RUT(Residential—Ada County Single-family dwelling,
Center designation), MU-DA(Mixed agriculture,vacant
Use with a development parcel, and proposed
agreement),and C-1-DA Treasure Valley Chevron
(Neighborhood Business with a
development agreement)
East of site Village/Community RUT(Residential—Ada County Four(4) single-family
Center, Compact designation) residential homes and
Residential, and Large agriculture
Lot Residential
West of site Mixed Use, Large Lot RUT(Residential—Ada County Three(3)single-family
Residential, and designation), MU-DA(Mixed residences and golf
Estate Residential Use with a development course
(City of Star) agreement [in lieu of a PUD])
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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 and is used for agricultural purposes.
J. SITE DATA:
Total Acreage of Site—330.8-acres
Total Number of Lots—460
Residential—396
Commercial—4
Industrial—0
Common—60
Total Number of Units-
Single-family—396
Duplex—0
Multi-family— 192(possibly within a commercial lot)
Total Acreage of Any Out-Parcels-0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.09-dwelling units per acre Up to 2.09-dwelling units
per acre maximum(as
limited within the
development agreement)
Minimum Lot Size 8,160-square feet 5,000-square feet
Minimum Lot Width 65-feet 50-feet
Minimum Street Frontage 0-feet 35-feet
Total Acreage of Common Area 89.1-acres 54.2-acres(minimum)
Open Space
Percent of Site as Common Area 32.8% 20%
Open 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.
K. PARKING ANALYSIS: 22-parking spaces have been proposed at the club house and pool area.
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat and development plan,date stamped by the City on June 4,2021,shows the portion
of the common lot located adjacent to North Palmer Way to be a minimum of 52-feet in width. The
typical street section for North Palmer Lane shows a maximum 8-foot-high berm located within the
common lot. The typical street section for West Riojo Drive, North Terra View Way, and North
Archwood Way shows a 52.5-feet wide buffer with a maximum 9-foot-high berm located on the
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residential side of collector.
Open Space:
A total of 89.1-acres (32.8%)of open space is proposed within the residential area of the subdivision.
The common area open space is inclusive of an 11-acre public park, an 8.2-acre equestrian and
pedestrian trailhead, and an approximately 7-acre private park area which will contain a swimming
pool and pool house. The remaining common area open space areas will contain the buffer lots
associated with North Palmer Way, West Kingsway Drive, and North Archwood Way, pathways,
ponds, and beaches for the adjacent residential lots. Commercial Area:
The development will contain four(4)commercial lots consisting of approximately 60.6-acres in area.
Two(2)of the commercial lots will be utilized for uses allowed pursuant to the Village Area Planning
Area as defined by the comprehensive plan. A two (2) acre lot will be reserved for the City for the
City's use should it be needed.The remaining lot will be used as a developer office lot.The developer's
office lot will contain an office for lot sales and operation and maintenance of the development. The
lot will also contain enclosed storage buildings to store equipment utilized for fanning and irrigation
equipment so they may continue to farm the undeveloped portion of the development. The storage
buildings will also be utilized to store equipment for the operation and maintenance of the subdivision.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide,except that
lesser easement widths,to coincide with respective setbacks,may be considered as part of the planned
unit development. The applicant provided a preliminary plat, date stamped by the City on June 4,
2021, which contains a plat note that reference the property lines located adjacent to the public streets
have a 12-foot-wide public utility, irrigation, sewer,and lot drainage easements. The preliminary plat
also contains separate plat notes referencing that the interior side lot lines have a 5-foot-wide public
utility, irrigation and lot drainage easements, and the rear lot lines have a 10-foot-wide public utility,
pressure irrigation,and lot drainage easements respectively.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department. The proposed
development is located within the City of Eagle Municipal Water Service Area.
On-site Septic System(yes or no)—No
Pressurized Irrigation:
The applicant provided a Preliminary Irrigation Report,date stamped by the City on July 7,2021,which
has been reviewed and recommended for approval by the City Engineer.
Preservation of Existing Natural Features:
There are a few mature trees and a pond area located in proximity to the northeast corner of the property.
