Findings - CC - 2017 - AA-05-17/DR-33-17 - Appeal Design Review Regarding Common Area Landscaping, Nine Apartment Buildings And Clubhouse In Heron's Edge Mu CommunityBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN APPEAL OF THE DESIGN REVIEW
BOARD DECISION REGARDING DR -33-17
FOR THE COMMON AREA LANDSCAPING,
NINE APARTMENT BUILDINGS, AND
CLUBHOUSE WITHIN HERON'S EDGE
MIXED USE COMMUNITY FOR HERON
FAMILY TRUST
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER AA-05-17/DR-33-17
The above -entitled appeal came before the Eagle City Council for their consideration on September 26,
2017. The item was continued to October 10, 2017, at which time the Council made their decision. The
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. SUBJECT:
Heron Family Trust, represented by Mark Butler with Land Consultants, Inc., is appealing the Design
Review Board's decision regarding the above referenced matter for the reasons specified in their appeal
application, date stamped by the city on September 1, 2017 (attached to the staff memorandum and
incorporated herein by reference). The 9.34 -acre site is located on the northeast corner of the
intersection of South Edgewood Lane and East State Street approximately 60 -feet north of East State
Street.
B. PROJECT SUMMARY:
Heron Family Trust, represented by Mark L. Butler with Land Consultants, Inc., is requesting design
review approval to construct the common area landscaping, nine (9) apartment buildings, and clubhouse
within Heron's Edge mixed use community, (a 131 -unit multi -family mixed use development). The
9.34 -acre site is located on the northeast corner of the intersection of South Edgewood Lane and East
State Street approximately 60 -feet north of East State Street.
C. DESIGN REVIEW BOARD DECISION — FINDINGS OF FACT AND CONCLUSIONS OF LAW:
The Board voted 7 to 0 to deny DR -33-17 for a design review application to construct the common area
landscaping, nine (9) apartment buildings, and clubhouse within Heron's Edge Mixed Use Community,
as documented within their findings of fact and conclusions of law document, dated August 21, 2017
(incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF MEMORANDUM:
A. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.5 The Owner shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the Design
Review prior to issuance of a zoning certificate.
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3.6 The multi -family dwellings (Exhibits D 1-6) and required parking structures (Exhibit E)
consisting of a "Prairie School" style of architecture represents the Owner's current concept for
the project and are subject to change at the discretion of the Design Review Board. Owner shall
submit a design review application for the proposed buildings (as required by Eagle City Code)
and shall comply with all conditions required by the Design Review Board and/or City Council
prior to the issuance of a zoning certificate.
3.7 Owner shall provide a clubhouse and pool at a location as generally depicted on the Concept
Plan. The clubhouse tower shall not exceed a maximum of 35 -feet in height. The clubhouse and
tower shall be subject to the Design Review Board further limiting the height or requiring
removal of the tower, if, in their determination, such a requirement will provide compatibility
with the overall project design style. The clubhouse building architecture and associated
landscaping shall be reviewed and approved by the Eagle Design Review Board prior to the
issuance of a certificate of occupancy.
3.8 Owner shall construct the clubhouse and pool with the first phase of the development.
3.14 The maximum building height for the gabled roof associated with the staircases of buildings
#1-5 shall not exceed 37 -feet, the remaining roofline shall not exceed 35 -feet with the north
portion of building #1 being 26 -feet (as identified on Exhibit "C").
3.15 Building "1" (as identified on Exhibit "C") shall be setback 85 -feet from the north property
line. Buildings "6-9" (as identified on Exhibit "C") shall be setback a minimum of 42 -feet from
the north property line and shall not exceed two -stories (26 -feet maximum).
• The development agreement in its entirety, approved by the City Council on June 27, 2017, is
incorporated herein by reference.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL:
o Eagle City Code Title 8, Chapter 2, Article A: Design Review Overlay District is incorporated
herein by reference.
o All City Code Sections identified within the Design Review Board's findings of fact and
conclusions of law document, dated August 24, 2017, are incorporated herein by reference.
