Findings - CC - 2022 - DR-43-21 MOD - Design Review For 82 Townhome Buildings [164-Units] Within Arvory Crest Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR 82 TOWNHOME )
BUILDINGS [164-UNITS] WITHIN ARVORY )
CREST SUBDIVISION FOR LENNAR HOMES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-21 MOD
The above-entitled design review application came before the Eagle City Council for their action on July
26, 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, represented by Ken Firmage with FS One, LLC, is requesting design review approval
for 82 townhome buildings [164-units] within Arvory Crest Subdivision. The 80.2-acre site is located
on the southeast corner of West Floating Feather Road and State Highway 16 at 1252 North Highway
16.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 6, 2022. Revised information was
received May 16,2022(floor plans,building elevations,colored renderings,fencing details,townhome
layouts), May 23, 2022(setbacks), and May 26,2022 (floor plans, duet 2 elevation).
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 August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On July 14, 2009, the City Council approved an annexation and rezone with development agreement
for Eagle Sports Legends Investments #2, LLC (the subject property was recognized as an expansion
parcel within the development agreement associated with the Legacy Planned Community[Ada County
instrument#106161990])(A-03-09/RZ-03-09).
On September 14,2021,the City Council approved a conditional use permit,preliminary development
plan, and preliminary plat for Arvory Crest Subdivision, a 249-lot (231-buildable, 18-common)
residential planned unit development(CU-02-21/PPUD-02-21/PP-04-21).
On December 12, 2021, the City Council approved a design review application for the common area
landscaping within Arvory Crest Subdivision(DR-43-21).
On December 12, 2021, the City Council approved a design review application for one subdivision
entry feature and seven subdivision entry monument signs for Arvory Crest Subdivision(DR-44-21).
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 Neighborhood R-2-DA(Residential with a Vacant parcel
Residential development agreement) (Agriculture)
Proposed No Change No Change Residential subdivision
North of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation) and agriculture
R-2-DA(Residential with a Vacant parcel
development agreement) (Agriculture)
South of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation)
R-2-DA-P(Residential with a Single-family residential
development agreement— subdivision(Snoqualmie
PUD) River Subdivision No.4)
East of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation)
R-2-DA-P(Residential with a
development agreement—
PUD)
West of site Mixed Use(Star R-3-PUD-DA(Residential— Rosti Farms Subdivision
designation) PUD—with a development
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site has four existing out buildings which are proposed to be removed.The site has a row of existing
Juniper trees along the east property line which are approved to be removed with the review and
approval of the common area landscaping within Arvory Crest Subdivision(DR-43-21).
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 80.2-acres(3,493,512-square feet) N/A
Percentage of Site Devoted 29%to 40% (approximately—all 40%(maximum)
to Building Coverage buildings)
71.5%to 74%(all units) 75%(maximum—second story
shall not exceed 75%of the
main floors square footage,
inclusive of the garage area)
Percentage of Site Devoted 55%(approximately) 15%(minimum)
to Landscaping
Number of Parking Spaces 328-parking spaces(including 164- 328-parking spaces(minimum
covered parking spaces) —including 164-covered
parking spaces)
Townhome Floorplan 1
(Lots 21-22,40-41,51-52,Block 9)
(Lots 8-9, 16-17,24-25,30-31,38-39,42-43,48-49,56-57,60-61,Block 2)
(Lots 3-4,20-21,37-38,Block 4)
SITE DATA PROPOSED REQUIRED*
Front Setback 23.5 (Lots 21-22, Block 9) 8-feet(from property line or back
20-feet(all other buildings) of sidewalk whichever is greater
for living space;20-feet for the
garage**
Rear Setback 10-feet— 14-feet(all buildings) 10-feet(minimum)**
Side 10-feet to 18-feet(all buildings) 5-feet(minimum)** interior side
Additional 5-feet per story
10-feet(minimum)** street side
Additional 5-feet per story
*Note:Setbacks per CU-02-21/PPUD-02-21/PP-04-21.
**Note:Setbacks measured per building.
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Townhome Floor Plan 2
(Lots 1-2,3-4,5-6,7-8,9-10, 11-12, 13-14, 15-16, 17-18, 19-20,29-30,38-39,49-50,Block 9)
(Lots 2-3,Block 10)
(Lots 6-7, 14-15,22-23,28-29,36-37,46-47,54-55,58-59,Block 2)
(Lots 9-10,22-23,29-30,39-40,Block 4)
(Lots 7-8,Block 5)
SITE DATA PROPOSED REQUIRED*
Front Setback 20-feet(all buildings) 8-feet(from property line or back
of sidewalk whichever is greater
for living space; 20-feet for the
garage**
Rear Setback 10-feet to 18-feet(all buildings) 10-feet(minimum)**
Side 10-feet to 19-feet(all buildings) 5-feet(minimum)** interior side
Additional 5-feet per story
10-feet(minimum)** street side
Additional 5-feet per story
*Note:Setbacks per CU-02-21/PPUD-02-21/PP-04-21.
