Findings - CC - 2022 - DR-47-22 - Common Area Landscaping Within Millstone Farm Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN MILLSTONE FARM )
SUBDIVISION FOR SEDDIE EAGLE I,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-47-22
The above-entitled design review application came before the Eagle City Council for their action on
September 13,2022. 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:
Seddie Eagle I,LLC,represented by Tamara Thompson with The Land Group,Inc.,is requesting design
review approval for the common area landscaping and amenities, including a pool and pool house for
Millstone Farm Subdivision. The 89.87-acre site is located on the northwest corner of North Palmer
Lane and West Floating Feather Road at 2871 North Palmer Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 5, 2022. Supplemental information
(revised civil and landscape plans)were received on July 29,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on June 17,2022,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 11,2007,the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation) to MU-DA (Mixed Use with a development agreement), R-2-
DA(Residential with a development agreement)(not a part of this site), and R-4-DA(Residential with
a development agreement)for Hormaechea LTD Partnership(RZ-10-07).
On December 13,2007,the executed development agreement associated with the rezone was recorded
(Ada County instrument#107164794).
On October 8, 2019, the City Council denied a development agreement modification, conditional use
permit,preliminary development plan,and preliminary plat associated with the subject site(RZ-10-07
MOD, CU-01-19,PPUD-01-19,and PP-01-19).
On June 14, 2022,the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat approval for Millstone Farms Subdivision(CU-05-21/PPUD-05-21/PP-07-21).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential, MU-DA(Mixed Use with a Single-family dwelling and
and Neighborhood development agreement)and Agriculture
Residential R-4-DA(Residential with a
development agreement)
Proposed No Change No Change Single-Family, Residential
Planned Unit Development
North of site Compact Residential RUT(Rural-Urban Transition Large agriculture
—Ada County designation) structures
South of site Neighborhood R-2-DA-P(Residential with a Proposed Arvory Crest
Residential development agreement— Subdivision and
PUD) Snoqualmie Basin
Subdivision
East of site Compact Residential and RUT(Rural-Urban Transition Vacant property(Proposed
Neighborhood —Ada County designation) Torrente Secco Planned
Residential and R-2-DA-P(Residential Unit Development)
with a development
agreement—PUD)
West of site Compact Residential and RUT(Rural-Urban Transition Vacant property and
Neighborhood —Ada County designation) Agriculture
Residential and R-2-DA-P(Residential
with a development
agreement—PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site has a single-family dwelling located near the
northeast corner of the site and has been used for agricultural purposes.
J. SITE DATA:
Total Acreage of Site—89.87-acres
Total Number of Lots—331
Residential—310
Commercial—0
Industrial—0
Common—21
Total Number of Units-310
Single-family(detached)—244
Single-family(attached)—66
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 3.45-dwelling units/acre 4.9-dwelling units per acre
(based on the overall site) (based on overall site pursuant
to the executed development
agreement)
Minimum Lot Size 3,975 square feet(MU) 5,000 square feet(MU)
8,008 square feet(R-4) 8,000 square feet(R-4)
Except that a decrease of minimum lot
size in a subdivision may be allowed if
there is an offsetting increase of the
same percentage in open space and a
planned unit development is applied
for and approved)—pursuant to ECC
Section 8-6-6-5(A). The applicant has
provided 5.86-acres of offsetting
increase of open space.
Minimum Lot Width 35-feet(MU) 50-feet(minimum)(MU)
70-feet(R-4) 70-feet(minimum)(R-4)
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 23.83-acres 17.97-acres
Open Space
Percent of Site as Common Area 26.5% 20%(minimum)(The required
Open Space open space inclusive of the offsetting
increase in open space did not exceed
20%)
Except that,according to ECC Section
9-3-8(C)the City may require
additional public and/or private park or
open space facilities in PUDs or in
subdivisions with 50 or more lots.
Percent of Common Area Open 44%(10.5-acres) 15%(minimum)(2.69-acres)
Space as Active Open Space
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 50-foot-wide landscape buffer along West Floating Feather Road and a
35-foot-wide landscape buffer along North Palmer Lane adjacent to the development. The proposed
widths of the landscape buffer areas are in conformance with Eagle City Code Section 8-2A-7(J)(4).
Common Area Open Space:
A total of 23.83-acres (26.5%) of open space is proposed within the subdivision. The common area
open space consists of the required buffer areas along North Palmer Lane and West Floating Feather
Road, three (3) large centralized areas (consisting of 10.5-acres), and several smaller common areas
located between the intersections and the adjacent buildable lots.The applicant is proposing pathways,
pool and restroom,community garden beds, public plaza area with shade trees, children's playground,
and various sports courts within the larger common area open space lots.The sports courts will include
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bocce ball,tennis,pickleball,and a basketball half-court.