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.
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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.
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a clubhouse, six mailbox
structures.Numerous trellis structures are proposed throughout the development.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-seven foot(27')high single-story structure for the
clubhouse,an approximately eleven foot(11')high single-story structure for the six mailbox structures.
Gross Floor Area of Proposed Buildings:
The proposed clubhouse is approximately 3,378-square feet, each of the six mailbox clusters are
approximately 46-feet.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: English Cottage and Craftsman
Roof: Metal(Black)
Walls: Stucco (Pussywillow), Board and Batt (Night Owl), Coronado Stone (Element
Ledgestone/Mount Vernon
Windows/Doors: Metal(Black)
Fascia/Trim: Tongue and groove soffit(Iron Ore)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along all streets within the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 5% is proposed.
O. TRASH ENCLOSURES:
Totes will be located within the storage room of the clubhouse and wheeled to the curb on trash days.
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units for the clubhouse. The ground
mounted mechanical units are proposed to be located on the west building elevation.
Q. OUTDOOR LIGHTING:
A site plan showing the streetlight location, height,and wattage were provided and comply with Eagle
City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-27-22)has been
submitted for the approval of subdivision entry monument signs.
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—yes—Zone"A", FIRM panel#16001 C0130J, effective date 06/19/2020
Mature Trees—yes—Located in proximity to the northeast corner of the development
Riparian Vegetation—yes—located around the pond at the northeast corner of the property
Steep Slopes—yes—adjacent to the Farmer's Union Canal along the north property line
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—unknown
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 Sewer District
Y. LETTERS FROM THE PUBLIC:None received to date.
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;
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c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
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 AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map(Western Area Plan adopted 02-10-15)designates this site as:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods, services and
employment for areas that are removed from downtown Eagle. Uses and residential densities vary
based on location. See the planning area text for a complete description of site specific uses.
Compact Residential
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Large Lot Residential
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.
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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6.6 Village Planning Area
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus,hospitality,and office uses. Non-residential uses will be focused in the
Village Center.
1. Village Center: The Village Center is generally located along the north and south sides
of Beacon Light Road,extending from State Highway 16 East to Hartley Lane,as shown
on the Future Land Use Map (Map 6.1). All Non-residential uses will be focused in the
Village Center. This area is comprised of three key components:
a. A research/development park, educational campus, and/or corporate park area
designed to provide sufficient space for corporate headquarters in a park-like setting
with ancillary commercial uses located in the Village Center;and
b. The village center should include supporting office, retail commercial, hospitality,
and civic uses that will benefit and support the non-residential uses, as well as the
larger residential area;
c. Office and restaurant uses with drive thrus are considered a supporting use to the
corporate and campus uses. Office and restaurant uses that are appropriately
designed and internally oriented to the larger development area may be considered
on a case by case basis. (See Figure 6.9)
d. Non-residential development in the northeast portion of the Village Center should be
designed and oriented to capitalize on the needs of users of the future 22-acre Terra
View Park.
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments,town homes,condominiums,patio
homes,bungalows and live/work units ranging in densities from 4 to 8 units per acre.
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential
designation, south of Beacon Light Road, should average 1-2 units per acre.
Residential area north of Beacon Light is Large Lot Residential with a Residential
Transition Overlay, transitioning (feathering and clustering) to the north and east
ensuring compatibility with existing residential and foothills development.
c. Lot sizing and compatibility will be paramount as residential development reaches
the existing 2 and 5-acre lots in the area east of Linder Road and north of Floating
Feather Road. Special care should be given to the feathering and clustering of
residential units as development reaches the foothills/ Farmers Union Canal. (See
Figure 6.10)
d. All non-residential use in the Village Planning area should be directed to the Village
Center or the commercial center at State Highway 16 and State Highway 44 (See
Moon Valley& State Planning Area Section 6.10).
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Figure 6.9: Village Center Concept Figure 6.10: Farmland Cluster
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Source: Rural by Design by Randall Ardent
6.6.2 VILLAGE PLANNING AREA ACCESS
A. The development Village Center Planning Area should include the construction of
north/south boulevards as entry roads into the area. These roads should include planted
medians, detached sidewalks, and traffic circles.