**Note:Setbacks measured per building.
Townhome Floorplan 3
(Lots 23-24,27-28,31-32,36-37,47-48,Block 9)
(Lots 4-5,Block 10)
(Lots 4-5, 12-13,20-21,26-27,34-35,52-53,65-66,Block 2)
(Lots 7-8, 11-12, 18-19,24-25,31-32,41-42,Block 4)
(Lots 4-5,9-10,Block 5)
SITE DATA PROPOSED REQUIRED*
Front Setback 20-feet(all buildings) 8-feet(from property line or back
of sidewalk whichever is greater
for living space; 20-feet for the
garage**
Rear Setback 10-feet to 18-feet(all buildings) 10-feet(minimum)**
Side 10-feet to 17-feet(all buildings) 5-feet(minimum)** interior side
Additional 5-feet per story
10-feet(minimum)** street side
Additional 5-feet per story
*Note: Setbacks per CU-02-21/PPUD-02-21/PP-04-21.
**Note: Setbacks measured per building.
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Townhome Floorplan 4
(Lots 25-26,34-35,42-43,45-46,Block 9)
(Lots 6-7,Block 10)
(Lots 2-3, 10-11, 18-19,32-33,40-41,50-51,63-64,Block 2)
(Lots 5-6, 13-14, 16-17,26-27,33-34,43-44,Block 4)
(Lots 2-3,Block 5)
SITE DATA PROPOSED REQUIRED*
Front Setback 20-feet(all buildings) 8-feet(from property line or back
of sidewalk whichever is greater
for living space; 20-feet for the
garage**
•
Rear Setback 10-feet to 20-feet(all buildings) 10-feet(minimum)**
Side 10-feet to 18-feet(all buildings) 5-feet(minimum)** interior side
Additional 5-feet per story
10-feet(minimum)** street side
Additional 5-feet per story
*Note: Setbacks per CU-02-21/PPUD-02-21/PP-04-21.
**Note:Setbacks measured per building.
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-Family Residential Units: 412,796-square feet
• Eagle City Code Section 8-4-5 requires the following parking for two-family dwellings: For each
unit—2 including 1 covered.
Number of Units: 164 units(all 3-bedroom units)
Two-family dwelling:
Three Bedroom: 2/unit 82x2= 170-parking spaces
Proposed On-site Parking Spaces: 164(82-two car garages [164-parking spaces])
Required Parking Spaces: 164 (82-parking spaces are required to be covered parking spaces)
(calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Two-family
Dwellings")
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: 82 townhome buildings totaling 164-units.
Height and Number of Stories of Proposed Buildings:
Townhome 1 =31' 6 t/4"(2-story,2-units)
Townhome 2 =24' 10"(2-story,2-units)
Townhome 3 =29' 5"(2-story, 2-units)
Townhome 4=30' 6"(2-story, 2-units)
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Gross Floor Area of Proposed Buildings:
Townhome 1 = First Floor- 2,947-square feet
Second Floor- 2,163-square feet
Total- 5,110-square feet/each x 15 =76,650-square feet
Townhome 2= First Floor- 3,040-square feet
Second Floor- 2,213-square feet
Total- 5,253-square feet/each x 27= 141,831-square feet
Townhome 3 = First Floor- 2,943-square feet
Second Floor- 2,124-square feet
Total- 5,067-square feet/each x 21 = 106,407-square feet
Townhome 4= First Floor- 2,943-square feet
Second Floor- 2,124-square feet
Total - 5,067-square feet/each x 19=96,273-square feet
Gross Floor Area of Proposed Units:
Unit Type"1A"= First Floor- 1,427-square feet
Second Floor- 1,037-square feet
Total - 2,464-square feet/each x 15 =36,960-square feet
Unit Type"2A"= First Floor- 1,520-square feet
Second Floor- 1,126-square feet
Total - 2,646-square feet/each x 15 =39,690-square feet
Unit Type"3A"= First Floor- 1,520-square feet
Second Floor- 1,087-square feet
Total- 2,607-square feet/each x 27= 70,389-square feet
Unit Type"2B"= First Floor- 1,520-square feet
Second Floor- 1,126-square feet
Total- 2,646-square feet/each x 27=71,442-square feet
Unit Type"1 B"= First Floor- 1,427-square feet
Second Floor- 1,037-square feet
Total - 2,464-square feet/each x 21 = 51,744-square feet
Unit Type"3B"= First Floor- 1,516-square feet
Second Floor- 1,087-square feet
Total- 2,603-square feet/each x 21 = 54,663-square feet
Unit Type"1C"= First Floor- 1,427-square feet
Second Floor- 1,037-square feet
Total- 2,464-square feet/each x 19=46,816-square feet
Unit Type"3C"= First Floor- 1,516-square feet
Second Floor- 1,087-square feet
Total - 2,603-square feet/each x 19=49,457-square feet
On and Off-Site Circulation:
One 28-foot wide road (south of West Rosti Farms Road) and one 48-foot wide road (north of West
Rosti Farms Road)provides access to the site from North Hamlin Avenue.