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 graded so 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:
Plat note#8 of the preliminary development plan/preliminary plat, date stamped by the City on April
4, 2022, indicates all lots will have a 12-foot-wide public utilities, irrigation, and drainage easement
adjacent to any public street. Plat note #9 of the preliminary development plan/preliminary plat
indicates there will be a 5-foot-wide public utilities, irrigation, and drainage easement adjacent to any
interior side lot line and a 12-foot-wide public utilities,irrigation,and utilities easement adjacent to any
rear lot line.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Middleton Rural Fire District/Star Fire
Protection District.
On-site Septic System:
The existing residential dwelling located in proximity to the northeast corner of the property is served
by a septic system. The septic system will be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. STREET DESIGN:
Public Streets:
The public streets will be constructed based on the Preliminary Plat Roadway Sections shown on page
1.50 of the Preliminary Development Plan/Preliminary Plat,date stamped by the City on April 4,2022.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
Millstone Avenue: 270-feet in length, 52-foot radius
Sidewalks:
The street section shown on the preliminary plat, date stamped by the City on April 4, 2022, show
detached 5-foot-wide sidewalks (separated by an 8-foot-wide adjacent planter strip) on both sides of
the internal streets. The sidewalks are located within six feet (6') of the buildable lot area located
adjacent to the public right-of-way. The street sections for West Floating Feather Road and North
Palmer Lane show a 10-foot-wide detached meandering sidewalk located adjacent to the roadway.
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Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets and Palmer Lane.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications incorporating
a"Dark Sky"style of lighting shall be provided to the City Zoning Administrator prior to the submittal
of the final plat. Any modifications made to the lighting shall be completed before the final plat
approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
final plat application.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Metal(Terra Cotta)
Walls: Batt and Board(Gray Shingle), Cultured Stone(Cobblefield—gray)
Windows/Doors: Vinyl(Gray Shingle)
Fascia/Trim: Rough Sawn(Gray Shingle)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the frontage of all lots throughout the entire development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:
The applicant is proposing the pool equipment to be located within the pool house. No roof mounted
mechanical units or exterior ground mounted mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application, a separate design review application is required to be
reviewed and approved by the City prior to any signs being constructed with this development.
S. PUBLIC SERVICES AVAILABLE:
To date, a preliminary approval letter from Star Fire District has not been received by the City. The
site is located within City of Eagle Water service area and within the boundaries of the Eagle Sewer
District.
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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.
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
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;
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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 densities associated with the project were based on the Eagle 2007 Comprehensive Plan. A
Condition of Development of the executed development agreement (Ada County instrument
#107164794) states that the property may be developed based on the comprehensive plan that was in
effect at the time the development agreement was recorded. The following information shows the
history of the site based on the comprehensive plan in effect of the time and the basis of the approved
densities as well as the maximum number of residential units which may be approved based on the
2017 Eagle is Home Comprehensive Plan.
Eagle 2007 Comprehensive Plan (adopted February 2007)
_ - 2007 COMP PLAN Densities:
Village Center: 80 Acres @ 10 units/acre=800 units
` Residential Four: 85acres @ 4 units/acre=340 units
LI
Village % ¢ Residential Two: 207 acre @ 2 units/acre=414 units
r— Subtotal: 1,554
Center 10% PUD Bonus: 155
'Residential Four Total Development Potential: 1,709
iResidential Two units
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Application History:
3/27/2007: A-08-07/RZ-10-07 Application for annexation and rezone
2007 Application Request
1,824 units Max(4.9 units/acre)
132 acres at 2 units/acre=264 units
140 acres at 4 units/acre=560 units
100 acres at 10 units/acre= 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the total unit
count)
10% Open Space
50% of non-buildable school site counts as open space
2007 Conceptual Plan within DA:
1,334 Residential units
49 acres of Mixed use(non-residential)
_1 (490 units deducted)
37.2 acres of open space(10%)
P' +e
IHORMAECHEAI
CONCEPTVAS LAD USE PLAY'E'
rune, tl
11/20/2007 Approved by Eagle City Council
2007 Approval& DA Standards
1,824 units Max(4.9 units/acre)
132 acres at 2 units/acre=264 units
140 acres at 4 units/acre=560 units
100 acres at 10 units/acre= 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the total unit
count)
10% Open Space
50% of non-buildable school site counts as open space
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Millstone Farms Subdivision is proposed with the following:
311 units(3.46 units/acre)
23.22 acres at 10 units/acre— 124 units(5.34 units/acre)(proposed)
66.65-acres at 4 units/acre— 187 units(2.81 units/acre)(proposed)
2017 Eagle is Home Plan (adopted November 2017)
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•
2017 Eagle is Home Densities:
I. mpacj Resi lentia I Compact Res.: 4 acres @ 8 units/acre=32 units
I I I Neighborhood Res: 85.8 acres @ 2 units/acre=
Neighborhool Residential 171units
Total Development Potential: 203
units
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B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL(Based on the development agreement(executed December 7,
2007),Ada County instrument#107164794):
The development agreement associated with the property includes properties located on both sides of
West Palmer Lane. The subject property is located on the west side of West Palmer Lane.
