Findings - CC - 2022 - DR-29-22 - Common Area Landscaping, Pool House, Pool, And 23 Townhome Buildings [124-Units] Within Skyview Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING,POOL HOUSE,POOL, )
AND 23 TOWNHOME BUILDINGS [124-UNITS] )
WITHIN SKYVEIW SUBDIVISION FOR )
LENNAR HOMES OF IDAHO,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-29-22
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:
Lennar Homes of Idaho, LLC, represented by Dave Yorgason with Tall Timber Consulting, is
requesting design review approval for 23 townhome buildings(124-units), common area landscaping,
pool house, pool, and amenities within Skyview Subdivision. The 15.36-acre site is located on the
northwest corner of North Park Lane and State Highway 44 at 101 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 6,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 12,2022,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 16, 2015, the Director of Ada County Development Services approved a One Time Division
(OTD) for D. Keith and Ona L. Ricks Revocable Trust represented by Kristi Watkins with J-U-B
Engineers, Inc. (Project No.201500866 OTD)
On February 17, 2022, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition—Ada County designation)to R-9-DA (Residential with a development agreement [in lieu
of a PUD]) and MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), and
preliminary plat approvals for Skyview Subdivision(A-05-21/RZ-06-21/PP-08-21).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use — RUT(Rural-Urban Transition— Vacant
Ada County designation)
Proposed No Change R-9-DA(Residential with a Mixed Use Subdivision
development agreement [in lieu consisting of single-family
of a PUD])and MU-DA(Mixed attached dwellings and a
Use with Development commercial lot
Agreement [in Lieu of a PUD])
North of site Mixed Use MU-DA(Mixed Use with Single-Family Residential
Development Agreement [in Lieu (Springhouse Subdivision)
of a PUD])
South of site Mixed Use RI (Residential—Ada County Vacant Parcel(Proposed
designation) Route 44 Crossing
Subdivision),Convenience
store with fuel service,
State Highway 44
East of site Mixed Use MU-DA(Mixed Use with Single-Family Residential
Development Agreement [in Lieu Subdivision(Bellemeade
of a PUD]) Subdivision),Residential
Subdivision(Warrior Park
Subdivision),Convenience
store with fuel service
West of site Neighborhood R-2-DA(Residential with Single-Family Residential
Residential Development Agreement) Subdivision(Sedona Creek
Subdivision)
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 currently undeveloped and utilized for agriculture
uses.
J. SITE DATA:
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 8.14-units per acre 8.14-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 1,694-square feet 1,600-square feet
Minimum Lot Width 22-feet 20-feet
Minimum Lot Frontage 22-feet 20-feet
Total Acreage of Common Area 6.37-acres* 3.07-acres(minimum)
Percent of Site as Common Area 41.5% 20%(minimum)
*Not inclusive of planter strips.
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Building 1
(Lots 17-20,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(West) 10-feet 10-feet**
Rear Setback(East) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 2
(Lots 21-25,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(West) 10-feet 10-feet**
Rear Setback(East) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 3
(Lots 4-8,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(East) 25-feet 10-feet**
Rear Setback(West) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
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Building 4
(Lots 10-15,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(East) 25-feet 10-feet**
Rear Setback(West) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note: Setbacks measured per building.
Building 5
(Lots 2-6,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(West) 10-feet 10-feet**
Rear Setback(East) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 6
(Lots 7-11,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(East) 10-feet 10-feet**
Rear Setback(West) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
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Building 7
(Lots 12-16,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(West) 10-feet 10-feet**
•
Rear Setback(East) 5-feet 10-feet**
Side(North) 5-feet 5-feet(maximum)**
Side(South) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 8
(Lots 17-21,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(East) 10-feet 10-feet**
Rear Setback(West) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note: Setbacks measured per building.
Building 9
(Lots 40-45,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
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Building 10
(Lots 34-39,Block 2)
SITE DATA PROPOSED REQUIRED*
•
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note: Setbacks measured per building.
Building 11
(Lots 28-33,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 12
(Lots 22-27,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note: Setbacks measured per building.
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Building 13
(Lots 68-73,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note: Setbacks measured per building.
