Findings - CC - 2024 - DR-2024-09 - Everton Sub Common Area Landscaping and AmenitiesBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING AND )
AMENITIES WITHIN EVERTON SUBDIVISION )
FOR TH LOST RIVER, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-09
The above -entitled design review application came before the Eagle City Council for their action on May
14, 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:
TH Lost River, LLC, represented by Stephanie Hopkins with KM Engineering, LLC, is requesting
design review approval of the common area landscaping, clubhouse, pool, mailbox cluster, and
irrigation pump house within Everton Subdivision. The 76.85-acre site is located on the northeast
corner of State Highway 44 and North Palmer Lane at 320 North Palmer Lane (Ada County Assessor
parcel numbers SO410427820 and SO410438600).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 29, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 4, 2024, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 12, 2023, the Eagle City Council approved an annexation, rezone from RUT (Rural -
Urban Transition — Ada County designation) to R-1-DA-P P (Residential with a development
agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6-DA-P
(Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a
development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for Everton Subdivision (A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-
02-23).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Neighborhood
Residential, Residential
Transition Overlay, and
Scenic Corridor
RUT (Rural -Urban Transition
— Ada County designation)
Single-family residence
and agriculture
Proposed
No Change
R-1-DA-P, R-4-DA-P, and R-
6-DA-P (Residential with a
development agreement —
PUD) and C-2-DA-P
(General Business District
with a development
agreement — PUD)
Single-family (attached
and detached) residential
and commercial planned
unit development
North of site
Neighborhood
Residential
R-2-DA-P (Residential with a
development agreement —
PUD)
Single-family residential
subdivisions (Snoqualmie
Falls Subdivisions part of
the Legacy development)
South of site
Professional
Office/Business Park and
Scenic Corridor
RUT (Rural -Urban Transition
— Ada County designation)
Single-family residential
subdivision (Honalee
Subdivision)
East of site
Neighborhood
Residential, Residential
Transition Overlay, and
Scenic Corridor
RUT (Rural -Urban Transition
— Ada County designation)
Single-family residences
located within an unplatted
parcel and a single-family
residential subdivision
(Lincoln Park Subdivision)
West of site
City of Eagle
Mixed Use and
Residential Transition
Overlay
City of Star
Commercial, Mixed Use,
and Neighborhood
Residential
RUT (Rural -Urban Transition
— Ada County designation)
Proposed Cascade Springs
Subdivision (Single-family
detached and attached
residential), proposed
Fountain Park Subdivision,
single-family residence,
and agricultural properties
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS:
There is an existing residential dwelling and several out structures located on the site. The site has been
used for agricultural purposes.
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J. SITE DATA:
Total Acreage of Site — 76.85-acres
Total Number of Lots — 239
Residential — 210 (136 single-family detached and 74 single-family
attached)
Commercial — 11
Industrial — 0
Common — 18 (inclusive of 3 shared driveways)
Total Number of Units — 210
Single-family — 136
Single-family attached — 74
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
3.02-dwelling units/acre (not
inclusive of the commercial
area)
2.99-dwelling units/acre (as limited
by the development agreement)
Minimum Lot Size
2,880-square feet (R-6)
6,050-square feet (R-4)
22,504-square feet (R-1)
21,792-square feet (C-2)
1,600-square feet (R-6) 8,000-
square feet (R-4) 37,000-square
feet (R-1)
1,300-square feet (C-2)
Except that a decrease of
minimum lot size in a subdivision
may be allowed if there is an
offsetting increase of the same
percentage in open space and a
planned unit development is
applied for and approved) —
pursuant to ECC Section 8-6-6-5
(A). The offsetting increase of the
required percentage in open space
has been provided.
Minimum Lot Width
30-feet (R-6)
50-feet (R-4)
130-feet (R-1)
110-feet (C-2)
20-feet (minimum) (R-6)
70-feet (minimum) (R-4) 100-
feet (minimum) (R-1)
25-feet (minimum) (C-2)
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Additional Site Data
Proposed
Required
Minimum Street Frontage
30-feet
0-feet (accessed from shared
driveway)
20-feet (R-6)
35-feet (R-1 and R-4)
Total Acreage of Common
Area Open Space*
20.87-Acres (inclusive of
planter strips)
14.02-acres (minimum)
Percent of Site as Common
Area Open Space
27.1%
20% (minimum)
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
Open Space as Active Open
Space
61% (12.81-acres)
15% (minimum) (2.1-acres)
* A reduction in minimum lot sizes may be permitted within a planned unit development with an offsetting increase in open
space.