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M. BUILDING DESIGN FEATURES:
Proposed Building Design: Prairie School/Craftsman
Townhome 1 Color Palette IA
Lots 21-22,40-41,Block 9
Lots 8-9,24-25,38-39,56-57,Block 2
Lots 20-21,37-38,Block 4
Roof: Architectural shingle(Charcoal)
Walls: Board and batten(SW6000 Snowfall), hardie siding(SW6000 Snowfall)
Windows/Doors: Entry/garage doors(SW6258 Tricorn Black, SW2848 Roycroft Pewter)
Trim/Fascia: Wood(SW6258 Tricorn Black),trim (SW6000 Snowfall)
Townhome 1 Color Palette 1B
Lots 51-52,Block 9
Lots 16-17,30-31,42-43,48-49,60-61,Block 2
Lots 3-4,Block 4
Roof: Architectural shingle(Mission Brown)
Walls: Board and batten (SW7632 Modern Gray, SW7024 Functional Gray), hardie siding (SW7632
Modern Gray)
Windows/Doors: Entry/garage doors(SW7019 Gauntlet Gray, SW2735 Rockweed)
Trim/Fascia: Wood(SW7069 Iron Ore),Trim (SW7024 Functional Gray)
Townhome 2 Color Palette 2A
Lots 3-4,7-8, 11-12, 151-16, 19-20,29-30,38-39,Block 9
Lots 6-7,28-29,46-47,58-59,Block 2
Lots 9-10,Block 4
Lots 7-8,Block 5
Roof: Architectural shingle(Charcoal)
Walls: Stucco (SW7029 Agreeable Gray), brick (Grey Drift Tumbled Brick), hardie siding(SW7674
Peppercorn, SW7029 Agreeable Gray)
Windows/Doors: Entry/garage doors(SW2849 Westchester Gray, SW6994 Greenblack)
Trim/Fascia: Fascia/eaves(SW7069 Iron Ore, SW9170 Acier)
Townhome 2 Color Palette 2B
Lots 1-2,5-6,9-10, 13-14, 17-18,49-50,Block 9
Lots 2-3,Block 10
Lots 14-15,22-23,36-37,54-55,Block 2
Lots 22-23,29-30,39-40,Block 4
Roof: Architectural shingle(Mission Brown)
Walls: Stucco (SW7547 Sandbar), brick (Buff Tumbled Brick), hardie siding (SW9174 Mothwing,
SW7547 Sandbar)
Windows/Doors: Entry/garage doors(SW7026 Griffin, SW7675 Sealskin)
Trim/Fascia: Fascia/eaves(SW7069 Iron Ore, SW7020 Black Fox)
Townhome 3 Color Palette 3A
Lots 23-24,31-32,47-48,Block 9
Lots 4-5,Block 10
Lots 12-13,26-27,34-35,52-53,65-66,Block 2
Lots 11-12,24-25,41-42,Block 4
Lots 4-5,Block 5
Roof: Architectural shingle(Charcoal)
Walls: Shingle shake (SW7075 Web Gray), hardie siding (SW7641 Colonnade Gray), stone veneer
(Sage South Ledgestone/OBP Misty Cove)
Windows/Doors: Garage door (SW7076 Cyberspace, SW7075 Web Gray), entry door (SW7083
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Darkroom)
Trim/Fascia: Corner trim(SW7044 Amazing Gray), fascia/eaves/posts(SW7066 Gray Matters)
Townhome 3 Color Palette 3B
Lots 27-28,36-37,Block 9
Lots 4-5,20-21,Block 2
Lots 7-8, 18-19,31-32,Block 4
Lots 9-10,Block 5
Roof: Architectural shingle(Weathered Wood)
Walls: Shingle shake(SW7025 Backdrop),hardie siding(SW7044 Amazing Gray), stone veneer(Sage
Southern Ledgestone/OBP Wheat)
Windows/Doors: Garage door (SW7069 Iron Ore, SW7025 Backdrop), entry door (SW6991 Black
Magic)
Trim/Fascia: Corner trim (SW7044 Amazing Gray), fascia/eaves/posts(SW7648 Big Shill)
Townhome 4 Color Palette 4A
Lots 34-35,45-46,Block 9
Lots 6-7,Block 10
Lots 2-3, 18-19,50-51,63-64,Block 2
Lots 5-6,26-27,33-34,Block 4
Roof: Architectural shingle(Weathered Wood)
Walls: Cultured stone(Silver Shore),board and batten(SW7015 Repose Gray),hardie plank lap siding
(SW0077 Classic French Gray)
Windows/Doors: Door/shutters/garage(SW2848 Roycroft Pewter, SW6992 Inkwell)
Trim/Fascia: Fascia/eaves/posts(SW7013 Ivory Lace),trim(SW7015 Repose Gray)
Townhome 4 Color Palette 4B
Lots 25-26,42-43,Block 9
Lots 10-11,32-33,40-41,Block 2
Lots 13-14, 16-17,43-44,Block 4
Lots 2-3,Block 5
Roof: Architectural shingle(Weathered Wood)
Walls: Cultured stone(Silver Shore),board and batten(SW7043 Worldy Gray),hardie plank lap siding
(SW7019 Gauntlet Gray)
Windows/Doors: Entry door/shutters/garage(SW7640 Fawnbrindle, SW7062 Rock Bottom)
Trim/Fascia: Fascia/eaves/posts(SW7035 Aesthetic White),trim(SW7043 Worldly Gray)