B. This area will also include the extension of Homer Road from Linder Road to the Village
Center. The intent of this roadway extension is to allow connectivity from the areas north
of Beacon Light Road into the Village Center while decreasing demand on Beacon Light
Road. Front-on housing should be discouraged on this roadway.
C. The Village Planning Area will be dependent upon the interconnectivity of local roads as
the area develops.
D. Access to the area from State Highway 16 should be limited to Beacon Light Road and, in
the short-term, Floating Feather Road.
E. Commercial and retail uses should be discouraged from fronting on State Highway 16.
Non-residential uses should be focused internally to the Village Center with residential
uses focusing on local/collector roads.
F. ITD should be discouraged from constructing frontage roads along the eastern side of State
Highway 16. Alternatively, development should install landscape berms along State
Highway 16 to continue a gateway feeling similar to Eagle Road.
G. A collector road should be constructed from the Village Center south to Floating Feather
Road and into the commercial development at the State Highway 44 and State Highway 16
intersection.
H. The design of the area should incorporate non-motorized pathways linking residential areas
to the Village Center, foothills, and the existing Eagle Downtown.
6.6.3 ISSUES OF CONCERN
A. The scaling and compatibility of uses will be of significant concern in this area. in order
for non-residential uses to locate in this area they will require the establishment and
development of residential uses prior to construction. The compact residential designation
should be developed to support the planned non-residential uses in the area. New residents
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should be made aware that the area is intended to have research/development park,
educational campus, and/or corporate park uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential uses
will be the first demand in the area the City needs to work with land owners and developers
to preserve sufficient land for the non-residential uses that will be needed to serve the area
at buildout. If development pressure is not held back,the City's vision for an employment
area will not be achieved.
C. Special care should be taken to ensure that employment uses are incorporated into the
Village Center. The Village Center designation is scaled for the inclusion of employment
uses. If the City allows the area to shift into a retail and/or commercial-only area the size
of the land use designation should be re-scaled.
D. Special care should be taken to ensure that non-residential uses area internally oriented to
the Village Center and that buildings and signage do not clutter the State Highway 16
corridor. If special care is not taken the vision of the City of Eagle for State Highway 16
to serve as an entry corridor will not be achieved.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 Owner shall develop the Property subject to the conditions and limitations set forth in this
Agreement. Owner shall also submit such applications regarding design review,preliminary and
final plat reviews, and/or any conditional use permits, if applicable, and any other applicable
applications as may be required by the Eagle City Code in effect as of the Effective Date of this
Agreement. An approved preliminary plat shall expire two(2)years following action by Eagle
City Council, or after any additional period of time as may be approved by Eagle City Council,
not to exceed an additional three (3)years, which approval shall not be unreasonably withheld.
A final plat application must be submitted to Eagle prior to the expiration of the applicable
preliminary plat. In the event that final plat applications in connection with portions of a
preliminary plat are submitted in an orderly and reasonable manner in intervals not to exceed one
(1) year following the recordation of the last final plat, such final plat applications shall be
considered for final approval without resubmission of the preliminary plat for approval. A final
plat shall be recorded in two (2) years following Eagle City Council action on the final plat;
provided however, Eagle City Council may approve the extension of such two (2)year period,
which approval shall not be unreasonably withheld, for a period of time not to exceed three (3)
years to facilitate the completion improvements required by the applicable sections of Eagle City
Code.
3.5 The conditions,covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
3.7 Land Uses.The Property shall consist of approximately 270.4 acres of single-family residential
use and approximately 60.6 acres of mixed-use in the Multi Use Area, as shown on Exhibit A,
that may include up to 12-acres of multi-family and/or single-family attached dwellings. The
residential area may include approximately 71.5 acres of common area, including a community
park with a swimming pool, significant lake and pond amenities. Approximately 2 acres in the
Multi Use Area shall be dedicated to the City of Eagle for its selected uses. An approximately
3.2-acre parcel located in the northeast corner of the Property with separate access off Hartley
Rd. shall be reserved for Terra View,LLC's office with parking and enclosed equipment garage
(the"Development Office Lot").