C. DISCUSSION:
o See the Design Review Board's findings of fact and conclusions of law document, dated August
24, 2017, for relevant background information on this matter.
• On June 27, 2017, the City Council approved a rezone from C-2 (General Business District) to
MU -DA (Mixed Use with a development agreement in lieu of a conditional use permit, including
a height exception) to allow for a commercial use consisting of 3 -buildings and a multi -family
residential use consisting of 10 -buildings (9 -multi -family buildings containing 131 -units and one
[1] club house). The development agreement identifies a "Prairie School" style of architecture as
the Owner's current concept for the proiect and is subiect to change at the discretion of the Design
Review Board. The development agreement also identifies that the clubhouse tower shall not
exceed a maximum height of 35 -feet and the clubhouse and tower shall be subiect to the Design
Review Board further limiting the height or requiring removal of the tower. if. in their
determination. such a reauirement will provide compatibility with the overall proiect design style.
• On August 10, 2017, the Design Review Board voted 7 to 0 to deny a design review application to
construct the common area landscaping, nine (9) apartment buildings, and clubhouse within
Heron's Edge Mixed Use Community.
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• The Design Review Board discussed the following during their deliberation:
The site plan and layout of the amenities and buildings were well thought out.
The applicant's interpretation of the "Prairie School" style does not represent compliance with
the Eagle Architectural Site Design (EASD) book pursuant to Eagle City Code Section 8-2A-5,
based upon the examples of "Prairie School" style within the book.
- The building elevations show a modern take on the "Prairie School" style.
- The Board is not in favor of the modern architectural design of the project.
- The commercial buildings (which were not a part of this application but shown in the applicant's
presentation) showed more elements of the "Prairie School" style to include: low sloped roofs
with deep overhangs, ribbon windows, and horizontal lines.
- The proposed buildings have numerous (too many) vertical lines, lack sufficient horizontal lines,
lack appropriate overhangs, and lack appropriate roof elements (such as low pitched roof and
overhanging eaves) to be considered "Prairie School."
- The Board would like to see stronger designs (i.e. long horizonal lines, low pitched roofs,
overhanging eaves, natural materials used, earth tone colors) to be more consistent with the
"Prairie School" architectural style as identified in the Eagle Architecture and Site Design Book.
- The 35 -foot high tower is unnecessary and appears to be out of place. The focal point of the
clubhouse should be the clubhouse itself (without the addition of a tower).
- The covered parking structures proposed with the sunburst trellis design do not match anything
else within the project. A different style should be identified.
• Staff will be available to provide additional information or answer questions during the City
Council review of the appeal.
PUBLIC MEETING OF THE CITY COUNCIL:
A. A meeting to consider the application was held before the City Council on September 26, 2017. The
item was continued to October 10, 2017, at which time their decision was made.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by one (not including the
applicant/representative).
COUNCIL DECISION:
Upon review of the facts established with AA -05-17, along with the information provided to the Council
during their meetings for this item, the Council voted 3 to 0 (Preston absent) to approve AA -05-17 and
DR -33-17 for a design review application for the common area landscaping, nine (9) apartment buildings,
and clubhouse within Heron's Edge Mixed Use Community for Heron Family Trust based upon the
building elevations, dated stamped by the City on October 6, 2017, with the following staff recommended
site specific conditions of approval and standard conditions of approval with text shown with strike
through to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-01-17.
2. Provide a copy of the recorded Lot Line Adjustment (LLA -05-17) prior to the issuance of a zoning
certificate.
3. The development agreement for the site (RZ-01-17) shall be executed prior to the issuance of a
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foundation permit or zoning certificate, whichever occurs first.
4. The ordinance associated with the rezone shall be adopted by the city council prior to the issuance of
a zoning certificate.