Building 14
(Lots 61-66,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 15
(Lots 54-59,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
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Building 16
(Lots 47-52,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 17
(Lots 27-29,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(West) 10-feet 10-feet**
Rear Setback(East) 5-feet 5-feet(maximum)**
Side(North) 5-feet 5-feet(minimum)**
Side(South) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 18
(Lots 31-36,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
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Building 19
(Lots 38-42,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21&PP-08-21.
**Note:Setbacks measured per building.
Building 20
(Lots 44-49,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 10-feet 10-feet**
Rear Setback(South) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 21
(Lots 61-66,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
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Building 22
(Lots 56-60,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note: Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Building 23
(Lots 51-55,Block 3)
SITE DATA PROPOSED REQUIRED*
Front Setback(South) 10-feet 10-feet**
Rear Setback(North) 5-feet 5-feet(maximum)**
Side(East) 5-feet 5-feet(minimum)**
Side(West) 5-feet 5-feet(minimum)**
*Note:Setbacks per RZ-06-21 &PP-08-21.
**Note:Setbacks measured per building.
Pool House
(Lot 1,Block 2)
SITE DATA PROPOSED REQUIRED*
Front Setback(North) 24-feet 20-feet
Rear Setback(South) 107-feet 15-feet(maximum)
Side(East) 32-feet 20-feet(minimum)
Side(West) 175-feet 5-feet(minimum)
*Note: Setbacks per RZ-06-21 &PP-08-21.
K. PARKING ANALYSIS: N/A
Gross Floor Area of Proposed Multi-Family Residential Units: 291,510-square feet
• Eagle City Code Section 8-4-5 requires the following parking for apartments or multi-family
dwellings: For each unit with 2 or more bedrooms - 2 including 1 covered and 0.25 spaces per unit
shall be provided for guest parking.
Number of Units: 124 units(all 3 or 4-bedroom units)
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Apartments or multi-family dwellings:
Three/Four Bedroom: 2/unit 124 x 2= 248-parking spaces
Guest Parking: .25/unit 124 x .25 = 31-parking Spaces
Proposed On-site Parking Spaces: 279(124-two car garages [248-parking spaces], 31-onstreet
guest parking spaces)
Required Parking Spaces: 279 (124-parking spaces are required to be covered parking, 31-guest
parking spaces) (calculated based upon the above use identified in Eagle City Code Section 8-4-5:
"Apartments or multi-family dwellings")
L. GENERAL SITE DESIGN FEATURES:
Pathway Areas and Landscape Screening:
The applicant is proposing two(2) landscape buffer areas to be located within Lot 1, Block 1, and Lot
2, Block 3. The buffer area located within Lot 1, Block 1, will consist of a landscaped area with
additional tree plantings to provide a buffer between the proposed subdivision and the Springhouse
Subdivision located to the north. The buffer area located within Lot 2, Block 3, will consist of a six-
foot berm with a four-foot fence and landscaping to provide a buffer from State Highway 44. The
applicant will be required to provide pathways as identified within the Parks,Pathways,and Recreation
Commission Pathway Recommendations, dated October 22,2021 (attached hereto).
Open Space:
The open space consists of two(2) large common lots and 12 smaller common lots. The two(2) large
common lots will contain the required buffer area located along State Highway 44, pressurized
irrigation pond,pumphouse, sidewalks, pathways,a swimming pool,pool house,and tot lot. Several of
the smaller common lots will contain pathways providing interconnectivity throughout the
development.
Commercial Area:
The preliminary plat, date stamped by the City on June 7, 2021, shows the commercial area is located
within one (1) lot (Lot 64, Block 3) approximately 2.96-acres in size. The applicant's narrative, date
stamped by the City on April 28, 2021, indicates the commercial buildings square footage will total
23,000-square feet and may contain a medical/dental office, shopping flex space, drive-in bank, and a
fast-food drive through restaurant.
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&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on June 7, 2021, notes the following:
All front lot lines, and all lot lines adjacent to a right-of-way boundary, have a 23-foot public utility,
drainage, irrigation,easement(measured from the right-of-way boundary). The plat note does not note
the width of the rear lot line easement and the side lot line easement is 0-feet.
Fire Hydrants and Water Mains:
The preliminary plat shows eight(8)fire hydrants located within the subdivision. The hydrants should
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be installed and approved as required by the Eagle Fire Department. The proposed development is
located within the Suez Water Company water service area.
On-site Septic System—Yes
The existing home is currently served with a septic system. The applicant will be required to demolish
the existing home and abandon the septic system.