1.3 Development of the Property shall comply with Eagle's Comprehensive Plan and City Code as
in effect at the time this Agreement is recorded, provided that Applicant may, at its sole
discretion,request to use the current version of the Eagle City Code at the time of platting.
1.6 Prior to issuance of any building permits, Applicants shall provide proof of adequate sewer
service to the proposed residences and commercial uses, by causing a letter of approval to be
provided to Eagle from the Eagle Sewer District.
1.9 Applicants shall comply with the landscape and buffering standards within ECC 8-2A.
1.11 Except as otherwise expressly provided in this Agreement, the Property can be developed in
accordance with the Eagle City Code in effect on the date this Agreement is recorded, provided
that if the permitted uses for the R(Residential District) and the MU (Mixed Use District) are
expanded, such expanded uses shall be allowed under this Agreement.
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C. PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT PROVISIONS WHICH
ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
5. Provide a revised"Fencing Plan"showing examples of all proposed fencing. All 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 Eagle City Code Section 8-2A-7(J). The revised"Fencing Plan"should be provided prior to
submittal of a design review application.
7. The applicant shall construct all the amenities as identified within the provided narrative and
shown on the preliminary plat landscape plan overview,date stamped by the City on March 31,
2022. The amenities shall be constructed with the associated subdivision phase(as shown on
the preliminary plat)prior to the City Clerk signing the final plat.
8. The applicant shall comply with the site specific conditions as outlined in the Parks,Pathways,
and Recreation Commission Pathway Recommendations memo, dated March 18,2022. The
required pathways shall be completed with the associated subdivision phase prior to the City
Clerk signing the final plat.
9. Provide a revised preliminary development plan/preliminary plat showing the pathway
locations and widths in conformance with the Parks, Pathways,and Recreation Commission's
recommendations as outlined within the Trails and Pathways Superintendent's memo dated
March 18,2022.The revised preliminary development plan/preliminary plat shall be provided
prior to submittal of final development plan and final plat applications.
10. Provide a revised preliminary development plan/preliminary plat showing the 10-foot-wide
detached sidewalk located within the common lots relocated outside of the area where the
required berms will need to be constructed. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of a design review application.
20. 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. 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.
21. All living trees 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.
30. The applicant shall provide a revised preliminary development plan/preliminary plat showing a
dog park area incorporated into the common area open space. The revised preliminary
development plan/preliminary plat shall be provided prior to submittal of a design review
application.
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D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5):
Utilities:Utility service systems shall not detract from building or site design.Cable,electrical,and
telephone service systems shall be installed underground,
• Eagle City Code Section 8-2A-6(B)(2)(e):
Metal; standing seam,batten seam(concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8-2A-6(B)(3): Fences:
a. Block(with columns),which may include brick,rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir,chain link,barbwire,razor wire,and similar high maintenance and/or
unsightly fencing is prohibited. However,powder coated chain link fencing may be permitted
for use on school sites.
• Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be provided
with the following plants per one hundred (100) linear feet of right of way: four(4) shade trees,
five(5)evergreen trees, and twenty four(24)shrubs. Each required shade tree may be substituted
with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be
provided within the buffer area.The maximum slope for any berm shall be three feet(3')horizontal
distance to one foot(1')vertical distance.If a decorative block wall,cultured stone,decorative rock,
or similarly designed concrete wall is to be provided in combination with the berm,a four foot(4')
wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
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• Eagle City Code Section 8-2A-7(M)(3)
Within residential developments one shade class(class II)tree selected from the approved tree list
in subsection Q of this section shall be located on both sides of all streets within the eight foot(8')
wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each
lot generally located on each side lot line corner with the distance between trees to be a minimum
of thirty five feet(35')and a maximum of eighty feet(80')of street frontage.