K. PARKING ANALYSIS: N/A
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 50-foot-wide landscape buffer between North Palmer Lane and the
residential portion of the development. The proposed width of the buffer area is in conformance with
Eagle City Code section 8-2A-7(J)(4)(a).
Common Area Open Space:
A total of 20.87-acres, approximately 27.1% of open space, is proposed within the residential
subdivision. Approximately 12.81-acres (61 %) of the proposed open space is "Open Space, Active" as
defined by Eagle City Code Section 9-1-6. The open space consists of common lots containing
amenities, tot lot, pickleball courts, swimming pool, pathways, and planter strips as shown on the
preliminary landscape plan, date stamped by the City on September 15, 2023.
Commercial Area:
The development will contain 11-commercial lots consisting of 6.72-acres in area. The lots vary in size
from 21,792-square feet to 39,131-square feet with an average lot size of approximately 26,614-square
feet. The applicant is requesting a C-2-DA-P (General Business District with a development agreement
— PUD) zoning designation to allow for uses more intensive than those permitted within a C-1
(Neighborhood Business District).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
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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. The proposed
easement widths are in conformance with Eagle City Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the joint Middleton and Star Fire Protection
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
The site contains an existing residential dwelling. The applicant will be required to provide proof
indicating the septic system has been abandoned.
Pressurized Irrigation:
The applicant provided a revised Pressure Irrigation Report, date stamped by the City on May 12, 2023,
which has been reviewed and recommended for approval by the City Engineer (attached to the staff
report).
Preservation of Existing Natural Features:
There are a few mature trees located in proximity to the existing dwelling centrally located along North
Palmer Lane. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value
to residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
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.
Number and Uses of Proposed Buildings:
The applicant is proposing to construct eight (8) buildings to be utilized as a pool house, cabanas (4),
pump house, and a mailbox structure (2).
Height and Number of Stories of Proposed Buildings:
Pool House — 22' 4", single -story
Cabanas (4) — 14' 10", single -story
Pump House — 15' 11", single -story
Mailbox structure (2) — 8' 9", single -story
Gross Floor Area of Proposed Buildings:
Pool House — 600-square feet
Cabanas (4) — 100-square feet
Pump House — 144-square feet
Mailbox structure (2) — 25-square feet
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On and Off -Site Circulation:
A 4,200-square foot (approximately) paved parking lot is proposed near the pool house and mailbox
structures. One 25-foot wide driveway is located on the north property line providing access to
Eagledale Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Metal (Tricorn Black)
Walls: Board and Batt (SW Roycroft Bronze Green), Stone (Orchard Limestone Alpaca,
Windows/Doors: Metal (Black)
Fascia/Trim: Metal (Tricorn Black)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 17 existing trees and the applicant is
proposing to remove all 17 trees. The trees identified to be removed are Spruce, Crab Apple, Green
Ash, and Elm.
Tree
#
Tree Specie
Caliper/
Height
Condition
Remove/
Retained
Replacement
Inches/Feet per
ECC
1
Siberian elm
16"
Undesirable
Remove
16"
2
Spruce
20'
Poor condition
Remove
20'
3
Spruce
20'
Poor condition
Remove
20'
4
Spruce
60'
Good condition
Remove
60'
5
Spruce
50'
Good condition
Remove
50'
6
Spruce
50'
Good condition
Remove
50'
7
Crab Apple
30"
Good condition
Remove
30"
8
Green Ash
6"
Good condition
Remove
6"
9
Green Ash
4"
Good condition
Remove
4"
10
Green Ash
4"
Good condition
Remove
4"
11
Green Ash
8"
Good condition
Remove
8"
12
Green Ash
8"
Good condition
Remove
8"
13
Green Ash
6"
Good condition
Remove
6"
14
Green Ash
12"
Good condition
Remove
12"
15
Green Ash
12"
Good condition
Remove
12"
16
Green Ash
14"
Good condition
Remove
14"
17
Green Ash
14"
Good condition
Remove
14"
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
134"
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Total feet removed from the site
200'
Total caliper inches proposed for mitigation
184"
Tree Replacement Calculations: The applicant is proposing to plant 92, 2-inch caliper trees to mitigate
for the 134-caliper inches and 200-feet of trees being removed from this site. See discussion on page
15 for more information.