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3.7.2 The Property is located within the Village Planning Area pursuant to the 2017 Eagle is
Home Plan, Chapter 6.6. Owner agrees that all land uses to be utilized on the Property
shall be compatible with the Village Planning Area as identified in the Comprehensive
Plan emphasizing mixed-uses of residential and commercial development. Non-
residential use will be focused within the Village Center. Residential and non-residential
development shall emphasize pedestrian-friendly development.
3.7.4 Residential Development.
3.7.4.4 Owner shall provide a private community park approximately 2.2 acres in size
with a pool as conceptually depicted on the Concept Plan.
3.8 Internal collector streets shall be bounded by offset sidewalks and landscaped berms and may
utilize roundabouts when intersecting with other internal collector streets or local streets. The
intersection of North Palmer Way and West Beacon Light Road shall be subject to the
requirements of ACHD.
3.12 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property. Any such change shall be contingent upon approval by the applicable federal, state
and/or local agencies,and shall be in accordance with the applicable sections of Eagle City Code.
Owner agrees all development and improvement of the Property shall comply with all applicable
laws and regulations pertaining to regulated wetlands.
3.13 Owner shall provide an on-site, tree lined landscape strip along State Highway 16 and Beacon
Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within a landscaped
common lot. The width of the landscape strip in various locations, including street trees and
pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions
and as set forth as follows:
3.13.1 A seventy-five foot(75')wide common lot shall be provided adjacent to residential areas,
if any, along State Highway 16 and shall include a minimum ten foot (10') high,
maximum twelve foot (12') high, berm/wall combination with extensive landscape in
accordance with Eagle City Code Section 8-2A-7(J)(4)(c)to provide a buffer. All buffers
should be located within a common lot outside of the setback from centerline for right of
way dedication to the Idaho Transportation Department("ITD").
3.13.2 A fifty foot(50')wide common lot shall be provided adjacent to residential areas,if any,
along Beacon Light Road and shall include a minimum five foot (5') high, maximum
eight foot (8') high, berm/wall combination with extensive landscape landscaped in
accordance with Eagle City Code Section 8-2A-7(J)(4)(b)to provide a buffer.
3.13.3 The Property shall be designed to allow for a public roadway connecting this site to the
adjacent site to the east and to the adjacent site to the west. Approved access points are
subject to approval by ITD and ACHD, as applicable, and Owner must provide all
necessary approvals and/or license agreements.
3.14 Building placement shall be designed such that parking areas are not concentrated between the
buildings and roadways of a collector status or higher. Commercial/retail buildings, single-
family attached dwellings, multi-family residential dwellings, and common area amenities shall
be required to meet the design review requirements as set forth in the Eagle Architecture and Site
Design (EASD) Book. Eagle Design Review Board and Eagle City Council approval of the
detailed architectural plans is required prior to the issuance of building permits for
commercial/retail buildings, single-family attached dwellings, multi-family dwellings, common
area amenities,pumphouse for irrigation,and structures located within the Subdivision Common
Area(as shown on Exhibit A).
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All residential structures within the Property shall be constructed utilizing a variety of building
styles, including but not limited to Shingle,Modern Farmhouse,Lakehouse/Cottage,Craftsman,
European Country,Tuscan and Prairie style architecture as shown in Exhibit J.The single-family
homes shall be designed in compliance with the"Terra View Single-Family Residential Design
Standards" (Exhibit K). To assure compliance with this condition, Owner shall create an
architectural control committee ("ACC")as a component of Terra View's restrictive covenants
("CC&Rs") for the Residential Portion. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&Rs and shall be reviewed and reasonably
approved by the Eagle City attorney prior to the approval of the first final plat.
The submittal of the building permit application to Eagle for each building within the
development shall be accompanied by an approval letter from the ACC, building permit
applications that do not have an approval letter attached will not be accepted.
3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas
and commercial areas shall be provided consistent with the Parks, Pathway, and Recreation
Commission's Pathway Recommendation,dated March 19,2021,prior to the City Clerk signing
the final plat associated with the required improvement(s).