E. SUBDIVISION PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-10: Fences:
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, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed
so that the fence is visible from the adjacent roadway,then the fence shall include decorative
columns spaced a maximum of sixty feet(60')apart. Specific buffer area fences and decorative
walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted within the above
designated areas.A section within the subdivision CC&Rs shall be created for the regulation of
fences to this effect.
F. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping, amenities,
pool, and pool house for Millstone Farm Subdivision, a 331-lot, 310-unit (244-single-family
dwellings, 33-single-family attached dwellings [consisting of 66-dwelling units located on
individual lots], 21-common) residential planned unit development. The applicant is proposing
street trees throughout the street located within the development.Numerous amenities are proposed
throughout the development, two dog park areas, pathways, small gathering areas, community
raised garden, playground area, and sports courts that include tennis, pickleball, half-court
basketball court, and bocce ball. In the center of the development a pool and pool house are
proposed that is accessed by the numerous pathways provided within the development as well as a
7-parking space parking lot. The pool house, mailbox cluster structure, and sewer lift station
buildings have been designed using the craftsman style of architecture specified within the Eagle
Architecture Site and Design Book. Board and batt siding with cultured stone wainscot and a metal
roof are proposed on all the buildings proposed within the development. Staff defers comment
regarding the architectural style,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.
• Sheet L1.50, detailed 6, shows a cross section of the berm proposed along North Palmer Lane
indicating the height of the berm to be 5-feet high in a 27-foot area. In order for the berm to be 5-
feet in height and maintain the 3:1 slope required within Eagle City Code Section 8-2A-7(J)(4)(a),
the applicant needs 30-feet of area between the property line and the 10-foot wide sidewalk along
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North Palmer Lane. The applicant should be required to provide a revised landscape plan showing
30-feet of area between the property line and the 10-foot wide sidewalk along North Palmer Lane
and provide a cross section of the berm showing the height of the berm to be 5-feet with a 3:1 slope.
The revised landscape plan and cross section should be reviewed and approved by staff and two
members of the Design Review Board prior to the submittal of a final plat application.
• The landscape plans and cross section detail number 6 on Sheet L1.50, show a 6-foot high solid
fence to be located on the backside of the berms along North Palmer Lane and West Floating
Feather Road. Pursuant to Eagle City Code Section 9-3-10,a solid wood picture frame or premium
vinyl picture frame fence as identified in the EASD book is permitted between the required roadway
buffer area and the residential lot;however,if the buffer area is designed so that the fence is visible
from the adjacent roadway,then the fence shall include decorative columns spaced a maximum of
60-feet apart. The applicant should be required to provide a revised fence detail of the solid fence
along the backside of the berms along North Palmer Lane and West Floating Feather Road showing
decorative columns a maximum of 60-feet apart. The decorative columns should be constructed of
stone that matches the stone used in the construction of the common area buildings within the
development. The revised fence detail should be reviewed and approved by staff and two members
of the Design Review Board prior to the submittal of a final plat application.
• The applicant is proposing two sports court areas within the development with a 6-foot tall chain
link fence to be located around each of them. Pursuant to Eagle City Code Section 8-2A-6(B)(3)(e),
dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly
fencing is prohibited. However, powder coated chain link fencing may be permitted for use on
school sites. Pursuant to past action by the Eagle Design Review Board and City Council,powder
coated chain line fencing has been permitted to be used around sports courts. Staff defers comment
regarding the use of powder coated chain link fencing around the sports courts to the Design Review
Board.
• The landscape plans do not show any street trees to be planted within the planter strips along both
North Palmer Lane and West Floating Feather Road. Pursuant to Eagle City Code Section 8-2A-
7(M)(3), shade class (class II)trees are required within the landscape strip between the sidewalk
and the curb with a distance to be a minimum of 35-feet to a maximum of 80-feet of street frontage.
The applicant should be required to provide a revised landscape plan showing street trees along the
frontage of both North Palmer Lane and West Floating Feather Road a minimum of 35-feet to a
maximum of 80-feet. The revised landscape plan should be reviewed and approved by staff and
two members of the Design Review Board prior to the submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 11, 2022,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping with the amenities and pathways as
proposed with the conditions noted herein.
• The Board is in favor of the use of chain link around the sports court areas if the applicant utilizes a
powder coated chain link style of fence.
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BOARD DECISION:
The Board voted 6 to 0(Lindgren absent)to recommend approval of DR-47-22 for a design review
application for the common area landscaping within Millstone Farm Subdivision for Seddie Eagle I, 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 August 25, 2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 13, 2022, at
which time the Council made their decision.
