Findings - DR - 2023 - DR-11-23 - Kingswood Subdivision - Kingswood Subdivision Common Area Landscaping BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN KINGSWOOD )
SUBDIVISION FOR LGPD UTAH,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-11-23
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 13, 2023. The Eagle Design Review Board 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:
LGPD Utah, LLC,represented by Jay Gibbons with South, Beck, and Baird Landscape Architecture,
is requesting design review approval for the common area landscaping within Kingswood Subdivision.
The 38.81-acre site is located on the west side of North Linder Road approximately 1,430-feet north of
the intersection of North Linder Road and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 15, 2023. Revised information
(landscape plan)was received April 3,2023.
C. NOTICE OF AGENCIES'REVIEW:
Requests for agencies' reviews were transmitted on February 28, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 26,2022,the City Council approved an annexation,rezone from RUT(Rural-Urban Transition
— Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD),
conditional use permit, preliminary development plan, and preliminary plat for Kingswood
Subdivision,an 87-lot(74-buildable, 13-common)residential planned unit development(A-13-21/RZ-
19-21/CU-10-21/PPUD-09-21/PP-20-21).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Transition— Agriculture
Residential Ada County designation)
Proposed No Change R-2-DA-P(Residential with a Single-Family,Residential
development agreement—PUD) Planned Unit Development
North of site Neighborhood R-2-DA-P(Residential with a Lanewood Subdivision No.
Residential development agreement—PUD) 8
South of site Neighborhood R-3-DA-P(Residential with a Lanewood Subdivision No.
Residential development agreement—PUD) 4
East of site Neighborhood R-2-DA-P(Residential with a Bella Terra Subdivision
Residential development agreement—PUD)
West of site Neighborhood R-3-DA-P(Residential with a Lanewood Subdivision
Residential development agreement—PUD)
Nos.2&5
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is currently used for agricultural purposes.
J. SITE DATA:
Total Acreage of Site—38.41-acres
Total Number of Lots—87
Residential—74
Commercial—0
Industrial—0
Common— 13
Total Number of Units—74
Single-family—74
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.93-dwelling units/acre 1.93-dwelling units per acre
maximum(as limited by the
development agreement)
Minimum Lot Size 10,000-square feet 17,000-square feet
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 4.18-acres of offsetting
increase of open space. The offsetting
increase of the required percentage
in open space has been provided.
Minimum Lot Width 80-feet 75-feet(minimum)
Minimum Street Frontage 45-feet 35-feet
Total Acreage of Common Area Open 13.61-acres 11.86-acres(minimum)
Space (Inclusive of 4.18-acres of offsetting
increase of open space)
Percent of Site as Common Area 35.4% 30.9%(minimum)
Open Space 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 Space 34.5%(4.1-acres) 15%(minimum)(1.78-acres)
as Active Open Space
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat,date stamped by the City on May 23,2022,shows two(2)50-foot-wide common
lots located adjacent to North Linder Road (principal arterial). The preliminary plat shows a typical
Linder landscape section associated with the buffer area.The applicant is proposing a 4-foot-high berm
with a 6-foot-high concrete noise abatement fence and landscaping located on top of the berm.
Common Area Open Space:
A total of 13.61-acres(35.4%)of open space is proposed(inclusive of the planter strips).A total of 4.1-
acres(34.5%)of the common area open space is active open space. The required buffer areas located
adjacent to North Linder Road will be contained within common lots. The remaining open space areas
are inclusive of a large pond, pickle ball courts with a parking lot, gazebo, pathways throughout the
development, a drainage ditch, and a few common lots located between the streets and side yards of
lots located in proximity to the streets.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney,requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No.
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. BUILDING DESIGN FEATURES:
Picnic Shelter— 11' 6 1/4"tall
Roof.Metal(Evergreen)
Columns: Metal(Beige)
M. 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 North Severiano Avenue, West Montage Street, North
Brickton Avenue,West May Jay Drive,North Annadale Avenue,West Braveheart Street,North Racing
Water Drive,and West Venetian Drive.
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 landscape plan showing location,style,height,wattage,and illumination type of streetlights has been
received. The LED illumination is shown to be 4000K which exceeds the 3000K allowed per Eagle
City Code Section 8-44-2.
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Q. 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 within the development.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has 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.
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—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—unknown
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—unknown
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not
required.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ballantyne Ditch Company
Drainage District No. 2
Eagle Fire Department
Eagle Park,Pathway,and Recreation
Eagle Sewer District
Idaho Fish and Game
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC:None received to date.
Y. 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:
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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;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
The Comprehensive Plan Land Use Map(Western Area Plan adopted 02-10-15)designates this site as:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing to be installed as shown on the Fencing Plan(Exhibit D). All
other fencing(i.e.dog-eared cedar fencing,chainlink)shall be prohibited.