5. Provide a revised landscape plan identifying the revised retaining wall and fencing material along the
northern property boundary. The revised landscape plan shall be reviewed and approved by staff prior
to the issuance of a zoning certificate
6. Provide a revised landscape plan identifying three additional 2 -inch caliper trees required for
replacement mitigation. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
revised -lends iF clan auff p i
eertifleate,
8. Provide a revised landscape plan showing a tree located in the interior landscape island located at the
southwest corner of Building 5 and south of the future phase. The revised landscape plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
9. In the event the parking islands, areas around the fire hydrants, or drive aisles are revised due to fire
department requirements, the applicant shall be required to provide revised site and landscape plans
noting all revisions. The revised site and landscape plans shall be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. 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.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
14. No ground mounted mechanical units are proposed with this application and none are approved.
15. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
16. No signs are proposed with this application and none are approved.
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.
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4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources 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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to
the City Engineer signing the final plat.
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, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage 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
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right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to 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 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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.
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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 Commission and/or 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/or 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. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to 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 change 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 -33-17) 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 conditions required herein, concludes
that the proposed design review application is in accordance with the Eagle City Code and the Eagle
Comprehensive Plan, and the Eagle Architecture and Site Design book.
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 the common area landscaping, nine (9) apartment buildings and clubhouse
are permitted with the approval of a design review application within the development agreement
provisions and the MU -DA (Mixed Use 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 building architecture is designed within an
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approved architectural style within the Eagle Architecture and Site Design book to complement
the general vicinity and provide aesthetically pleasing architecture to enhance the character of the
area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since 374 parking spaces are provided for this site;
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
proposed buildings have architectural elements that comply with the Eagle Architecture and Site
Design book;
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 proposed
buildings incorporate architectural elements approved within the Eagle Architecture and Site
Design book and are in conformance with the development agreement;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed buildings are in conformance with the required setbacks and
height restrictions noted within the development agreement;
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 residential and commercial center in the
area; and
I. No signs are proposed. However, any proposed signs will be required to be harmonious with the
architectural designs of the buildings, and shall not cover or detract from desirable architectural
features.
3. The Council reviewed the particular facts and circumstances of the proposed design review application
(DR -33-17) with regard to the Eagle Architecture and Site Design book and development agreement
and has concluded the following:
A. The architectural theme for these buildings are "Prairie School."
B. The proposed design review complies with the guidelines set forth in the Development Agreement
based upon the height of the buildings, tower associated with the clubhouse, and the Prairie School
style identified.
4. The Council reviewed the particular facts and circumstances of this proposed Appeal application (AA -
05 -17) with regard to the Eagle City Code Section 8-2A-14(A)(3)(a), and based upon the information
provided, concludes the required findings specified within subsection 8 -2A -13(B) have been satisfied,
as identified in Conclusions of Law Section 2 above;
5. The Council reviewed the particular facts and circumstances of this proposed Appeal application (AA -
05 -17) with regard to the Eagle City Code Section 8-2A-14(A)(3)(b), and based upon the information
provided, concludes there are no inconsistencies with the purpose and objectives of this article as
identified in Conclusions of Law Section 1 above;
6. The Council reviewed the particular facts and circumstances of this proposed Appeal application (AA -
05 -17) with regard to the Eagle City Code Section 8 -2A -14(3)(d), and based upon the information
provided, concludes that no discriminatory action has occurred nor been taken;
7. The Council reviewed the particular facts and circumstances of this proposed Appeal application (AA -
05 -17) with regard to the Eagle City Code Section 8 -2A -14(3)(f), and based upon the information
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provided, concludes there has been no undue interference with the design integrity of the proposal;
8. The Council reviewed the particular facts and circumstances of this proposed Appeal application (AA -
05 -17) with regard to the Eagle City Code Section 8 -2A -14(3)(g), and based upon the information
provided, concludes there has been no prohibition or unwarranted restriction of building type or
material;
9. The Council reviewed the particular facts and circumstances of this proposed Appeal application (AA -
05 -17) with regard to the Eagle City Code Section 8 -2A -14(3)(h), and based upon the information
provided, concludes no violation of law has occurred.
DATED this 24th day of October 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayo
ATTEST:
P]o
Sharon . Bergmann, Eagle City lerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the final written decision.
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