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 were approved with the common area landscaping(DR-43-21).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:
Each townhome unit will have an individual trash tote that will be stored in the garage or behind the
side yard fencing and pulled out to the curb on trash pick-up day.
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P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical
units are proposed to be located behind a fence and screened with landscaping.No rooftop mechanical
units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
Building elevations and detail lighting cutsheets showing the location, style, color, wattage,
illumination type,etc. 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 by the Zoning Administrator prior to the issuance of any building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the City of Eagle water service area and within the boundaries of the Eagle Sewer
District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern- none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation- no
Steep Slopes -no
Stream/Creek-no
Unique Animal Life- no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not
required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Y. LETTERS FROM THE PUBLIC: None received to date.
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Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT 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:
Neighborhood Residential
Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per
acre.
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Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.4.1.4 Minimum street frontages for lots and setback distances for residential units in the Owner's
Remaining Property shall comply with the requirements set forth in the below table:
Setbacks
Product
Type Approx. Lot Size Frontage' Front Rear Interior Street
Side2 Side
8 ft from
property line
or back of
sidewalk
Townhouse 3,800-4,999 SF 30 ft whichever is 10 ft 5 ft3 10 ft
greater for
living space;
20 ft for the
garage
15 ft from
Patio 5,000-7,999 SF 30 ft living space/ 10 ft 5 ft 20 ft
20 ft from
garage
Custom 8,000-11,999 SF 30 ft 20 ft 25 ft 5 ft 20 ft
Estate 12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft
17,000 SF+ 35 ft 30 ft 30 ft lO ft 20 ft
' The minimum street frontage for all flag lots is 20 feet.
2 Additional five feet per story setback for multi-story structures.
3 No setback applies to the interiors of connected dwelling units.
3.4.1.5 The second story of any dwelling unit on a lot of less than 8,000 square feet shall not exceed
75%of the main floor's square footage, inclusive of the garage area.
3.4.1.6 Patio homes located on corner lots(any street classification)are limited to a 25 foot maximum
height. (Common area lots on corners do not extinguish this requirement for adjacent patio
homes.)
3.4.1.7 Patio homes located on other than corner lots may be two stories, but shared driveways should
be incorporated to provide a variety of appearance.
3.4.1.8 Townhouse groups are limited to five attached units.
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C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7 (J).
9. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands,and all common areas throughout the subdivision, 3) building elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house, 5)useable amenities such as picnic tables,covered
shelters, benches,gazebos,and/or similar amenities, and 6)proposed style of fencing. The design
review application shall be reviewed and approved by the Eagle Design Review Board and Eagle
City Council prior to the submittal of final development plan and final plat applications.