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3.6 Owner shall construct the neighborhood amenities (pickle ball court, gazebo, benches, and
pedestrian pathways) identified within the provided narrative and shown on the Concept Plan
(Exhibit Q.The neighborhood amenities shall be reviewed and approved by the Design Review
Board and City Council prior to construction. The amenities shall be constructed with the
associated subdivision phase.
3.8 Owner shall comply with the Eagle Parks, Pathways, and Recreation Commission's pathway
recommendations (Exhibit F), as identified in the Trails and Pathway Superintendent's memo,
dated March 18,2022,and any subsequent revisions which may be made by the City Council.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
5. Provide a revised preliminary plat showing the portion of the common lots (Lot 30, Block 2 and
Lot 1,Block 4) located adjacent to North Linder Road at a minimum of 50-feet in width to be in
conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8-
2A-7(J)(4)(b). The height of the berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall, or combination thereof shall be a minimum of 10-feet in height.
The revised preliminary plat shall be provided prior to submittal of a design review application.
8. Any fencing located adjacent to common area open spaces and on the street side of all comer lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
9. The developer shall provide shade-class (Class II) trees (landscape plan to be reviewed and
approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line,or as approved by
the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between
the 5-foot-wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds
shall be placed so as to not interfere with the required placement of street trees. Prior to the City
Clerk signing the final plat the applicant shall either install the required trees,sod,and irrigation or
provide the City with a letter of credit for 150%of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion.
24. The applicant shall install a decorative style privacy fence along the shared property line located at
2001 North Linder Road. The style of fencing shall be reviewed and approved by the Design
Review Board and City Council prior to installation.The applicant shall coordinate the fence style
with the property owner from 2001 North Linder Road prior to installation. The fence shall be
installed 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
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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(B)(2): Roofs:
e. Metal; standing seam,batten seam(concealed fasteners required)
• Eagle City Code Section 8-2A-6(B)(3): Fences:
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):Buffer Areas/Common Lots:
4. Major Roadways:New residential developments,including,but not limited to,subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials,freeways,or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners'association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below.The height for
berming/fencing,as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing.
The required buffer area width,plantings,and fencing are as follows:
b. Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of fifty feet(50')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: five
(5)shade trees,eight(8)evergreen trees,three(3)flowering/ornamental 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(F)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):Parkway Strips, Separated Sidewalks,and Street Trees:
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks
shall be separated from the curb along all streets.An eight foot(8')wide minimum parkway
planter strip planted with shade class(class I1)trees shall be required between the sidewalk
and street to provide a canopy effect over streets.
3. Within residential developments one shade class(class 11)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.
4. In all cases,any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
5. Light pole fixtures shall have a maximum height of:
d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
6. Except as otherwise permitted within this title,incandescent lights,two hundred fifty(250)
watt maximum high pressure sodium lights,3000K maximum LED lights(or approved
equivalent)shall be the only type of site and building lighting permitted.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Kingswood Subdivision, a 87-lot(74-buildable, 13-comm) residential planned unit development.
The common area consists of street trees,buffer along North Linder Road,pickleball court,picnic
shelter, benches, and pathways. Staff defers comment regarding the common area landscaping to
the Design Review Board.
• The picnic shelter is proposed to have a metal roof. Pursuant to Eagle City Code Section 8-2A-
(B)(2)(e),metal roofing is required to have concealed fasteners. The applicant should be required
to provide a revised picnic shelter elevation showing the metal roofing to have concealed fasteners.
The revised elevation should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The fencing plan shows a vinyl fence located at the southeast comer of the site along the shared
property line located at 2001 North Linder Road.Eagle City Code Section 8-2A-6(B)(3)states that
vinyl fencing may be permitted if the City determines that the style of the fence proposed is
complementary to the overall site design.Preliminary plat site specific condition no. 24 states that
the applicant is required to install a decorative style privacy fence along the share property line
located at 2001 North Linder.Staff defers comment regarding the vinyl fence to the Design Review
Board.
• The landscape plan shows a pickleball court located within a common area with a black vinyl coated
chain link fence proposed around it.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
link fencing has been permitted to be used around sports courts. Staff defers comment regarding
the use of vinyl coated chain link fencing around the pickleball court to the Design Review Board.
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• The landscape plan shows the buffer area adjacent to North Linder Road to be planted with 62
evergreen trees; however,81 evergreen trees are required. Pursuant to Eagle City Code Section 8-
2A-7(n(4)(b),four evergreen trees are required to be planted every 100-linear foot of frontage.The
applicant should be required to provide a revised landscape plan showing an additional 19
evergreen trees located within the 50-foot wide buffer area along North Linder Road. The revised
landscape plan should be reviewed and approved by staff prior to submittal of a final plat
application.