Pressurized Irrigation:
The applicant provided a revised Irrigation Pond Storage report, date stamped by the City on June 1,
2021, which shows the pressurized irrigation system has sufficient water shares in conformance with
the Eagle Pressurized Irrigation Standards.
Preservation of Existing Natural Features:
The site contains existing mature trees along the Middleton Mill Canal and adjacent to the existing
house. Eagle City Code Sections 8-7-3-3 and 9-3-8 (B) states that existing natural features which add
value to residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
Number and Uses of Proposed Buildings:
The applicant is proposing to construct twenty three (23) townhome buildings totaling 124-units and
one pool house building.
Height and Number of Stories of Proposed Buildings:
Building 1 =28' 9"(2-story,4-units)
Building 2=28' 9"(2-story, 5-units)
Building 3 =28' 9"(2-story, 5-units)
Building 4=28' 9"(2-story, 6-units)
Building 5 =28' 9"(2-story, 5-units)
Building 6=28' 9"(2-story, 5-units)
Building 7=28' 9"(2-story, 5-units)
Building 8=28' 9"(2-story, 5-units)
Building 9=28' 9"(2-story, 6-units)
Building 10=28' 9"(2-story, 6-units)
Building 11 =28' 9"(2-story, 6-units)
Building 12=28' 9"(2-storey, 6-units)
Building 13 =28' 9"(2-storey, 6-units)
Building 14=28' 9"(2-story, 6-units)
Building 15 =28' 9"(2-storey, 6-units)
Building 16=28' 9"(2-storey, 6-units)
Building 17 =28' 9"(2-storey, 3-units)
Building 18=28' 9"(2-storey, 6-units)
Building 19=28' 9"(2-story, 5-units)
Building 20=28' 9"(2-storey, 6-units)
Building 21 =28' 9"(2-storey, 6-units)
Building 22 =28' 9"(2-story, 5-units)
Building 23 =28' 9"(2-storey, 5-units)
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Gross Floor Area of Proposed Buildings:
Building 1 = First Floor- 5,047-square feet
Second Floor- 4,421-square feet
Total- 9,468-square feet/each x 1 =9,468-square feet
Buildings 2, 3, 5,6, 7, 8, 19,= First Floor- 6,284-square feet
22 &23 Second Floor- 5,558-square feet
Total - 11,842-square feet/each x 9= 106,578-square feet
Buildings 4,9, 10, 11, 12, 13,= First Floor- 7,472-square feet
14, 15, 16, 18,20,21 Second Floor- 6,542-square feet
Total - 14,014-square feet/each x 12=168,168-square feet
Building 17= First Floor- 3,859-square feet
Second Floor- 3,437-square feet
Total- 7,296-square feet/each x 1 = 7,296-square feet
Gross Floor Area of Proposed Units:
Unit Type"lA"= First Floor- 1,188-square feet
Second Floor- 984-square feet
Total - 2,172-square feet/each x 34=73,848-square feet
Unit Type"2A"= First Floor- 1,237-square feet
Second Floor- 1,137-square feet
Total- 2,374-square feet/each x 44= 104,456-square feet
Unit Type"3A"= First Floor- 1,311-square feet
Second Floor- 1,150-square feet
Total- 2,461-square feet/each x 46= 113,206-square feet
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Buildings 4,5,8, 10, 14,20,23 (Color Scheme 1)
Roof: Composition Shingles(Charcoal)
Walls: Lap Siding(SW6254 Lazy Gray and SW7006 Extra White), Board and Batten(SW6236 Gray's
Harbor), Brick Veneer(Chalk Dust)
Windows/Doors: Vinyl (Black),Wood(SW7605 Gale Force)
Trim/Fascia: Wood/hardi(SW7757 High Reflective White)
Buildings 1,6, 11, 13, 16, 18,21 (Color Scheme 2)
Roof: Composition Shingles(Mission Brown)
Walls: Lap Siding (SW9170 Acier and SW7004 Snowbound), Board and Batten (SW6236 Gray's
Harbor), Brick Veneer(Latigo)
Windows/Doors: Vinyl (Black), Wood(SW7675 Seal Skin)
Trim/Fascia: Wood/hardi (SW7005 Pure White)
Buildings 2,3,7,9, 12, 15, 17, 19,22 (Color Scheme 3)
Roof: Composition Shingles(Barkwood)
Walls: Lap Siding (SW7043 Worldly Gray), Board and Batten (SW7047 Porpoise), Stone Veneer
(Alderwood)
Windows/Doors: Vinyl(Black), Wood(SW7048 Urbane Bronze)
Trim/Fascia: Wood/hardi (SW7006 Extra White)
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Pool House
Roof: Composition Shingles(Charcoal)
Walls: Lap Siding(SW70006 Extra White),Board and Batten(SW6236 Gray's Harbor), Stone Veneer
(Chalk Dust)
Windows/Doors: Vinyl(Black), Wood(SW7757 High Reflective White)
Trim/Fascia: Wood/hardi(SW7757 High Reflective White)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are twelve existing trees located along
the canal at the southern boundary of the development. The applicant is proposing to remove the trees.