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
16. 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.
17. All living trees shall be preserved, unless otherwise determined by the Design Review Board and
the City Council.A detailed landscape plan showing how the trees will be integrated into the open
space areas or private lots(unless approved for removal by the City Council)shall be provided for
City Council final 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.
19. All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat. (ECC 9-4-1-8)
20. 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). The applicant shall be permitted to construct solid privacy
fencing along the property lines located adjacent to the trailhead common lot.
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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(E): Installation and Minimum Standards:
4. The minimum acceptable size for deciduous trees shall be two inch(2")caliper,balled and
burlapped.
5. The minimum acceptable size for evergreen trees shall be six feet(6')to seven feet(7')balled and
burlapped.
• Eagle City Code Section 8-2A-7(J)(4): Mayor Roadways:
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100) linear feet of right of way: four(4)
shade trees, five(5)evergreen trees, and twenty four(24) shrubs. Each required shade tree may
be substituted with two(2)flowering/ornamental trees,provided that not more than fifty percent
(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm,decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet(3')
horizontal distance to one foot(1')vertical distance. If a decorative block wall,cultured stone,
decorative rock, or similarly designed concrete wall is to be provided in combination with the
berm, a four foot(4')wide flat area shall be provided for the placement of the decorative wall.
Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall not be permitted.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Terra
View Subdivision, a 456-lot (396-single family residential and 60-common) subdivision. Street
trees are proposed along the lot frontages and along North Archwood Way, West Riojo Drive,and
North Palmer Way. One 3,378-square foot clubhouse and six 46-square foot mailbox clusters are
proposed within the common area of this development. The architectural style of the proposed
clubhouse is English Cottage and Craftsman style which is one of the approved architectural styles
within the EASD book.
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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 requesting an alternative method of compliance of the required buffer along the
internal collectors of this development to plant taller/larger plant materials and to provide
wider/taller berms along North Archwood Way and West Riojo Drive. All deciduous trees are
proposed to be an average of 2.5-inch caliper trees and the evergreen trees will be an average of 9-
feet in height. Eagle City Code Section 8-2A-7(J)(4)(a), requires a minimum 35-foot wide buffer
area planted with 4 shade trees, 5 evergreen trees,and 24 shrubs per 100 linear feet of right of way
on a 5-foot to 8-foot high berm. Pursuant to Eagle City Code 8-2A-7(J)(4)(a), 112 deciduous trees,
140 evergreen trees, and 672 shrubs are required to be planted within the 2,838-feet of frontage
along North Archwood Way and West Riojo Drive. The landscape plan shows a 55-foot wide
buffer and a 9-foot tall berm planted with 87 deciduous trees, 85 evergreen trees, and 540 shrubs
to be planted adjacent to North Archwood Way and West Riojo Drive. Sandstone walls with large
planter pots are also proposed along the frontage of both these streets.
The applicant is requesting an alternative method of compliance of the required buffer along North
Palmer Way to plant taller/larger plant material and to provide a wider/taller berm. As noted above,
the deciduous and evergreen plant material is taller and larger than what is required within Eagle
City Code. Eagle City Code Section 8-2A-7(J)(4)(a),requires a minimum 35-foot wide buffer area
planted with 4 shade trees, 5 evergreen trees,and 24 shrubs per 100 linear feet of right of way on a
5-foot to 8-foot high berm. Pursuant to Eagle City Code 8-2A-7(J)(4)(a), 24 deciduous trees, 30
evergreen trees and 144 shrubs are required to be planted within the 640-feet of frontage along
North Palmer Way. The landscape plan shows a 47-foot to 60-foot wide buffer and 8-foot tall berm
planted with 18 deciduous trees, 22 evergreen trees and 53 shrubs to be planted adjacent to North
Palmer Way. Sandstone walls with large planter pots are also proposed along the frontage of this
street.
Staff defers comment regarding the alternative method of compliance for reduced but larger/taller
plant material and the wider and taller berms along North Archwood Way, West Riojo Drive, and
North Palmer Way to the Design Review Board.