• The landscape plan shows an 8-foot wide parkway strip along North Linder Road planted with sod
and no street trees. Pursuant to Eagle City Code Section 8-2A-7(M),street trees are required to be
installed every 35-feet (minimum) to 80-feet (maximum). The applicant should be required to
provide a revised landscape plan showing street trees along North Linder Road spaced every 35 to
80-feet apart. The revised landscape plan should be reviewed and approved by staff prior to
submittal of the final plat application.
• The detailed streetlight cutsheets show the LED illumination proposed to be 4000K.Additionally,
the cutsheets did not address the height of the pole. Pursuant to Eagle City Code Section 844-2,
LED illumination is permitted to be a maximum of 3000K. The applicant should be required to
provide a revised lighting cutsheet showing the streetlight illumination to be a maximum of 3000K
and provide the height of the pole. The revised cutsheet should be reviewed and approved by staff
prior to submittal of the final plat application.
• The landscape plan shows trees located south of the 10-foot wide natural surface pathway(south
side of the canal). The transmittal response from Drainage District No. 2 states that no trees are
approved within the District's easement. It is unclear if the proposed trees are located within the
100-foot wide easement area.The applicant should be required to provide a revised landscape plan
showing the location of the drainage easement and remove any trees proposed within the area.The
revised landscape plan should be reviewed and approved by staff prior to 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 April 13,2023, 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 added site specific conditions.
• The Board is in favor of the chain link fencing around the sports court since it will be powder coated
in an earthtone color.
BOARD DECISION:
The Board voted 6 to 0(Milian abstained)to recommend approval of DR-11-23 for a design review
application for the common area landscaping within Kingswood Subdivision,with the following staff
recommended site specific conditions of approval and standard conditions of approval with text shown
with underline to be added by the Board.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-13-21/RZ-19-21/CU-10-21/PPUD-09-21/PP-20-21.
2. Provide a revised picnic shelter elevation showing the metal roofing to have concealed fasteners. The
revised elevation shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
3. Provide a revised landscape plan showing an additional 19 evergreen trees located within the 50-foot
wide buffer area along North Linder Road.The revised landscape plan shall be reviewed and approved
by staff prior to submittal of a final plat application.
4. Provide a revised landscape plan showing street trees along North Linder Road spaced every 35 to 80-
feet apart.The revised landscape plan shall be reviewed and approved by staff prior to submittal of the
final plat application.
5. Provide a revised lighting cutsheet showing the streetlight illumination to be a maximum of 3000K and
provide the height of the pole. The revised cutsheet shall be reviewed and approved by staff prior to
submittal of the final plat application.
6. Provide a revised landscape plan showing the location of the drainage easement and remove any trees
proposed within the area. The revised landscape plan shall be reviewed and approved by staff prior to
submittal of a final plat application.
7. Provide a revised landscape plan showing all connections to pathways, sidewalks,or roadways with a
minimum 8-foot radius and connected to adjacent pathways. The revised landscape plan shall be
reviewed and approved by staff prior to submittal of the final plat application.
8. All ground mounted transformers, cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide a revised landscape plan showing the construction of the ponds showing that the grading,safety
afety
shelf, and aU required aeration comply with required codes. 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.
14. Provide detailed cutsheets of the proposed mailbox cluster and provide a covered structure over the
mailbox cluster. The style, materials, and colors of the mailbox cluster and structure and detailed
cutsheets shall be reviewed and approved by staff and one member of the Design Review Board prior
to the submittal of a finall2lat application.
15. Provide a fence detail for the chainlink fencing proposed around the pickleball courts. The chainlink
fence shall be powdercoated in an earthtone color.The fence detail shall be reviewed and approved by
staff and one member of the Design Review Board prior to submittal of a final plat application.
16. Provide a revised landscape plan showing a landscape strip between the sidewalk and pickleball court
fence and showing a 7-foot wide sidewalk or 5-foot wide sidewalk with wheel stops for the adjacent
parking spaces. The revised landscape plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to 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.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,
gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company,ditch association,or other irrigation entity,shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
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
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irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
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.
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17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County,State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans,including,but not limited to building design,
location and details,landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects,shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations,ordinances,
plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-11-23) 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.
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2. The Board 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 is permitted with the approval of a design review
application within the R-2-DA-P (Residential with a development agreement — PUD) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is 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—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;
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—Not applicable for
a landscape plan;
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 — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area;and
1. 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 27d'day of April 2023.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County;Idaho
Robert Grubb, Chairman
4ra
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E. orn,Eagle e-iP;tltk .
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