COUNCIL DECISION:
The Council voted 3 to 0(Baun absent)to approve DR-47-22 for a design review application for the
common area landscaping within Millstone Subdivision for Seddie Eagle I, LLC,with the following
Design Review Board recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-10-07 &CU-05-21/PPUD-05-21/PP-07-21.
2. Provide a revised landscape plan showing 30-feet of area between the property line and the 10-foot
wide sidewalk along North Palmer Lane and provide a cross section of the berm showing the height of
the berm to be 5-feet with a 3:1 slope. The revised landscape plan and cross section shall be reviewed
and approved by staff and two members of the Design Review Board prior to the submittal of a final
plat application.
3. Provide a revised fence detail of the solid fence along the backside of the berms along North Palmer
Lane and West Floating Feather Road showing decorative columns a maximum of 60-feet apart. The
decorative columns shall be constructed of stone that matches the stone used in the construction of the
common area buildings within the development. The revised fence detail shall be reviewed and
approved by staff and two members of the Design Review Board prior to the submittal of a final plat
application.
4. Provide a revised landscape plan showing street trees along the frontage of both North Palmer Lane
and West Floating Feather Road a minimum of 35-feet to a maximum of 80-feet. The revised landscape
plan shall be reviewed and approved by staff and two members of the Design Review Board prior to
the submittal of a final plat application.
5. All overhead utilities and poles adjacent to the site and on the site shall be removed. All utilities shall
be located underground.
6. Provide detailed elevation plans noting the metal roofing on all the common area buildings to have
concealed fasteners. The revised elevation plans shall be reviewed and approved by staff prior to the
submittal of a final plat application.
7. A separate design review application is required for the review and approval of the duplex homes
proposed within this development. A design review application for the duplex homes shall be reviewed
and approved by the Design Review Board prior to the issuance of zoning certificate.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
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10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the buildings.
14. Paint all roof top vents to match the color of the roof.
15. No signs are proposed with this application and none are approved.
16. Provide a revised landscape plan showing the fencing around the sports courts within the common area
to be powdered coated chainlink fencing. Provide details of the color of the powder coated fencing.
The revised landscape plans and fence details shall be reviewed and approved by staff and two members
of the Design Review Board prior to the submittal of a final plat application.
17. Provide material and color samples of the pool house,mailbox cluster,and pump station buildings. The
material and color samples shall be reviewed and approved by staff and two members of the Design
Review Board prior to the submittal of a final plat application.
18. Provide detailed plans showing the material to be used in the fall zone of the play structures. The
detailed plans shall be reviewed and approved by staff and two members of the Design Review Board
prior to the submittal of a final plat application.
19. Provide revised elevation plans of the pool house,mailbox cluster,and pump station buildings showing
harmonious architecture between all the buildings(i.e.:roof line,wainscot,detailing,etc.). The revised
elevation plans shall be reviewed and approved by staff and two members of the Design Review Board
prior to the submittal of a final plat application.
20. Provide revised plans noting all fencing styles,colors,types,materials,columns,gates,etc. The revised
plans shall be reviewed and approved by staff and two members of the Design Review Board prior to
the submittal of a final plat application.
21. Provide revised landscape plans showing benches,watering stations,and waste basket locations within
the dog parks. Provide details of the benches, watering station, and waste baskets for review and
approval. The revised landscape plan and details shall be reviewed and approved by staff and two
members of the Design Review Board prior to the submittal of a final plat application.
22. Provide a revised landscape plan showing bench locations around the playground areas. The revised
landscape plan shall be reviewed and approved by staff and two members of the Design Review Board
prior to the submittal of a final plat application.
23. Provide an enlarged landscape plan of the pool and pool house area showing the amenities and
landscaping proposed in this area of the development. The enlarged landscape plan shall be reviewed
and approved by staff and two members of the Design Review Board prior to the submittal of a final
plat application.
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.
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2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
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,
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whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
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
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Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking, and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules, regulations,ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-47-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
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A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping and amenities are permitted with the approval of
a design review application within the MU-DA (Mixed Use with a development agreement) and
R-4-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 common area landscaping and buildings
are designed to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the pool house has a parking lot with 6-parking
spaces;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the pool house,
mailbox cluster, pump house building, shade structures are designed to complement the proposed
residential dwellings and development within the general vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the common area structures do not exceed 35-feet;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the applicant has
provided pathways within the development and provided connectivity to adjacent sites;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area since there
are walkways for the residence throughout the subdivision;and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 13th day of September 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
n Pierce,Mayor A
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