Findings - CC - 2023 - DR-35-23 - Design Review for the Common Area Landscaping and Amenities Within Centerra Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING AND AMENITIES )
WITHIN CENTERRA SUBDIVISION FOR )
GEMSHORE EAGLE RE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-35-23
The above-entitled design review application came before the Eagle City Council for their action on
September 12,2023. 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:
Gemshore Eagle RE,LLC,represented by Stephanie Hopkins with KM Engineering,LLP,is requesting
design review approval of the common area landscaping and amenities within Centerra Subdivision.
The 34.57-acre site is located on the south side of West Floating Feather Road approximately 500-feet
west of the intersection of North Cove Colony Way and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 22, 2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on June 30,2023,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 23, 2023,the Eagle City Council approved an annexation,rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Carp Ranch Subdivision (A-04-
22/RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22).
E. COMPANION APPLICATIONS: DR-36-23 (sign application).
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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 Agricultural
Residential with a —Ada County designation)
Transition Overlay
Proposed No Change R-1-DA-P and R-3-DA-P Single-Family Residential
(Residential with a Subdivision
development agreement—
PUD)
North of site Neighborhood R-E(Residential-Estates) Single-Family Residential
Residential with a Subdivision(Cavallo
Transition Overlay Estates Subdivision)
South of site Neighborhood R-1-DA-P and R-3-DA-P Single-Family Residential
Residential with a (Residential with a Subdivision(Whitehurst
Transition Overlay development agreement— Subdivision No. 2
PUD) [currently under
construction])
East of site Large Lot Residential R-1 (Residential) Single-Family Residential
(Colony Subdivision)
West of site Neighborhood R-3-DA(Residential with a Single-Family Residential
Residential with a development agreement)and (Creek Water Subdivision)
Transition Overlay and PS (Public/Semi-Public) and Eagle High School
Public/Semi-Public
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 undeveloped and has been used for agricultural purposes.
J. SITE DATA:
Total Acreage of Site—34.57-acres
Total Number of Lots—76
Residential—70(reduced to 63)
Commercial—0
Industrial—0
Common—6
Total Number of Units—
Single-family—70(reduced to 63)
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross 2.02 dwelling units/acre 1.82-dwelling units/acre maximum
Acre (as limited by the development
agreement)
Minimum Lot Size 10,519-square feet(R-3) 10,000-square feet(R-3)
38,585-square feet(R-1) 37,000-square feet(R-1)
Minimum Lot Width 75-feet(R-3) 75-feet(R-3)
159-feet(R-1) 100-feet(R-1)
Minimum Street Frontage 30-feet 35-feet
Total Acreage of Common 7.97-acres(inclusive of planter 6.91-acres(minimum)
Area Open Space strips)
Percent of Site as Common 23% 20%(minimum)
Area 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
Percent of Common Area 43.6% (3.48-acres) 15%(minimum)(1.16-acres)
Open Space as Active Open
Space
K. PARKING ANALYSIS: N/A
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on June 13, 2022, shows two(2)common lots located
adjacent to West Floating Feather Road (minor arterial). The minimum width of the common lots
located adjacent to West Floating Feather is 50-feet.The preliminary plat shows three(3)common lots
(inclusive of the common lot located adjacent to North Linder Road)located adjacent to North Delehaye
Avenue (collector). The minimum lot width of the common lots located adjacent to North Delehaye
Avenue is 35-feet. The landscape plan, date stamped by the City on June 13, 2022, shows a five-foot
(5')high berm with a 3:1 slope is proposed adjacent to West Floating Feather Road and North Delehaye
Avenue.
Common Area Open Space:
A total of 7.97-acres(22%)of open space is proposed(inclusive of planter strips).A total of 3.48-acres
(43.6%)of the common area open space is active open space.The required buffer areas located adjacent
to West Floating Feather Road and North Delehaye Avenue will be contained within common lots.The
remaining open space areas are inclusive of a drainage ditch,pathways,pool and clubhouse,and soccer
fields.