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:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 0% interior landscaping is required, 11% is proposed.
O. TRASH ENCLOSURES: N/A
P. MECHANICAL UNITS:
The pool equipment is proposed to be located within the pool house. No ground mounted or roof top
mechanical units are proposed and none are approved.
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.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
submitted and approved for the approval of signs proposed within this development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Star Fire District has not 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:
Q.
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
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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 to the staff report.
Department of Environmental Quality
Eagle Fire Department
Eagle Historic Preservation Commission
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;
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
g.
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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.
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.
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. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.7 Owner shall submit a design review application(s) showing at a minimum: 1) proposed
development signage, 2) planting details within all common areas throughout the development,
3) elevation plans for all proposed common area structures and irrigation pump house (if
proposed, and 4) useable amenities such as pool house, tot lot, picnic tables, covered shelters,
benches, gazebos, and/or similar amenities.
Building placement shall be designed such that parking areas are not concentrated between the
buildings and roadways having a collector status or higher. Commercial/retail buildings, single-
family attached dwellings, and common area amenities shall be required to meet the design
review requirements as set forth in the Eagle Architecture and Site Design (EASD) Book. Eagle
Design Review Board and Eagle City Council approval of the detailed architectural plans is
required prior to the issuance of building permits for commercial/retail buildings, single-family
attached dwellings, common area amenities, pumphouse for irrigation, and structures located
within the Subdivision Common Area (as shown on Exhibit C).
The design review application(s) shall be reviewed and approved by the Design Review Board
and City Council prior to the submittal of a final plat application.
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3.8 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
9. 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. The CC&Rs shall contain a provision
granting the City access to install the required street trees within the 8-foot-wide planter strip in the
event the City has to utilize the surety for installation of the street trees.
10. The developer shall provide a detailed arborist report and a 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. All living trees shall be preserved, unless otherwise determined by the Design Review
Board and the City Council. A detailed landscape plan showing how the trees will be integrated
into the open space areas or private lots (unless approved for removal by the City Council) shall be
provided for City Council final 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. No trees shall be removed
from the site prior to city approval of a tree removal and replacement plan.
11. Provide a revised fence plan showing all fencing located adjacent to common areas and the street
side of all common lots to be in conformance with Eagle City Code Section 9-3-10. The revised
fence plan shall be submitted prior to submittal of a design review application.
12. The applicant shall provide a revised Site Plan Exhibit — Street Lighting showing streetlights
located at the street intersections and bollard lighting located where the pathways intersect the
streets.
15. The applicant shall bury all above ground utilities (other than transmission lines within the right of
way) prior to the City Clerk signing the first final plat. (ECC 9-4-1-8)
17. The applicant shall install landscape (sod) to within 9-feet of the paved surface of State Highway
44 and maintain it in perpetuity. If ITD requires additional right-of-way adjacent to State Highway,
it is understood that the edge of paving may shift but that landscaping shall remain from 9-feet from
the edge of paving towards the subject property. The landscape plan shall consist of sodded turf
and be reviewed and approved by the Design Review Board and the City Council prior to
installation of the landscaping. The Owner shall provide an executed copy of the ITD license
agreement associated with the landscaping located within the right-of-way area. The landscaping
shall be installed prior to the City Clerk signing the first final plat.
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18. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to the City Clerk signing the final
plat. (ECC 9-4-1-2)
25. The applicant shall construct a six-foot (6') high privacy fence along the eastern property line. The
bottom of the privacy fence shall be constructed at an elevation grade commensurate with the grade
at the rear of the residential dwelling. The privacy fence shall be reviewed and approved by the
Design Review Board and City Council prior to installation of the privacy fence The privacy fence
shall be constructed prior to the City Clerk signing the final plat of the associated phase of the
subdivision.
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)(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.
• Eagle City Code Section 8-2A-6(B)(3): Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted
for use on school sites.
• Eagle City Code Section 8-2A-7(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
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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.
• Eagle City Code Section 8-2A-7(J)(4)(a)
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may
be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
• 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.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35)
linear feet of street frontage.
