Findings - CC - 2018 - DR-34-18 - Common Area Landscaping And Entry FeatureBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING AND ENTRY FEATURE
WITHIN TRUMAN COVE SUBDIVISION NO. 2
FOR RENNISON COMPANIES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -34-18
The above -entitled design review application came before the Eagle City Council for their action on
November 13, 2018. 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:
John Rennison with Rennison Companies is requesting design review approval of the common area
landscaping and entry feature within Truman Cove Subdivision No. 2. The 8.21 -acre site is located on
the south side of State Highway 44 approximately 1,100 -feet south of the intersection of State Highway
44 and South Ancona Avenue at 2035 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 21, 2018. Revised materials (lighting
cut sheets, fencing plan, and landscape plan) were received by the City on September 17, 2018, and
October l , 2018.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes
Subdivision (RZ-10-15 and PP -07-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application for a
subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
On January 12, 2017, the Eagle Design Review Board approved a design review modification to modify
the common area landscaping, location of eighteen (18) apartment buildings, and clubhouse within
Eagle Lakes Subdivision (DR -58-15 MOD).
On January 30, 2017, the Zoning Administrator approved a lot line adjustment (associated with the
subject site) for TPC Brooklyn Park, Investors, LLC (LLA -01-17).
On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD)
modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes
Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family [consisting of
250 -units], 12 commercial, 10 -common, and 1 -private street) subdivision. The subdivision
modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family [consisting of 250 -units],
12 -commercial, and 15 -common [consisting of 1 -private street, 1 -private alley, and 1 -access drive])
(RZ-10-15 MOD2 & PP -07-15 MOD).
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use, Floodway,
and Scenic Corridor
No Change
North of site Mixed Use
South of site
East of site
West of site
Floodway and Eagle
Island Special Use Area
Mixed Use, Floodway,
and Scenic Corridor
Mixed Use, Floodway,
and Scenic Corridor
ZONING
DESIGNATION
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUDJ)
No Change
BP (Business Park) and MU
(Mixed Use)
RP (Rural Preservation — Ada
County designation)
MU (Mixed Use)
MU -DA (Mixed Use)
LAND USE
Undeveloped property
(Truman Cove
Subdivision)
Single-family/Multi-family
within the area previously
approved for single-family
State Highway 44, mobile
home park, and office
building
Boise River and vacant
parcel
Concrete business (Idaho
Materials and
Construction)
Tennis Club Plaza and
Renovare Subdivisions
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has not been developed.
I. SITE DATA:
Total Acreage of Site — 75.5 -acres
Total Number of Lots — 110
Total Number of Units - 327
Residential — 83
Commercial — 12
Industrial -- 0
Common — 15
Single-family — 77
Duplex — 0
Multi -family — 250
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES (SUBDIVISION):
Open Space:
A total of 38.03 -acres (50.7%) of open space is proposed within the overall development. The open
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space consists of a large pond for recreation (boats and fishing), greenbelt pathway, two (2) swimming
pools, clubhouse, pool house, beach area, two (2) tot lots, shelters, firepits, and pathways located
throughout the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat site plan, date stamped by the City on April 24, 2018, indicates the proposed
easements. The proposed easements are reduced from the width (12 -feet) typically required pursuant to
Eagle City Code to allow for reduced setbacks.
Fire Hydrants and Water Mains:
The preliminary plat shows 7 -fire hydrants located within the modified area. The hydrants should be
installed and approved as required by the Eagle Fire Department. The proposed development is located
within the Eagle Water Company water service area.
On-site Septic System (yes or no) — Yes
The site contained a residential dwelling that was removed from the site between April of 2015 and April
of 2016. The residential dwelling was formerly served by a septic system and it is unknown if the septic
system was properly abandoned. The applicant will be required to provide correspondence from the
project engineer indicating the septic system was properly abandoned.
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.
K. GENERAL SITE DESIGN FEATURES (ENTRY):
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) gated entry feature.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-eight foot (28') high entry feature.
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation:
One 21 -foot wide drive aisle provides entry into the gated subdivision. One 14 -foot wide drive aisle
provides access to exit the gated subdivision.
L. GATED ENTRY DESIGN FEATURES:
Roof: Metal (Galvalume)
Walls: Fiber Cement Board — Woodtone Rustic Series (Aspen Ridge), Eldorado Stone Veneer
TundraBrick (Chalk Dust)
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Windows/Doors: Painted steel (HC -145 Hale Navy BM)
Fascia/Trim: Painted steel (HC -145 Hale Navy BM)
M LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Existing tree removal and mitigation was
approved with design review application DR -58-15.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the private streets.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
N. TRASH ENCLOSURES: N/A
O. MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
A site plan, landscape plan, and a detailed lighting cut sheet were provided identifying the locations
of street lights throughout the subdivision, height, style, color, wattage, and illumination type of the
streetlights, and complies with Eagle City Code Section 8-4-4-2.
