Findings - CC - 2024 - DR-43-21 MOD3 - Design Review for a Modification to the Common Area Landscaping, Amenities, and Pool House within Arvory Crest BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A MODIFICATION )
TO THE COMMON AREA LANDSCAPING, )
AMENITIES,AND POOL HOUSE WITHIN )
ARVORY CREST SUBDIVISION FOR LENNAR )
HOMES OF IDAHO )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-21 MOD3
The above-entitled design review application came before the Eagle City Council for their action on
February 27,2024. 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:
Lennar Homes of Idaho,represented by Makayla Murphy with EV Studios, is requesting design review
approval to modify the common area landscaping, amenities, and pool house within Arvory Crest
Subdivision. The 80.2-acre site is located on the southeast corner of West Floating Feather Road and
State Highway 16 at 1252 North Highway 16.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 29,2023.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On July 14, 2009, the City Council approved an annexation and rezone with development agreement
for Eagle Sports Legends Investments#2,LLC (the subject property was recognized as an expansion
parcel within the development agreement associated with the Legacy Planned Community[Ada County
instrument#1061619901)(A-03-09/RZ-03-09).
On September 14,2021,the City Council approved a conditional use permit,preliminary development
plan, and preliminary plat for Arvory Crest Subdivision, a 249-lot (231-buildable, 18-common)
residential planned unit development(CU-02-21/PPUD-02-21/PP-04-21).
On December 12, 2021, the City Council approved a design review application for the common area
landscaping within Arvory Crest Subdivision(DR-43-21).
On December 12, 2021, the City Council approved a design review application for one subdivision
entry feature and seven subdivision entry monument signs for Arvory Crest Subdivision(DR-44-21).
On July 26, 2022, the City Council approved a design review application for 82 townhome buildings
[164-units] within Arvory Crest Subdivision(DR-43-21 MOD).
On June 5,2023,the City approved a design review application to modify the streetscape and common
area adjacent to West Floating Feather Road(DR-43-21 MOD2).
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E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-2-DA(Residential with a Residential Subdivision
Residential development agreement)
Proposed No Change No Change No Change
North of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation) and agriculture
R-2-DA(Residential with a Vacant parcel
development agreement) (Agriculture)
South of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation)
R-2-DA-P(Residential with a Single-family residential
development agreement— subdivision(Snoqualmie
PUD) River Subdivision No.4)
East of site Neighborhood RUT(Rural-Urban Transition Single-family residence
Residential —Ada County designation)
R-2-DA-P(Residential with a
development agreement—
PUD)
West of site Mixed Use(Star R-3-PUD-DA(Residential— Rosti Farms Subdivision
designation) PUD—with a development
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site improvements are currently under construction.
J. SITE DATA:No change.
Total Acreage of Site—80.2-acres
Total Number of Lots—249
Residential—231
Commercial—0
Industrial—0
Common— 18
Total Number of Units-231
Single-family(detached)—66
Single-family(attached)— 165
Multi-family—0
Total Acreage of Any Out-Parcels—0
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K. GENERAL SITE DESIGN FEATURES:No change.
Landscape Screening:
As required pursuant to Eagle City Code Section 8-2A-7(J)(4)(a-c) and Condition of Development
#3.11 of the executed development agreement(Ada County instrument#2018-030159), the applicant
will provide buffer areas located along State Highway 16, West Floating Feather Road, and North
Hamlin Avenue.
Open Space:
A total of 25.79-acres (32.1%) of common area open space (18-common lots) is proposed within the
planned unit development. The preliminary plat and development plan, date stamped by the City on
July 7, 2021, shows a centralized 1.21-acre common area open space (Lot 1, Block 4) that features a
community pool with changing rooms,two(2)pickleball courts,and community parking in proximity
to the pool and pickleball courts. The preliminary plat and development plan also shows a 4.72-acre
common area open space located at the northwest corner of the development which will contain a
community dog park and community park. Several of the common open space areas contain pathways
which provide interconnectivity throughout the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat and development plan,date stamped by the City on July 7,2021,notes the required
public utility, drainage, and irrigation easements. The rear lot line and interior side lot line easements
have been reduced in width to allow for the reduced setbacks.The applicant is required herein to place
all utilities underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The water system will
be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon
completion by the applicant and acceptance by the City.
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.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Prairie School
Club House(21-feet tall, 1,211-square feet)
Roof: TPO(Slate Gray),metal(Dark Bronze)
Walls: vertical wood(Spanish Walnut), stone veneer(Monument), metal (Quartz-Zinc), Tile (Emser-
xtra Tray Beige)
Windows/Doors: aluminum(Dark Bronze)
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Fascia/Trim: metal(Dark Bronze),wood posts(Spanish Walnut)
Pool Mechanical and Storage Room(11-feet tall,408-square feet)
Roof: TPO(Slate Gray)
Walls: vertical wood(Spanish Walnut)
Windows/Doors: aluminum(Dark Bronze)
Fascia/Trim: metal(Dark Bronze)
Pump House(11-feet tall, 600-square feet)No change.
Roof: TPO(Slate Gray)
Walls: vertical wood(Spanish Walnut), stone veneer(Monument)
Windows/Doors: aluminum(Dark Bronze)
Fascia/Trim: metal(Dark Bronze),wood posts(Spanish Walnut)
Mailbox Cover(11' 3"tall)No change.
