Findings - CC - 2024 - DR-38-23 - Design Review for the Common Area Landscaping and Building Architecture within Dovetail Condos BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING AND BUILDING )
ARCHITECTURE WITHIN DOVETAIL CONDOS )
FOR EAGLE TAIL DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-38-23
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:
Eagle Tail Development, represented by Chad Palmer, is requesting design review approval of the
common area landscaping and building architecture(4-two-family dwellings)within Dovetail Condos.
The 1.58-acre site consisting of two lots (Lots 6 & 7, Block 2, Randall Acres Subdivision No. 15), is
located on the north side of East Dunyon Street approximately 300-feet east of the intersection of East
Dunyon Street and South Conover Street at 2056 and 2078 East Dunyon Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 26, 2023. Supplemental information
(elevations and landscape plans)was received December 13,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 31,2023,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 27, 2020, the City Council approved a rezone from R-4 (Residential) to R-6-DA
(Residential with a development agreement)to allow for four(4) two-family dwelling units (RZ-07-
20).
On April 27, 2021, the City Council approved a design review application for the common area
landscaping and building architecture within Dovetail Condos(DR-09-21). This application expired.
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 Compact Residential R-4(Residential) Single-family residences
Proposed No Change R-6-DA(Residential with a Four(4)two-family
development agreement) dwellings(Condominiums)
North of site Compact Residential R-4(Residential) Single-family dwellings
South of site Mixed Use MU(Mixed Use) Commercial and single-
family dwellings
East of site Compact Residential R-4(Residential) Single-family dwelling
West of site Compact Residential R-4(Residential) Single-family dwelling
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
There are numerous trees located on the site which are to be removed.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.58-acres(68,825-SF) 0.11-acres(5,000-SF)
Percentage of Site Devoted 34%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 52%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 52-parking spaces 20-parking spaces(minimum)
(24-parking spaces [8-three car (16-parking spaces [8-covered
garages],24-parking spaces [8- parking spaces],4-guest
driveways with parking for three cars], parking spaces**)
4-guest parking spaces located north of
unit 2)
Front Setback 20-feet* 20-feet(minimum)
Rear Setback 25-feet* 20-feet(minimum)
Side Setback 7.5-feet* 7.5-feet(minimum)
Side Setback 7.5-feet* 7.5-feet(minimum)
*Note:Setbacks are measured from the property line to the closest building and lot coverage calculated for the entire site.
**Note:Guest parking required within the development agreement(RZ-07-20).
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K. PARKING ANALYSIS:
Number of Units: 8
• Eagle City Code Section 8-4-5 requires the following parking for two-family dwellings: For each
unit-2 parking spaces(including 1 covered parking space).
Proposed Parking Spaces: 52
Required Parking Spaces: 20 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Two-family dwelling" and 4-parking spaces required pursuant to the development
agreement 3.6)
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct four(4)two-family dwelling units.
Height and Number of Stories of Proposed Buildings:
Units 1 and 2—22-feet and 8-inches high,one story.
Units 3 and 4—23-feet high, one story.
Units 5 and 6—26-feet and 6-inches,one and two story.
Units 7 and 8—22-feet and 4-inches,one story.
Gross Floor Area of Proposed Buildings:
Units 1 and 2= First Floor- 2,962-square feet/each
Unit 3 = First Floor- 2,751-square feet
Unit 4= First Floor- 3,028-square feet
Unit 5 = First Floor- 2,978-square feet
Unit 6= First Floor- 2,109-square feet
Second Floor- 1,204-square feet
Total- 3,313-square feet
Units 7 and 8= First Floor 3,026-square feet/each
Total square footage of all units= 21,020-square feet
On and Off-Site Circulation:
A 6,380-square foot(approximately)paved access drive provides access to each of the units.There will
be no parking allowed on the common access drive; however, there is parking in the garages and in
front of the garages of each unit, as well as four guest parking spaces provided at the western end of
the east/west common access drive. One 20-foot wide shared driveway is located on the south property
line providing access to East Dunyon Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Prairie School
Buildings 1 and 2:
Roof: Shingle(Appalachian Sky),Metal(Urban Bronze)
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Walls: Board and Batten and Hardi Board Lap Siding(Escape Gray and Aloof Gray), Stucco (Escape
Gray), Cultured Stone Ledge stone or Flagstone(Gray)
Windows/Doors: Aluminum and fiberglass(White)
Fascia/Trim: Wood(Pure White)
Buildings 3 and 4:
Roof: Shingle(Appalachian Sky),Metal(Urban Bronze)
Walls: Board and Batten,Hardi Board Lap Siding(Alabaster), Cultured Stone(Greige/Cream)
Windows/Doors: Aluminum and fiberglass(Black)
Fascia/Trim: Wood(Alabaster)
Buildings 5 and 6:
Roof: Shingle(Appalachian Sky),Metal(Urban Bronze)
Walls: Board and Batten and Hardi Board Lap Siding(Repose Gray), Stucco(Repose Gray),Cultured
Stone Ledge stone or Flagston(Gray Cobblefield)
Windows/Doors: Aluminum and fiberglass(White)
Fascia/Trim: Wood(Extra White)
Buildings 7 and 8:
Roof: Shingle(Appalachian Sky)
Walls: Hardi Board Lap Siding, and Stucco (Anew Gray), Cultured Stone Ledge stone or Flagston
(Gray Cobblefield)
Windows/Doors: Aluminum and fiberglass(White)
Fascia/Trim: Wood(Pure White)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are twenty-six trees located on the site.