Below is list of all existing trees proposed to be removed from the site as identified on the landscape
plan date stamped April 6,2022.
Tree Caliper/ Condition Remove/ Replacement
Specie Height Retained Inches/Feet per ECC
Black 12" Damaged/Dying/Dead/Hazard tree Remove 12"
Locust
Black 4" Damaged/Dying/Dead/Hazard tree Remove 4"
Locust
Black 6" Damaged/Dying/Dead/Hazard tree Remove 6"
Locust
Black 4" Damaged/Dying/Dead/Hazard tree Remove 4"
Locust
Black 4" Damaged/Dying/Dead/Hazard tree Remove 4"
Locust
•
Black 6" Damaged/Dying/Dead/Hazard tree Remove 6"
Locust
Black 4" Damaged/Dying/Dead/Hazard tree Remove 4"
Locust
Black 4" Damaged/Dying/Dead/Hazard tree Remove 4"
Locust
Black 6" Damaged/Dying/Dead/Hazard tree Remove 6"
Locust
Black 4" Damaged/Dying/Dead/Hazard tree Remove 4"
Locust
Willow 60" Damaged/Dying/Dead/Hazard tree Remove 60"
Black 18" Dead/Hazard tree Remove 18"
Locust
Total caliper inches/feet of trees required to be replaced on TBD by the Design
site Review Board and City
Council
Total caliper inches removed from the site 132
Total caliper inches proposed for mitigation 0"
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Tree Replacement Calculations:
The applicant is proposing to remove twelve trees from the site. The applicant is not proposing
mitigation for the trees due to the species type and the requirement of a pathway being installed along
the canal located along the southern boundary of the development. See discussion on page 23 for more
information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along all the internal streets of the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:
Each unit with have individual trash totes that will be stored in the garages and put out on the curb on
pick-up day.
P. MECHANICAL UNITS:
The applicant is proposing to use ground mechanical units to be screened with landscaping. No roof
top units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A site light plan showing location,height,and wattage has been received 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 is required to be
reviewed and approved prior to the installation of any signage on this site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company service area and within the boundaries of the Eagle Sewer District.
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—Yes—adjacent to Middleton Mill Canal
Evidence of Erosion—No
Fish Habit—No
Floodplain—No
Mature Trees — Yes — Adjacent to the Middleton Mill Canal and around the existing dwelling in
proximity to North Park Lane
Riparian Vegetation—Yes—along the Middleton Mill Canal
Steep Slopes—No
Stream/Creek—Yes—Middleton Mill Canal
Unique Animal Life—Unknown
Unique Plant Life—Yes—Riparian area along the Middleton Mill Canal
Unstable Soils—No
Wildlife Habitat—Yes—Within the existing trees located within the site
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W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Preliminary Wetland Evaluation— Skyview Subdivision, date stamped by the City on April 28, 2021
(attached to the staff report associated with A-05-21/RZ-06-21/PP-08-21).
Geotechnical Evaluation For"Rick's Property"—A 15.5 +Acre Multi-Family Townhome Residential
Development Located To The North Of Highway 44 And West Of North Park Lane, Eagle,Idaho,date
stamped by the City on April 28, 2021 (attached to the staff report associated with A-05-21/RZ-06-
21/PP-08-21).
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Drainage District No. 2—Sawtooth Law Offices, PLLC
Eagle Fire Department
Eagle Park,Pathway, and Recreation
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;
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;
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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 (adopted November 15, 2017), designates this site as the
following:
6.3 Land Use Designations:
The Comprehensive Land Use Map(adopted November 15,2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined
on a site by site basis. Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or development agreement process. See the planning area text for a complete description of
site-specific uses.