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
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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:
Based on an aerial view of the property it appears there are existing trees located along the drainage
ditch. Page PP5.0 of the preliminary plat, date stamped by the City on June 13, 2022, indicates the
existing trees and pathway to be removed by Drainage District No. 2.
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.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Metal roof(Slate Gray)
Walls: Board and batt(Gray Shingle), pre-manufactured stone(Gray)
Windows/Doors: Vinyl(Gray)
Fascia/Trim: Rough sawn trim(Gray stain)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located along the
drainage ditch that are to be protected and retained.
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 all internal streets within the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES: N/A
P. MECHANICAL UNITS:
The applicant has indicated within the application, the mechanical units are to be building mounted.
The building elevations of the pool house and pump house do not show any building mounted
mechanical units. The building mounted mechanical units should be screened from view. No ground
mounted mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A plan showing the streetlight location and detailed cutsheets of the streetlights were provided and
comply with Eagle City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-36-23)has been
submitted for the approval of a monument sign at the entrance to the development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—located adjacent to the drainage ditch
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-unknown
Unique Plant Life-unknown
Unstable Soils-unknown
Wildlife Habitat-unknown
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Historic Preservation Commission
Eagle Sewer District
Marathon Pipe Line
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
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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 CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density,lot sizing,and building scaling with a specific parcel
or project. Base densities may be reduced or units may be clustered to increase open space within a
portion of a site when property is in this overlay. Neighborhood design will be paramount in this
overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
B. DEVELOPMENT AGREEMENT PROVISION 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
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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.
3.6 Owner shall construct the neighborhood amenities(soccer fields, pathways, pool and clubhouse)
identified within the provided narrative and shown on the Concept Plan (Exhibit C). 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.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
2. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
4. Provide a revised preliminary plat showing the 16.5' pipeline easement located within Lot 1,Block
2,to be located within a common lot.The area south of the easement maintained may be platted as
a buildable lot. The revised preliminary plat shall be provided prior to submittal of final
development plan and final plat applications.
11. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. 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.
12. All living trees shall be preserved unless otherwise determined by the Design Review Board. A
detailed landscape plan showing how the trees will be integrated into the open space areas(unless
approved for removal the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to
the Design Review Board's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
13. The applicant shall be required to comply with the Parks,Pathways,and Recreation Commission's
Pathway Recommendation,dated May 20,2022,prior to the City Clerk signing the final plat.
20. Provide a revised preliminary plat showing a roundabout located at the southern terminus of North
Delehaye Avenue. The revised preliminary plat shall be provided prior to submittal of a design
review application.
21.Provide a revised preliminary plat showing a gate with a pedestrian opening located at the terminus
of North Peabody Avenue north of the New Dry Creek Canal. The revised preliminary plat shall
be provided prior to submittal of a design review application.
22. Provide a revised preliminary plat showing a common lot with an eight foot (8') wide pathway
located between Lot 2,Block 1,and Lot 1,Block 2.The revised preliminary plat shall be provided
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prior to submittal of a design review application.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5)(b):
The location and design of transformers, pad mount and roof mounted mechanicals and electrical
equipment shall be reviewed and approved by the design review board. All roof mounted
mechanicals shall be completely screened from view through the use of a parapet wall when
utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design
other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation
of the parapet wall(e.g.,the perspective generally as shown on an elevation plan).
• Eagle City Code Section 8-2A-7(M)(3):
Within residential developments one shade class(class II)tree selected from the approved tree list
in subsection Q of this section shall be located on both sides of all streets within the eight foot(8')
wide landscape strip between the sidewalk and the curb.Trees shall be planted at the front of each
lot generally located on each side lot line corner with the distance between trees to be a minimum
of thirty five feet(35')and a maximum of eighty feet(80')of street frontage.
E. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material,unless the fence is located on the property line between the required roadway buffer area
and the residential lot,in which case the fence may be a solid wood picture frame or premium vinyl
picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence
is visible from the adjacent roadway, then the fence shall include decorative columns spaced a
maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed
as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A
section within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
F. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Centerra Subdivision, a 76-lot (70-buildable, 6-common) residential planned unit development.