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-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 82 townhome buildings [164-units] within
Arvory Crest Subdivision. The applicant's justification letter states the townhome buildings are
designed based on the Craftsman and Modern Prairie School styles. The Craftsman style design
include a variety of materials including shaker, siding, painted wood, and irregular shaped stone,
trim details like Frieze boards, shutters, trim bands, a mix of single hung and fixed windows,
varying roof pitches, and historic style light fixtures. The Prairie School style design includes a
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variety of materials including stucco,brick,and horizontal lines on siding,wide overhanging eaves,
low pitched hipped roofs, and earth tone color finishes. Staff defers comments 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
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.
• The lot layout plan shows the townhome floor plan on lots 21-22,block 9,color coded as floorplan
1, however, it is called out as floorplan 4, lots 16-17, block 4 as floorplan 2, however it is called
out as floorplan 1, and lots 18-19, block 4 as floorplan 3, however, it is called out as floorplan 4.
The applicant should be required to provide a revised lot layout plan showing lots 21-21, block 9,
and lots 16-17 and 18-19,block 4, identified with the correct floor plan.The revised lot layout plan
should be reviewed and approved by staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 23, 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 proposed townhome buildings design, materials, and colors with the
addition of site specific condition of approval nos. 13, 14, 15, 16,and 17 and recommended townhome
no. 3 have additional architectural interest on the back.
• The Board is in favor of the proposed landscape plan with the addition of site specific condition of
approval no. 12.
BOARD DECISION:
The Board voted 5 to 0(Greer and Duperault absent)to recommend approval of DR-43-21 MOD for a
design review application for 82 townhome buildings [164-units] within Arvory Crest Subdivision for
Lennar Homes, with the following site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document,dated January 14, 2021.
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PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 26,2022,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 3 to 0(Baun absent)to approve DR-43-21 MOD for a design review application for 82
townhome buildings [164-units] within Arvory Crest Subdivision for Lennar Homes, 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 CU-02-21/PPUD-02-21/PP-04-21 and DR-43-21.
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. The final plat for Arvory Crest Subdivision(phases where the townhomes are located)shall be recorded
prior to issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. 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.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No rooftop mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the buildings.
10. No signs are proposed with this application and none are approved.
11. Provide revised building elevations for the townhome units with end units that have large blank areas
(identified as "right elevation") adding architectural interest on building elevations that face common
area open space. The revised building elevations shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
12. Provide a revised fencing plan showing the specific layouts of the fencing styles,types, and locations
(some of the townhome entrances are behind fencing). The revised fencing plan shall be reviewed and
approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
13. Provide revised building elevation of townhome 3 with the shed roof showing there is no conflict with
the windows behind it. The revised building elevation shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
14. Provide revised elevations of the townhomes 1 and 4 showing the shutters do not cover the siding trim
or extend to the corner of the buildings. The revised elevations shall be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a zoning certificate.
15. Provide revised building elevations of townhome 3 lowering the gable roof and modifying the window
located on the front elevation. The revised building elevations shall be reviewed and approved by staff
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and two members of the Design Review Board prior to the issuance of a zoning certificate.
16. Provide a revised layout showing the previously approved common area pool house building,mailbox
cover, signage, etc. and new townhome elevations showing how the two styles are harmonious with
each other in the design and construction. The revised layout shall be reviewed and approved by staff
and two members of the Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company,ditch association,or other irrigation entity, shall be
obstructed,routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1)
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has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction .
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial, Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
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path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation, recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations,ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-43-21 MOD)with regard to the Eagle City Code Title 8,Chapter 2,Article A,DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The 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 townhome buildings are permitted with the approval of a design review
application within the R-2-DA(Residential with a development agreement)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 townhome buildings are designed in
height to be consistent with single family dwellings located within the townhome phase and future
phases of the development;
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 each townhome is designed with a two car garage
and the development has guest parking along the roadways;
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 since the
townhomes have been design with the Prairie School and Craftsman styles of architecture,and the
common area structures are designed with the Prairie School style of architecture;
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 style of the
townhomes will be utilized in the future phases of the development;
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 the 35-foot maximum height allowed;
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 subdivision has
been designed with connections to North Hamlin Avenue and there are sidewalks located
throughout of 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 since the
subdivision has been designed with sidewalks throughout that provide access to residential areas;
and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 26th day of July 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
aso Pierce,Mayor
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