Q. 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 issuance of any building permits.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the Eagle Water Company Service Area and within the boundaries of the Eagle Sewer
District.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes Evidence of Erosion — None identified to date
Fish Habitat — Yes — Boise River and ponds located on-site
Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP-01-15)
Mature Trees — Yes — Located adjacent in proximity to the west property line (approximately 640 -feet
south of Riverside Drive) and within the floodway area
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — None
Stream/Creek — Yes — Boise River
Unique Animal Life — None identified to date
Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds
Unstable Soils — None identified to date
Wildlife Habitat — Yes — Located adjacent to the Boise River
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
See Environmental Assessment Plan (addressed with the original preliminary plat approval PP -07-15)
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W. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Fire Department
Eagle Parks, Pathways, and Recreation Department
Idaho Fish and Game
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flod Insurance Rate Maps (FIRM) along the Boise River and Dry Creek
(generally shown as floodway on the Land Use Map). These areas are to remain open space because of
the nature of the floodway which can pose significant hazards during a flood event. Floodway areas are
excluded from being used for calculating residential and development densities. Any portion of the
floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to
and usable by the public for open space, such as pathways, ball fields parks, or similar amenities, as
may be credited toward the minimum open space required for a development, if approved by the City
Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown on
the Land Use Map, the adjacent land use designation shown shall be considered to abut the actual
floodway boundary.
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, enhances landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.3 The total number of residential units on the Property shall not exceed 319 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design
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Review process and future conditional use permits for the residential development will not be
required.
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require
a conditional use permit.
The following uses which are shown as "C" conditional uses or prohibited under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be permitted uses on the Property:
• Apartment
• Multi -family dwelling
• Daycare Center
• Commercial Entertainment Facilities (Indoor and Outdoor)
• Hotel
• Nursing/Convalescent Home
• Laundry with Drive Up Service
• Parking Lot, Parking Garage, Commercial
• Retail Sales (General)
• Retail Sales (Limited)
• Storage (Enclosed Building)
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
In addition, the "Proposed Drive Thru Retail Building 1,400 SF" as shown on the Concept Plan
(Exhibit A), shall be limited to a coffee house use. The "Proposed Drive Thru End Cap" (Retail
Building 8,000 SF) as shown on the Concept Plan (Exhibit A) shall be limited to a laundry,
doughnut shop, or drugstore use. The coffee house use (Restaurant with drive-through) and
Drugstore with drive-through use, which is prohibited within said section of Eagle City Code and
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on the entire Property, as noted shall be permitted. A maximum of two (2) drive through uses shall
be permitted on the Property.
3.6.1 Any building with a proposed drive-through shall be designed in such a way as to
compliment the overall character of the development and design styles exceeding the
standard utilitarian look of a building with a drive-through shall be required. The Owner
shall also provide a minimum forty-eight inch (48") high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or
combination thereof within the buffer area adjacent to the drive-through lane to reduce
the impact of the vehicles utilizing the drive-through lane (i.e. vehicle headlights and
vehicle cueing), as shown on Exhibit B.
3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and design review application processes. However, the streetscape
as shown on the concept plan (center landscape islands, street trees, pool, poolhouse, and,
children's play areas) shall be required design elements as part of the final design for the site.
3.11 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.12 The single-family dwellings shall be constructed utilizing "Contemporary Prairie and/or Modern
Farmhouse" style architecture as shown on Exhibit D. The multi -family dwellings shall be
constructed utilizing "Craftsman" style architecture as shown on Exhibit E. Commercial/retail
buildings, multi -family residential buildings, and pool house shall be required to meet the design
review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design
book. Eagle Design Review Board approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for commercial/retail buildings,
multi -family residential units, pool house, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
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IINDGREN=LABRIE
ti
LINDGREN LALIRIF
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering
for the residential units adjacent to Riverside Drive 4) elevation plans for all proposed
common area structures and irrigation pump house (if proposed), 5) landscape screening details
of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered
shelters, benches, playground equipment, gazebos, fire pits, and/or similar amenities, 7) design
of ponds to be constructed in reference to mosquito abatement. The design review application
shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final
plat application.
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3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved
regional pathway along the Boise River. The public pedestrian and bicycle access shall be
reviewed and approved by the Eagle Parks and Pathway Development Commission prior to
submittal of a Design Review application. The revised preliminary plat shall be submitted prior
to submittal of a Design Review application.