The applicant is proposing to remove all twenty-six trees from the site. The trees to be removed are
Chokecherry,Maple,Catalpa,Elm,Poplars, Willow, and Conifer trees.
Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Chokecherry 13" Healthy Remove 13"
Maple 11" Healthy Remove 11"
Catalpa 33" Healthy Remove 33"
Catalpa 13" Healthy Remove 13"
Elm(10) Dead, dying, diseased and trash trees Remove N/A
Poplars(7) Trash trees Remove N/A
Willow(2) Trash tree Remove N/A
Conifer 23' Healthy Remove 23'
Subalpine Fir
Conifer 20' Healthy Remove 20'
Subalpine Fir
Conifer 20' Good health Remove 20'
Subalpine Fir
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Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site 70"
Total height removed from the site 63'
Total caliper inches proposed for mitigation 18"
Total height proposed for mitigation 40'
Tree Replacement Calculations: The applicant is proposing to plan an additional 9 deciduous trees and
an additional 10 evergreen trees within the development. The 9 additional deciduous trees equate to
18-caliper inches and the 10 additional 4-foot tall evergreen trees equate to 40-feet of trees being
planted within the development to mitigate for 18-inches of the 70-caliper inches of deciduous trees
being removed and 40-feet of the 63-feet of evergreen trees being removed. See discussion on page 11
for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along East Dunyon Street.
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 is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to screened with landscaping on the sides and vinyl fencing. No roof
top mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A site lighting plan showing location, height, and wattage has been submitted and will be required to
comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved prior to the construction of any signs the site.
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
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Mature Trees—yes—see sheet L 1
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:
The following agencies have responded and their correspondence is attached within the staff report.
Eagle Fire Department
Eagle Historic Preservation Commission
Eagle Park,Pathway,and Recreation
Eagle Sewer District
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:
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;
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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:
Compact Residential
Suitable for single-family residential, row houses,duplex and four-plexes.Densities range from 4
units per acre to 8 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 Owner shall be required to submit a lot line adjustment application to remove the common side
lot line located between Lots 6 and 7, Block 2, Randall Acres No. 15 (Property). The lot line
adjustment shall be reviewed and approved by the City prior to recordation of the lot line
adjustment record of survey. The recorded lot line adjustment record of survey shall be provided
to the City prior to issuance of a zoning certificate for construction of the two-family dwellings.
3.5 Owner shall submit a design review application showing at a minimum: 1)two-family dwelling
elevations,2)planting details within all open areas throughout the development and the driveway
planter islands,3)elevation plans for all proposed open area structures and irrigation pump house
(if proposed),4)landscape screening details of the irrigation pump house(if proposed),5)useable
amenities such as picnic tables,covered shelters,benches,garden boxes,gazebos,and/or similar
amenities (if proposed), 6) all proposed fencing throughout the development, and 7) proposed
development signage. The design review application shall be reviewed and approved by the
Design Review Board and City Council prior to issuance of a zoning certificate for construction
of the two-family dwellings.
3.6 Owner shall provide a minimum of four (4) additional onsite guest parking spaces. The guest
parking area shall be reviewed and approved by the Design Review Board and City Council prior
to issuance of a zoning certificate for construction of the two-family dwellings.