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. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration,regional trails and connectivity.
6.4 General Land Use Goals
D. Preserve the function of regionally significant roadways transecting the City while ensuring
compatibility with land uses and design standards of the City.
6.4.2 General Land Use Objectives
A. Encourage the conservation and preservation of open spaces (sensitive habitat for plant,
wildlife, and species and unique areas)based on diverse values within the City of Eagle.
6.4.3 General Land Use Implementation Strategies
A. Conserve the natural features and resources that make Eagle unique.
F. Locate higher-density residential development closest to Downtown Eagle and activity
centers/nodes as shown on the Comprehensive Plan Land Use Map.
K. Protect gravity flow irrigation systems including canals, laterals, and ditches to assure
continued delivery of irrigation water to all land serviced by such systems. Protect these
systems as a long-range economical method for water delivery and drainage.
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6.5 Park Lane Planning Area
6.5.1 Park Lane Uses
C. All properties within the Park Lane Planning Area abutting State Street should designed to
promote trip capture by including a mix of residential uses, commercial uses(limited to lease
spaces no larger than 30,000 square feet) and office uses. The properties abutting State Street
should be reviewed and conditioned by the City through the use of a development agreement
at the time of rezone.
F. The area located on the northwest corner of State Highway 44 and Park Lane is designated
Mixed Use for the southern 17-acres, transitioning to neighborhood residential, up to 3 units
per acre, for the northern portion of the property. The transition area between the mixed use
and the residential area shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
6.5.3 Park Lane Access/Connectivity
A. Access to and through the area should be limited to existing roadways(Old Valley Road,Fisher
Parkway,Park Lane,and Linder Road);direct access from State Street/Highway 44 should not
be permitted.
B. The compact residential area located on the northeast corner of State Highway 44 and Linder
Road shall be designed with internal circulation and connectivity to the residential areas to the
north and extend Escalante Drive west to the intersection of State Highway 44 and Moon Valley
Road.
C. Cross-access agreements and shared service roads should be encouraged throughout the area
and should be a requirement for all non-residential development.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.1 The maximum density for the Property shall be 8.14 dwelling units per acre (125 single-family
attached dwellings).
3.4 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Concept Plan with the requirements
set forth in this Development Agreement. Specific design elements shall be clarified during the
platting and design review application processes. However,the streetscape as shown on the
concept plan(center landscape island, street trees, pool,pool house,tot lot,and pathways)shall
be required design elements as part of the final design for the site.
3.7 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, chain-link) shall be
prohibited.
3.10 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted. The Design Review Board and City Council shall review
and approve the detailed architectural plans for the development prior to the issuance of building
permits.
3.11 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the proposed and required landscape island and all common
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areas throughout the development,3)landscape screening details and buffering for the residential
units from the commercial area, 4)elevation plans for all proposed common area structures and
irrigation pump house(if proposed), 5) landscape screening details of the irrigation pump house
(if proposed), 6) detailed architectural plans for the pool house, 7) design of the tot lot, and 8)
useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar
amenities (if proposed). The design review application shall be reviewed and approved by the
Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat.
3.12 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal by the City Council)shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the Design Review Board. A detailed landscape plan showing
how the trees will be integrated into the open space areas or private lots(unless approved for
removal by the Design Review Board)shall be provided for Design Review Board approval
prior to the submittal of a final plat. Construction fencing shall be installed(pursuant to the
Design Review Board's direction)to protect all trees that are to be preserved,prior to the
commencement of any construction on the site.
5. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by
the Design Review Board)along both sides of all streets within this development. Trees shall
be placed at the front of each lot generally at each side property line,or as approved by the
Design Review Board. The trees shall be located within an 8-foot-wide landscape strip
between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or
seepage beds shall be placed so as to not interfere with the required placement of street trees.
Prior to the City Clerk signing the 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.
7. Provide a revised landscape plan showing the fencing associated with the required berm (along
State Highway 44)to be in conformance with Eagle City Code. The landscape plan shall be
reviewed and approved by the Design Review Board and City Council prior to submittal of a
final plat application.
18. Provide a revised Mail Box Cluster Locations plan which shows the cluster mail box located on
W. Flint Drive moved to the south side of W. Escalante Drive east of N.Nursery Avenue. The
revised preliminary plat shall be provided prior to submittal of a design review application.