3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9- 4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the
Property located adjacent to the Boise River. The pathway shall be constructed concurrently with
Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall
be approved by the City of Eagle Park and Pathway Development Commission prior to submittal
of a design review application. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-
6(E) (2). The instrument number of the recorded easement or easements shall be referenced
on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located.
Other than any pathways approved by Eagle, development within the Floodway and the open
space area between the development and the Boise River shall be prohibited.
3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9- 4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the
Property located adjacent to State Highway 44. The public sidewalk shall be constructed
concurrently with Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of
the pathway shall be approved by the City of Eagle Park and Pathway Development
Commission prior to submittal of a design review application. The public sidewalk shall be
located in a recorded easement or easements dedicated to and accepted by Eagle as provided in
Eagle City Code Section 9-4-1-6(E)
(2). The instrument number of the recorded easement or easements shall be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located.
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. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height.
A fence permit is required prior to construction of a fence in any of these locations.
24. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the 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
(if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or
similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7)
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/final plat applications. (ECC 8-2A-7)
25. 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 in a 6 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be
utilized to minimize damage to the adjacent to sidewalks. The style of root barrier shall be reviewed
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and approved by staff prior to installation. 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.
26. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the City Forester and the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the
City Forester to survey all existing trees. Subsequent to the on-site meeting, 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.
27. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat.
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 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. Specific buffer area fences and decorative walls may he allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, 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.
E. DISCUSSION:
• Truman Cove Subdivision No. 2 is a part of a five -phase development formerly known as Eagle
Lakes Subdivision. The overall development has a total of 50.7% open space. The open space
consists of a large pond for recreation (boats and fishing), greenbelt pathway, two (2) swimming
pools, clubhouse, pool house, beach area, two (2) tot lots, shelters, firepits, and pathways located
throughout the development. This phase encompasses single-family residential lots, a gated entry
feature, and a sidewalk/pathway that will provide a north to south pathway connection from State
Highway 44 to the greenbelt.
Staff defers comment regarding the common area landscaping to the Design Review Board.
• The applicant is proposing to construct a gated subdivision entry feature for access into the
subdivision. The development agreement condition of development no. 3.12 requires all single-
family homes to be a "Contemporary Prairie and/or Modern Farmhouse" style. The applicant is
proposing the same architectural style for the gated subdivision entry feature.
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Staff defers comment regarding the gated subdivision entry feature to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the 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 September 27,
2018. The Board continued the application to the October 11, 2018 meeting, at which time the Board
made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 32:47)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board determined the entry feature design, materials, and colors were acceptable.
• The Board noted that the pathway and landscaping were well thought out and should be approved.
BOARD DECISION:
The Board voted 4 to 0 (Baer, Koci, Sayer absent) to recommend approval of DR -34-18 for a design
review application for the common area landscaping and entry feature within Truman Cove Subdivision
No. 2 for Rennison Companies, with the site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document dated October 25, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on November 13, 2018, at
which time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -34-18 for a design review application for the common area
landscaping and entry feature within Truman Cove Subdivision No. 2 for Rennison Companies, 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-10-15 MOD2 & PP -07-15 MOD.
2. All fencing shall be installed pursuant to the fencing plan, date stamped by the City on September 17,
2018.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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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5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application and none are approved.
9. All lighting proposed on the entry feature shall be screened per Eagle City Code Section 8-4-4-2.
10. Provide a revised fencing plan showing the word "concrete" removed from the pathway note that
states "8 -foot wide meandering asphalt concrete walk. Pathway to Greenbelt." The revised fencing
plan shall be reviewed and approved by staff prior to approval of the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources 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.
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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
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,
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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.
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
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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 -34-18) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping and an entry feature are permitted with the
approval of a design review application within 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 proposed common area landscaping is designed to
complement the general vicinity and the entry feature is designed with materials and colors
associated with the "Contemporary Prairie and/or Modern Farmhouse" style identified in the
development agreement;
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 — Not applicable for a landscape plan;
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 entry feature has been designed with quality materials that are consistent with the
"Contemporary Prairie and/or Modern Farmhouse" style of architecture identified in the
development agreement;
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
entry feature is designed in conformance with the "Contemporary Prairie and/or Modern
Farmhouse" style identified in 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 entry feature is in conformance with the required height restrictions;
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 is
accessed through a gated vehicle entry or sidewalk and pathway for pedestrians;
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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
landscape plan includes sidewalks and a pathway connection to the greenbelt; 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 November 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, ayor
ATTEST:
Sharon K. Bergmann, Eagle City dlerk
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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