Roof: composite Slat(natural wood)
Walls: stone veneer(Sierracut 24)
N. LANDSCAPING DESIGN:No change.
Retention of Existing Trees and Preservation Methods: There are 38 existing trees adjacent to the east
property line that are proposed to be removed. Below is a list of all existing trees proposed to be
removed from the site as identified on sheet L2.00,date stamped by the City on October 27,2021.
Tree Caliper/ Condition Remove/ Replacement
Specie Height Retained Inches/Feet per ECC
Juniper 20'/per Unmaintained,health with good growth Remove 760'
38 total tree
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and City
Council
Total caliper inches proposed for mitigation 819'
Tree Replacement Calculations:
The applicant is proposing to remove 38-existing juniper trees from the site.The applicant is proposing
to plant 126-skyrocket(819-feet of height)junipers along the eastern property line to mitigate for the
trees.No additional mitigation is required.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the development and along West Floating Feather
Road.
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:N/A
Q. OUTDOOR LIGHTING:
A lighting plan showing the location of streetlights and detailed lighting cutsheets showing the height,
illumination type,wattage,etc.has been provided and will be required to comply with Eagle City Code
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Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-44-21) was
approved for signs proposed within the subdivision.
S. 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.
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—along the eastern property line
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:N/A
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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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 Residential
Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per
acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.15 Public art, water features, or other features of interest and pedestrian amenities which
encourage pedestrian use (e.g., outdoor drinking fountains, benches, and tables) shall be
constructed on the Owner's Remaining Property, as generally depicted in Exhibit G attached
hereto and incorporated herein.
C. PRELIMINARY DEVELOPMENT PLAN/PRELIMINARY PLAT CONDITIONS OF APPROVAL
WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
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8. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands, and all common areas throughout the subdivision, 3)building elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house, 5)useable amenities such as picnic tables,covered
shelters,benches,gazebos,and/or similar amenities, and 6)proposed style of fencing. The design
review application shall be reviewed and approved by the Eagle Design Review Board and Eagle
City Council prior to the submittal of final development plan and final plat applications.
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(B)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent,and shall include special design treatments to enhance its
appearance.These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the building
oriented toward the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped,designed,
and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection.
• Eagle City Code Section 8-2A-6(B)(4): Decks and Patios:
a. Concrete(stamped finish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood(pressure treated,redwood).
E. DISCUSSION:
• On December 14,2021,the common area landscaping within Arvory Crest Subdivision,
including a 1,390-square foot pool house, pool, and mechanical room within Lot 1,Block 4
(Arvory Crest Subdivision No. 2)was approved.
The approved design review includes:
• Pool and common lot area
o a club house with restrooms,kitchen,and storage
o an outdoor grill and kitchen sink
o a pool mechanical room
o pool and hot tub
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o fire pit and bench area
o planters around the fire pit and incorporates around the outdoor patio frontage of the
mechanical room
o stamped concrete pool deck
The applicant is proposing to modify the common area landscaping within Lot 1, Block 4,
including the pool house and pool.
The proposed design review modification includes:
• Pool and common lot area
o firepit and bench area removed
o bump out was removed and the gate now goes straight across the back side of the
pool area
o stamped concrete is now a tinted concrete
o pool mechanical room was extended to the east 12-feet to add a room for storage
o pool entry gate shifted to the east instead of being centered
o outdoor sink in the grill area was removed
o interior floor plan for kitchen rearranged
o door between the kitchen and main clubhouse room was replaced with an opening.
o A gate was added on the west fence of the pool area
o planters along the fire pit area,outdoor patio,and front pool entrance gate were
remove
o landscaping around the pool area was modified
Staff defers comment regarding the design,materials,and colors of the buildings, landscaping,
and proposed modifications to the Design Review Board.
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 January 25, 2024,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the applicant's revised landscape plan and clubhouse elevations.
• The Board is in favor of the removal of the firepit and planters since the pool house area still includes
multiple amenities.
BOARD DECISION:
The Board voted 4 to 1 (Merrill against;Mihan and Greer absent)to recommend approval of DR-43-21
MOD3 for a design review application for a modification to the common area landscaping, amenities,and
pool house within Arvory Crest 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 February 8,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 27,2024,at which
time the Council made their decision.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-43-21 MOD3 for a design review application for a modification
to the common area landscaping, amenities, and pool house within Arvory Crest Subdivision, with the
following Design Review Board recommended site specific conditions of approval and standard conditions
of approval with text shown with underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-02-21/PPUD-02-21/PP-04-21,DR-43-21 and subsequent
modifications.
2. 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.
3. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
4. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
5. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
6. No signs are proposed with this application and none are approved.
7. Provide a revised landscape plan and fence detail showing the fencing around the pool area to be a
maximum of 6-feet in height. The revised landscape and fence detail plan shall be reviewed and
approved by staff prior to issuance of a zoning certificate.
8. Provide a revised site and landscape plan showing the addition of raised planters around the outdoor
patio area(located at the northeast corner of the building)and adjacent to the pool mechanical/storage
building(east side of the building).The revised site and landscape plan shall be reviewed and approved
by staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
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.
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6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
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
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property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
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.
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23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-43-21 MOD3)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 is permitted with the approval of a design review
application within the R-2-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping 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;
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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.
DATED this 27th day of February 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad P e,Mayor
CITY 0,'%
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racy E. O , agle City Clerk yj•. -9� •
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Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis.
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