20. Provide a revised Street Light Locations plan showing additional streetlights located at the
following locations:
• The southeast corner of W. Flint Drive and N.Nursery Avenue.
• The northeast corner of N.Nursery Avenue and W. Escalante Drive.
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• The intersection of N. Pincushion Avenue and Lot 28,Block 3.
• At the midpoint of the alley located within Lot 28, Block 3.
• The Street Light Plan should also show lit bollards at the intersections of the pathways
with the streets and alleys.
The revised Street Light Plan shall be provided prior to submittal of a design review
application.
22. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
23. Any fencing located adjacent to common area open spaces(with the exception of a solid fence
located between the residential area and the commercial uses)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).
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Dimensions:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
R-6 to R- 35' 20' 15' 5' 20' N/A 1,600 20'
10 10' is 5' if 0' for
single- alley alley common
family load load wall
attached
dwellings
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be
the minimum lot width specified within the zoning district or 35-feet,whichever is less.
• 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.
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• 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.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat,removal of the following trees shall not otherwise require
replacement: black locust,poplar,cottonwood,willow,tree of heaven,elm, and silver
maple. Trees which are weak wooded,weak branched, suckering, damaged, diseased,
insect infested, or containing similar maladies may be exempt from replacement if
removal is first approved by the city.
• Eagle City Code Section 8-2A-10: Application Requirements:
Prior to application for a permit to erect,construct, alter,move,remodel, reface or repaint or
otherwise change the use of the building or structure in the Design Review Overlay District,the
applicant must file an application, upon a form prescribed by the Council,with the Zoning
Administrator. All application materials supplied or presented to the City including presentation
boards,materials boards and documentation are part of the public record and shall become the
property of the City. The applicant may be required to supply the City with colored photos of the
presentation boards if determined by the Zoning Administrator. The size of the photos shall be
determined by the Zoning Administrator and the boards may be returned to the applicant if the
photos are provided to the City.
Design review applications for any commercial building larger than one hundred twenty(120)
square feet shall be prepared by or under the responsible control of a licensed architect,unless
exempted under Idaho Code, section 54-309(2),with said plans to be duly stamped to clearly
identify the preparer.
E. DISCUSSION:
• The applicant is requesting design review approval for twenty three townhome buildings (124-
units), a pool house, and common area landscaping within Skyview Subdivision. The applicant's
justification letter states the townhomes and pool house are designed with the Craftsman style of
architecture which is one of the nine architectural styles in the Eagle Architecture and Site Design
book. Design elements include gable roof structures with wide overhanging eaves, porches, a
mixture of wood siding elements,and stone or brick. Staff defers comment regarding the building
design,materials, and colors to the Design Review Board.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(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
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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 building elevations provided by the applicant are not stamped by a licensed architect. Pursuant
to Eagle City Code Section 8-2A-10, plans are required to be prepared by or under the responsible
control of a licensed architect and duly stamped to clearly identify the preparer. The applicant
should be required to provide revised building elevations that are stamped by a licensed architect.
The building elevations should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• A prefabricated irrigation pump station enclosure is proposed near the northwestern corner of the
development. No elevations of the prefabricated structure have been provided. The applicant
should be required to provide detailed plans showing the size, height, materials, colors, etc. of the
prefabricated irrigation pump station proposed near the northwestern corner of the development.
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.
• The applicant is proposing to remove twelve trees from the site consisting of Black Locust and
Willows trees. As noted on the landscape plan the trees are in poor condition, dead,dying, and/or
hazardous trees. 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 12 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 132-caliper inches of tree(66,
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$23,100.00(132-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.
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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 common area landscaping and amenities as proposed with the modifications
noted in the site specifics.
• The Board is in favor of no tree mitigation being required based on the species,health,and locations of
the existing trees being located in a future pathway.
BOARD DECISION:
The Board voted 5 to 0(Grubb and Sayer absent)to recommend approval of DR-29-22 for a design
review application for the common area landscaping, pool house, pool,and 23 townhome buildings [124-
units] within Skyview Subdivision for Lennar Homes of Idaho, 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 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-29-22 for a design review application for the common area
landscaping, pool house, pool, and 23 townhome buildings [124-units] within Skyview Subdivision for
Lennar Homes of Idaho, LLC, with the following Design Review Board recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added by
the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-06-21 & PP-08-21.