Street trees are proposed along the lot frontages. One 613-square foot pool house,one 625-square
foot pump house and a mailbox structure are proposed within the common area of this development.
The pool house, pump house, and mailbox structures are utilizing the Craftsman style of
architecture. Additionally,two larger soccer fields are proposed near Floating Feather Road at the
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entrance to the development and a pathway along the drainage ditch. Staff defers comment
regarding the design,materials, and colors of the buildings to the Design Review Board.
• Sheet L6.0 shows all lots to have a street tree planted within the streetscape with the exception of
Lot 27,Block 6. Pursuant to Eagle City Code Section 8-2A-7(M)(3),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 35-feet to a maximum of 80-feet of street frontage. The applicant should be
required to provide a revised landscape plan showing a street tree to be planted within the
streetscape of Lot 27,Block 6. The revised landscape plan should be reviewed and approved by
staff prior to the submittal of a final plat application.
• The fencing plan, Sheet L8.0, shows a solid 6-foot high brown vinyl fence to be located along the
northern property lines of Lot 2,Block 1 and Lot 7,Block 7. Pursuant to Eagle City Code
Section 9-3-10,any fencing located adjacent to a common area open spaces and on the street side
of all corner lots shall be an open fence style. If the buffer is designed so that the fence is visible
from the adjacent roadway,then the fence shall include decorative columns spaced a maximum of
60-feet apart. The applicant should be required to provide a revised fencing plan showing the
fencing along the south property line of the buffer area adjacent to West Floating Feather Road to
be open style fencing or 6-foot high vinyl fence with decorative columns spaced a maximum of
60-feet apart. Provide details showing the dimensions,materials,and colors of the open style
fence or the decorative columns. The revised fence plan and details should be reviewed and
approved by staff and one member of the Design Review Board prior to the submittal of a final
plat application.
• The fencing plan, Sheet L8.0, shows a solid 6-foot brown vinyl fence to be located along the
eastern property lines of Lots 1-13,Block 3,and Lot 2,Block 6. Pursuant to Eagle City Code
Section 9-3-10, any fencing located adjacent to a common area open spaces and on the street side
of all corner lots shall be an open fence style. If the buffer is designed so that the fence is visible
from the adjacent roadway,then the fence shall include decorative columns spaced a maximum of
60-feet apart. The applicant should be required to provide a revised fencing plan showing the
fencing along the west property line of the buffer area adjacent to North Delehaye Avenue to be
open style fencing or 6-foot high vinyl fence with decorative columns spaced a maximum of 60-
feet apart. Provide details showing the dimensions,materials,and colors of the open style fence
or the decorative columns. The revised fence plan and details should be reviewed and approved
by staff and one member of the Design Review Board prior to the submittal of a final plat
application.
• The application indicates the pool house and pump house are proposed to use building mounted
mechanical units,however,the building elevations do not show the location of any building
mounted mechanical units. Pursuant to Eagle City Code Section 8-2A-6(A)(5)(b),the location
and design of transformers,pad mount and roof mounted mechanicals and electrical equipment
shall be reviewed and approved by the design review board. All roof mounted mechanicals shall
be completely screened from view through the use of a parapet wall when utilizing a flat roof
design or shall be enclosed within the building when utilizing a roof design other than a flat roof.
"Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall
(e.g.,the perspective generally as shown on an elevation plan). The applicant should be required
to provide detailed elevation plans showing the location of all building mounted mechanical units
on the pool house and pump house. The building mounted mechanical units should be screened
from view The revised elevations should be reviewed and approved by staff and two members of
the Design Review Board prior to the submittal of a final plat application.