3.7 Owner shall submit a stormwater drainage plan to be reviewed and approved by the City Engineer
prior to the construction of the private drive aisle and/or the first two-family dwelling unit on the
Property.
3.8 The two-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"D".
To assure compliance with the conditions of approval herein,the City reserves the right to deny,
at its discretion,any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit"D".If a building permit is denied,the applicant shall have
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the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.16 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify,at a minimum, species, size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
C. 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)
Utilities:Utility service systems shall not detract from building or site design.Cable,electrical,and
telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(A)(6): Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be compatible
and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment, to provide shadow
relief.Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use,and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered;and
e. Allowed Architectural Styles:The architecture styles provided in the EASD book are approved
examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-2A-6(B)(2): Roofs:
e. Metal; standing seam,batten seam(concealed fasteners required);
Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road.
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• Eagle City Code Section 8-2A-6(B)(3): Fences:
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.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a.Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a.Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple.Trees which are weak wooded,weak branched,suckering,damaged,diseased,insect
infested,or containing similar maladies may be exempt from replacement if removal is first
approved by the city.
e.Planting within public rights of way shall be with approval from the city and the public entity
owning the property.
• 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 II)trees shall be required between the sidewalk and street
to provide a canopy effect over streets.
• Eagle City Code Section 8-4-4-2(A)(5)(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.
• Eagle City Code Section 8-4-4-2(A)(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.
• 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 II)trees shall be required between the sidewalk and street
to provide a canopy effect over streets.
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D. DISCUSSION:
• The applicant is requesting design review approval to construct four,two-family dwelling units
and the common area landscaping within Dovetail Condos. The applicant's justification letter
states the facades of the homes are modeled after the English Cottage style of architecture as
noted within the Eagle Architecture and Site Design book. The design includes stone walls,
stucco, gables and hip roofs,varying materials for doors, single story with the exception of one
unit,and use of neutral/natural earth tones.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity.Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e),the proposed buildings should be
designed to 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, and 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. Staff
defers comment of the proposed buildings regarding the harmonious nature and relationship of
the building to the surrounding vicinity to the Design Review Board.
• There is overhead power located along the frontage of this development. Pursuant to Eagle City
Code 8-2A-6(A)(5),utility service systems shall not detract from building or site design. Cable,
electrical,and telephone service systems shall be installed underground. The applicant should be
required to provide a revised site and landscape plan showing the overhead power located along
the frontage of this development to be located underground. The revised site and landscape plan
should be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
• The applicant is proposing a decorative metal roof over several of the front windows of the homes.
The plans do not specify if the metal roof will have concealed fasteners. Pursuant to Eagle City
Code Section 8-2A-6(B)(2), metal roofs; standing seam, batten seam (concealed fasteners
required). The applicant should be required to provide revised building elevations showing the
metal roof to have concealed fasteners. The revised building elevations should be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
• The landscape plans show a six foot vinyl fence to be located around the perimeter of the
development. Pursuant to Eagle City Code Section 8-2A-6(B)(3), 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. Staff defers comment regarding the style of
fence to the Design Review Board.
• There are twenty-six trees located on the site, the applicant is proposing to remove all twenty-six
trees from the site. The trees to be removed are Chokecherry, Maple, Catalpa, Elm, Poplars,
Willow,and Conifer trees. The applicant is removing 70-caliper inches and 63-veritcal feet of trees
from this site. The applicant is proposing to mitigate 18-caliper inches by installing nine, 2-inch
caliper trees and 40-vertical feet by installing 10, 4' tall evergreen trees. Pursuant to Eagle City
Code Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is
approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a),where trees
are approved by the City to be removed, replacement with a species identified in section 8-2A-7Q
of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount
of caliper inches shall be replanted.For each vertical foot of coniferous tree removed,an equivalent
amount of vertical feet shall be replanted.
Staff defers comment regarding the removal of the 26 trees to the Design Review Board.