2. Provide revised building elevations that are stamped by a licensed architect. The building elevations
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
3. Provide detailed plans showing the size, height, materials, colors, etc. of the prefabricated irrigation
pump station proposed near the northwestern corner of the development. 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.
4. Provide a revised site plan that notes all power poles located on site (with the exception of the
distribution lines along North Park Lane)are to be removed and all overhead utilities on site are to be
removed. The applicant shall submit a phasing plan as to when the on-site utilities and poles are to be
removed during the construction of this development. The revised site plan shall be reviewed and
approved by staff prior to the submittal of a final plat application. The overhead on-site utilities and
power poles shall be removed prior to the first certificate of occupancy.
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5. The City approves the removal of the trees and does not require mitigation, no additional trees are
required.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide a revised landscape plan showing the sound wall fencing proposed within the buffer area along
State Highway 44 is to be located(i.e.: top of berm,midway up the berm, etc.). The revised landscape
plan shall be reviewed and approved by staff prior to the submittal of a final plat application.
13. Provide a revised landscape plan showing a 10-foot wide concrete pathway on the east side of West
Flint Drive extended to the property to the south of this development) pursuant to the Trails and
Pathways Superintendent memo dated May 2, 2022. Street trees shall not be required in this area;
however, the applicant shall provide a solution to how the remaining area is to be landscaped or
addressed. The revised landscape plan shall be reviewed and approved by staff prior to the submittal
of a final plat application.
14. Provide revised building elevations of the six pergola structures proposed around the pool showing how
they reflect more of the Craftsman style of architecture (i.e.: completely covered or open structure).
Any fabric or shade structures,if proposed,shall be submitted. The architectural style and/or any fabric
or shade structures 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 a revised site and landscape plan showing removable bollards at the two dead end north/south
alleyways located south of West Flint Drive to provide access to the sewer manholes. Detailed cut
sheets showing the style, color, size, etc. shall be submitted. The revised site and landscape plan and
detailed cut sheets 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 a revised landscape plan showing benches and trash receptacles at the tot lot play area.
Additional shade shall be provided by landscaping and/or shade structures. Provide detailed cut sheets
showing the style, color, size, etc. of the benches and trash receptacles and/or shade structures. A
revised landscape plan, detailed cut sheets, and/or shade structures shall be submitted for review and
approval by staff and one member of the Design Review Board prior to the submittal of a final plat
application.
17. Provide a revised site plan showing the location trash bins are to be located on trash collection day for
the townhomes accessed by the two dead end north/south alleyways located south of West Flint Drive.
The revised site 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 providing additional landscaping between the property line of the
townhomes and West Flint Drive near the western portion of the site. The revised landscape plan shall
be reviewed and approved by staff and one member of the Design Review Board prior to the submittal
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of a final plat application.
19. Provide a revised landscape plan showing a concrete driveway, at the pump station location, between
West Flint Drive and the separated sidewalk. The revised landscape plan shall be reviewed and
approved by staff prior to the submittal of a final plat application.
20. Provide a revised landscape plan showing street trees along the commercial lot adjacent to North Park
Lane and State Highway 44. 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.
21. The applicant shall install an attached sidewalk and landscaping per the modified landscape plan, date
stamped by the City on June 13,2022. The sidewalk and landscaping shall be installed prior to the City
Clerk signing the final plat.
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
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issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed,covered or changed in any way unless such obstruction, rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association,or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
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
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writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
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.
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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-29-22) 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 townhomes are permitted with the approval
of a design review application within the R-9-DA(Residential with a development agreement)and
MU-DA(Mixed use with a development agreement [in lieu of a PUD])zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping and building
designs are designed to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the townhome units have two car garages and
there is on-street parking;
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 townhome
buildings are designed to meet the Craftsman style of architecture and are designed to complement
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 townhome buildings do not exceed 29-feet permitted within Eagle City
Code;
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 townhome units
have two car garages and there are sidewalks and walkways throughout the development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
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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 1e day of June 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
son 'ierce,Mayor
ATTEST:
F'.• 1 E O
P •
racy E.Os , agle City Clerk : a Q p
E'er• O c., 'st.•O�:
v;••J �`�.•; •.
* 5 1.'•••.
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