• The applicant is proposing decorative walls within the berms along North Archwood Way, West
Riojo Drive, and North Palmer Way. The applicant should be required to provide detailed plans
showing the general design, height, and materials to be used in the construction of the decorative
walls located within the berms along North Archwood Way, West Riojo Drive, and North Palmer
Way. The detailed plans should be reviewed and approved by staff and one member of the Design
Review Board prior to the submittal of a final plat application.
• On May 3, 2022, a revised fence exhibit was provided showing the appropriate fence style (i.e.:
solid or open) when located adjacent to open space. The applicant should be required to provide
revised landscape plans noting the correct fence style(i.e.: solid or open)when located adjacent to
open space. The revised landscape plan should be reviewed and approved by staff prior to the
submittal of a final plat application.
• There are power poles and overhead utilities located around the perimeter of the development along
West Beacon Light Road, Hartley Road, State Highway 16, and North Double S Lane. The
overhead utilities on these poles comes from the opposite side of the street. Pursuant to Eagle City
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Code 8-2A-6(A)(5), utility service systems shall not detract from building or site design. Cable,
electrical, and telephone service systems shall be installed underground. The applicant should be
required to provide a revised site plan that provides notes that all power poles located on site are to
be removed and all overhead utilities on site and coming from the opposite site of the street are to
be removed. The revised site plan should be reviewed and approved by staff prior to the submittal
of a final plat application.
• The landscape plans, date stamped by the City on March 24, 2022 and May 3, 2022, do not show
any landscape improvements along the frontage of West Beacon Light Road or State Highway 16,
with the exception of the main entrance to the development located 900-feet east of State Highway
16. The applicant should be required to provide a revised landscape plan showing the required
landscape buffer for commercial uses and the required street trees along both West Beacon Light
Road and State Highway 16. The revised landscape plan should be reviewed and approved by the
Design Review Board prior to the submittal of a final plat.
• The site plan G002,date stamped May 4,2022,shows the general location of the proposed mailbox
clusters. The applicant is waiting for approval of these locations from the United States Postal
Service (USPS). Once the applicant has received approval from the USPS, a revised landscape
plan showing how the mailbox clusters are to be incorporated into the landscaping should be
provided. The revised landscape plan should be reviewed and approved by staff and two members
of the Design Review Board prior to the 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 May 12, 2022, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the applicant's mailbox cluster structures with the addition of a trash receptacle
and lighting to be provided at each structure as noted in site specific condition of approval no. 14.
• The Board is in favor of the larger buffer areas, stone walls, and larger plant material along North
Archwood Way and West Riojo Drive.
• The Board is in favor of the applicant providing a larger open play area with fewer trees in the common
area located southeast of the clubhouse as noted in site specific condition of approval no. 18.
• The Board is in favor of not requiring the commercial buffer area and street trees to be installed along
West Beacon Light Road until the area of special flood hazard located in the easter portion of the site
has been piped under West Riojo Drive and West Beacon Light Road as noted in site specific condition
of approval no. 5.
• The Board is in favor of not requiring landscaping adjacent to State Highway 16, based on the Idaho
Transportation Department proposing a grade separated interchange at the intersection of State
Highway 16 and West Beacon Light Road in the future. The Board affirmed the 12-foot multi-use
pathway should continue from the main entrance,North Terra View Way,to the northeast corner of the
intersection of State Highway 16 and West Beacon Light Road as noted in site specific condition of
approval no. 5.
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BOARD DECISION:
The Board voted 5 to 0(Grubb and Sayer absent)to recommend approval of DR-26-22 for a design
review application for the common area landscaping within Terra View Subdivision, including a
clubhouse and pool, for Terra View,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 May
26, 2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 14,2022,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-26-22 for a design review application for the common area
landscaping within Terra View Subdivision for Terra View,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-02-21/RZ-02-21/RZ-23-07 MOD3/PP-03-21.
2. Provide detailed plans showing the general design, height, and materials to be used in the construction
of the decorative walls located within the berms along North Archwood Way, West Riojo Drive, and
North Palmer Way. The detailed plans shall be reviewed and approved by staff and one member of the
Design Review Board prior to the submittal of a final plat application.