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If the City approves the removal of the trees and does not required additional mitigation, no
additional trees are required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 52-caliper inches and 23-
vertical feet of tree (26, 2-inch caliper trees and 4, 6-foot evergreen trees) planted on site. The
revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt to
pay an in lieu fee into the tree fund in the amount of$10,480.00 (52-caliper inches x$175.00 per
caliper inch and 23-vertical feet x $60.00 per vertical foot). The payment to the tree fund should
be received by the City prior to the issuance of a zoning certificate.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
• Sheet L2 shows on the plan view three streetlights to be located within the development and
indicates the height of the streetlights to be 25-feet;however,there is a note under the details of the
streetlight indicating the streetlights are not to exceed 20-feet in height. Pursuant to Eagle City
Code Section 8-4-4-2(A)(5)(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. The
applicant should be required to provide detailed cutsheets showing the height of the streetlight
fixtures do not exceed 15-feet and a revised plan view removing the reference to "25-feet" or
modifying the plan to indicate the streetlights are 15-feet tall.The detailed cutsheets and plan view
should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• Sheet L1 shows the location where the mailboxes are to be located between Lots 4 and 5;however,
an elevation showing what the mailboxes are to look like and if they are to be located within any
type of structure has not been provided. The applicant should be required to provide detailed plans
showing the style of the mailboxes and any structure they are located within. The mailbox style
and structure should be reviewed and approved by staff and one member of the Desing Review
Board prior to the issuance of a zoning certificate.
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 staff's presentations,the Board discussed during deliberation that:
• The Board supports the removal of the existing trees,is in favor of the landscape plan as submitted with
the proposed tree canopy,and recommends the applicant pay an in lieu fee into the city tree fund rather
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than trying to plant additional columnar trees on this site to meet any tree mitigation.
• The Board is in favor of the cluster mailboxes having a covered structure as stated in condition number
8.
• The Board is in favor of the architecture, materials, and colors proposed on the two-family dwelling
structures.
BOARD DECISION:
The Board voted 5 to 0(Mihan and Greer absent)to recommend approval of DR-38-23 for a design review
application for the common area landscaping and building architecture of Dovetail Condos, 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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-38-23 for the common area landscaping and building architecture
of Dovetail Condos, 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 RZ-07-20.
2. A lot line adjustment application shall be reviewed and approved prior to the issuance of a zoning
certificate.
3. Comply with all conditions of the Eagle Fire Department.
4. Provide a revised site and landscape plan showing the overhead power located along the frontage of
this development to be located underground. 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.
5. Provide revised building elevations showing the metal roof to have concealed fasteners. The revised
building elevations shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
6. The City approves the removal of the trees and does required mitigation,the applicant may opt to pay
an in lieu fee into the tree fund in the amount of$10,480.00 (52-caliper inches x$175.00 per caliper
inch and 23-vertical feet x$60.00 per vertical foot). The payment to the tree fund shall be received
by the City prior to the issuance of a zoning certificate.
7. Provide detailed cutsheets showing the height of the streetlight fixtures do not exceed 15-feet and a
revised plan view removing the reference to"25-feet"or modifying the plan to indicate the streetlights
are 15-feet tall. The detailed cutsheets and plan view shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
8. Provide detailed plans showing the style of the mailboxes and covered structure they are to be located
within. The mailbox style and covered structure shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
9. All ground mounted mechanical units, transformers, cable, and phone boxes shall be screened by
landscaping per Eagle City Code.
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10. 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.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
13. Paint all roof vents to match the color of the roof.
14. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application and none are approved.
16. Provide detailed elevation plans of the gazebo structure showing the style,color,materials,etc. Provide
a revised landscape plan showing the location of the gazebo. The elevation and landscape plans shall
be reviewed and approved by staff and one member of the Design Review Board prior to the issuance
of a zoning certificate.
17. Provide a revised fence detail showing the fence to be constructed of a composite material. The revised
fence detail shall be reviewed and approved by staff and one member of the Design Review Board prior
to the issuance of a zoning certificate.
18. Provide a revised landscape plan showing trees that are not as susceptible of Phytophthora Bleeding
Canker. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
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.
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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
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
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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.
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.
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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-38-23) 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 two-family dwellings are permitted with the approval of a design review
application within the R-6-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 and building
architecture is designed to enhance 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 since the site has adequate parking for the proposed
two-family dwellings;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
buildings are designed to meet the Prairie School style of architecture identified in the Eagle
Architecture and Site Design Book;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
two-family dwellings are in conformance with the Eagle Architecture and Site Design book and
have been designed to enhance the vicinity;
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F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed two-family dwellings heights do not exceed 35-feet permitted
within Eagle City Code;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with a sidewalk adjacent to East Dunyon Street and the driveway into the site has been
designed with sidewalks on both sides of the driveway to allow for both pedestrian and vehicles
access to the site;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area since the
sidewalks provide access to the buildings;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
Bra e,Mayor
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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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