• The landscape plan(Sheet L3.0),the Elevation plan,and the Floor/Roof plan showing the layout
of the pool house do not match. The landscape plan shows the pool house restrooms to be
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accessed from the north side of the building and the floor/roof plan show access to the restrooms
to be from the south. The columns for the overhang over the restroom entrance are not shown on
the landscape plan. The applicant should be required to provide a revised landscape plan,
elevation plan,and floor/roof plan, showing the location of the restroom,with columns,matching
and correctly depicted on the plans. The elevation plans should be labeled North, South,East,
and West. The revised landscape plan,elevation plan,and floor/roof plan should be reviewed and
approved by staff and one member of the Design Review Board prior to the submittal of a final
plat application.
• There is a temporary asphalt pathway providing connectivity from the sidewalk along Creek
Water Subdivision to the edge of pavement of West Floating Feather Road. The applicant should
work with the development to the west,Creek Water Subdivision,to remove the temporary
asphalt pathway that provides connectivity from the sidewalk to the edge of pavement of West
Floating Feather Road and replace with grass. The temporary asphalt pathway should be
removed prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 10, 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 common area landscaping and amentities as proposed with the conditions
provided herein.
BOARD DECISION:
The Board voted 5 to 0(Grubb and Merrill absent)to recommend approval of DR-35-23 for a design
review application for the common area landscaping and amenities within Centerra Subdivision,with the
following site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document,dated August 24, 2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 12, 2023, at
which time the Council made their decision.
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COUNCIL DECISION:
The Council voted 3 to 0(Russell absent)to approve DR-35-23 for a design review application for the
common area landscaping and amenities within Centerra Subdivision,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 A-04-22/RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22.
2. Provide a revised landscape plan showing a street tree to be planted within the streetscape of Lot 27,
Block 6.The revised landscape plan shall be reviewed and approved by staff prior to the submittal of a
final plat application.
3. Provide a revised fencing plan showing the fencing along the south property line of the buffer area
adjacent to West Floating Feather Road to be open style fencing or 6-foot high vinyl fence with
decorative columns spaced a maximum of 60-feet apart. Provide details showing the dimensions,
materials,and colors of the open style fence or the decorative columns. The revised fence plan and
details shall be reviewed and approved by staff and one member of the Design Review Board prior to
the submittal of a final plat application.
4. Provide a revised fencing plan showing the fencing along the west property line of the buffer area
adjacent to North Delehaye Avenue to be open style fencing or 6-foot high vinyl fence with
decorative columns spaced a maximum of 60-feet apart. Provide details showing the dimensions,
materials,and colors of the open style fence or the decorative columns. The revised fence plan and
details shall be reviewed and approved by staff and one member of the Design Review Board prior to
the submittal of a final plat application.
5. Provide detailed elevation plans showing the location of all building mounted mechanical units on the
pool house and pump house. The building mounted mechanical units shall be screened from view.
The revised elevations shall be reviewed and approved by staff and two members of the Design
Review Board prior to the submittal of a final plat application.
6. Provide a revised landscape plan,elevation plan,and floor/roof plan, showing the location of the
restroom,with columns,matching and correctly depicted on the plans. The elevation plans shall be
labeled North, South,East,and West. The revised landscape plan,elevation plan,and floor/roof plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
submittal of a final plat application.
7. The applicant shall work with the development to the west,Creek Water Subdivision,to remove the
temporary asphalt pathway that provides connectivity from the sidewalk to the edge of pavement of
West Floating Feather Road and replace with grass. The temporary asphalt pathway shall be removed
prior to the City Clerk signing the final plat.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
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13. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application and none are approved.
15. Provide material samples and colors to be used in the construction of the pool house,mailbox structure,
pump house and the columns for the fence. The material samples and colors shall be reviewed and
approved by staff and one member of the Design Review Board prior to the submittal of a final plat
application.
16. Provide detailed plans showing how and where the roof drainage is to be discharged from the pool
house structure. The detailed plans shall be reviewed and approved by staff and one member of the
Design Review Board prior to the submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
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.
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8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
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.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
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).
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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-35-23) 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.
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 amenities are permitted with the approval of
a design review application within the R-1-DA-P and R-3-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 and buildings
are designed to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—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
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 12th day of September 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
ason Pi rce,Mayor
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