3. Provide revised landscape plans noting the correct fence style(i.e.:solid or open)when located adjacent
to open space. The revised landscape plan shall be reviewed and approved by staff prior to the submittal
of a final plat application.
4. Provide a revised site plan that provides notes that all power poles located on site are to be removed
and all overhead utilities on site and coming from the opposite site of the street are to be removed. The
revised site plan shall be reviewed and approved by staff prior to the submittal of a final plat application.
5. Provide a revised landscape plan showing the required landscape buffer for commercial uses and the
required street trees along West Beacon Light Road between North Palmer Way and North Terra View
Way. The required landscape buffer and street trees adjacent to the commercial lots between North
Palmer Way and North Terra View Way shall be installed upon the signing of the final plat for the
fourth phase of the residential development or upon the signing of the first final plat for the commercial
plat, whichever comes first. The landscaping adjacent to West Beacon Light Road, between the
proposed landscaping at the entrance to this development (as depicted on the landscape plan date
stamped by the City on March 24,2022)and adjacent to State Highway 16, shall not be required at this
time. The applicant shall be required to provide a revised landscape plan showing the 12-foot wide
multi-use pathway,located adjacent to West Beacon Light Road,extending from West Terra View Way
to the intersection of State Highway 16 and West Beacon Light Road. The revised landscape plan shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat application.
6. Once the applicant has received approval from the USPS, a revised landscape plan showing how the
mailbox clusters are to be incorporated into the landscaping shall be provided. The revised landscape
plan shall be reviewed and approved by staff and two members of the Design Review Board prior to
the submittal of a final plat application.
7. Provide a revised landscape plan showing the contour lines for the berm adjacent to North Palmer Way
and showing the height of the berm is 8-feet. The revised landscape plan shall be reviewed and
approved by staff prior to the submittal of a final plat application.
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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. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application and none are approved.
14. Provide a revised landscape plan showing a trash receptacle and lighting to be located in close
proximately to each mailbox cluster or provide revised elevation plans of the mailbox cluster showing
lighting to be located on the structure. Submit detailed cutsheets showing the size,materials,and colors
of the trash receptacle and lighting details showing the style, wattage, luminaries, etc. The revised
plans and details shall be reviewed and approved by staff and one member of the Design Review Board
prior to the submittal of a final plat application.
15. Provide revised elevation plans showing the location and color of the downspouts proposed on the
clubhouse building. The revised elevation plans shall be reviewed and approved by staff and one
member of the Design Review Board prior to the submittal of a final plat application.
16. Provide additional information regarding the irrigation pump station (i.e.: structure style, colors,
materials,size,etc.). Provide a revised landscape plan showing how the structure will be screened with
landscaping. The irrigation pump station details and revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the submittal of a final plat
application.
17. Provide a revised landscape plan showing the location of the ground mounted mechanical units
proposed on the west building elevation of the clubhouse and how the ground mounted mechanical
units will be screened from view. The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to the submittal of a final plat application.
18. Provide a revised landscape plan showing more open lawn area in the open space located southeast of
the clubhouse. The revised landscape plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to the submittal of a final plat application.
19. The alternative method of compliance regarding the wider and taller berms and larger deciduous and
evergreen trees within the buffer areas along North Archwood Way and West Riojo Drive is approved.
The applicant shall be required to provide a revised landscape plan specifically identifying the tree
species and size to be planted within the buffer areas. The revised landscape plan shall be reviewed
and approved by staff and one member of the Design Review Board prior to the 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
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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)
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.
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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
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.
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-26-22) 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:
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A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the MU-DA(Mixed Use with 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 and will provide aesthetically pleasing landscaping to enhance the
character of the area;
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 clubhouse has a parking lot with 22-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 clubhouse,
trellis' and mailbox cluster structures are designed to complement the proposed residential
dwellings and development within the 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 applicant has
provided pathways within the development and provides connectivity to the adjacent sites;
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 since there
are walkways for the residence throughout the subdivision; 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 14th day of June 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
aso Pierce,Mayor
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