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.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section. Requests
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for use of alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a fmancial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified in
the application submitted under subsection 02 of this section. If the application is approved,
the amount to be contributed by the applicant will be based upon the total caliper inches of
deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed
from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous
trees shall be determined by resolution of the city council. The applicant shall have the right to
review and consider the value determination, and following said review, to reapply for other
alternative methods of compliance, without prejudice, in accordance with subsection 02 of this
section.
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
Everton Subdivision, a 239-lot (210 [136-single-family detached and 74-single family attached],
11-commercial, 18-common) residential and commercial planned unit development. Street trees
are proposed along the lot frontages. One 600-square foot pool house, four 100-square foot
cabanas, one 144-square foot pump house, and two 25-square foot mailbox structure are proposed
within the common area of this development. The pool house, cabanas, pump house, and mailbox
structures are utilizing the Craftsman style of architecture. There are ponds throughout the
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development, a tot lot, pickle ball courts, and pathways throughout the development as well as
along the drainage ditches. Staff defers comment regarding the design, materials, and colors of the
buildings to the Design Review Board.
The proposed building 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 building 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 building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The applicant is proposing to use metal roofs on the pool house, cabanas, pump house, and mailbox
structures. Pursuant to Eagle City Code Section 8-2A-6(B)(2), metal; standing seam, batten seam
shall have concealed fasteners. The applicant should be required to provide revised building
elevations of the pool house, cabanas, pump house, and mailbox structures showing the metal roof
to have concealed fasteners. The revised building elevations should be reviewed and approved by
staff prior to the submittal of a final plat application.
• The applicant is requesting approval of an alternative method of compliance for the required buffer
and berming along North Palmer Lane by proposing a 6-foot high stained decorative cedar fence
with cultured stone base and columns between the residential lots and the Middleton Mill Canal
(Lots 10-16, Block 9 as shown on Sheet PPL 12.0) and between the residential lot and the Drainage
Ditch (Lot 6, Block 4 as shown on Sheet PPL12.0). Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a), a minimum 5-foot high, maximum 8-foot high, berm, decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be
provided within the buffer area. Staff defers comment regarding the 6-foot high stained decorative
cedar fence with cultured stone base and columns between the residential lots and the Middleton
Mill Canal (Lots 10-16, Block 9 as shown on Sheet PPL12.0) and between the residential lot and
the Drainage Ditch (Lot 6, Block 4 as shown on Sheet PPL12.0) to the Design Review Board.
• There are 17 existing trees located throughout the site and the applicant is proposing to remove all
17 trees. The trees identified to be removed are Spruce, Crab Apple, Green Ash, and Elm. A total
of 134-caliper inches of deciduous and 200-feet of evergreen trees are proposed to be removed
from the site. Sheet PPL11.0, indicates 92, 2-inch caliper trees to be planted throughout the
development to mitigate for 184-caliper inches of tree being removed, leaving 16-caliper inches of
trees not being mitigated for within the development. Staff is not in agreement with the applicant's
proposed tree mitigation shown on Sheet PPL11.0. The trees they are showing highlighted in green
they are stating are not required trees and are being counted towards their mitigation. Based on
Eagle City Code Section 8-2A-7(M) which states in part... shade class trees shall be located on both
sides of all streets within the 8-foot 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 3 5-feet to a maximum of 80-feet of street frontage. The
areas they are showing trees to mitigate for the trees removed are trees that are required based on
Eagle City Code Section 8-2A-7(M).
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)(c), unless it is determined by the City that replacement is necessary to preserve and/or
restore riparian and wildlife habitat, removal of black locust, poplar, cottonwood, willow, tree of
heaven, elm, and silver maple trees do not require replacement. 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. Pursuant to Eagle City Code
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Section 8-2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of
caliper inches is required to be replanted and for each vertical foot of coniferous tree removed, an
equivalent amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the 17 trees to the Design Review Board.
If the City approves the removal of the trees and does not require 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 134-caliper inches of tree (67,
2-inch caliper deciduous trees) and 200-feet of tree (33, 6-foot tall evergreen trees) planted on site.
The revised landscape plan should be reviewed and approved by staff prior to the submittal of a
final plat application.
-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 $35,450.00 (134-caliper inches x $175.00 per
caliper inch and 200-vertical feet x $60.00). The payment to the tree fund should be received by
the City prior to the submittal of a final plat application.
-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.
• The landscape plan does not show any street trees along the entire frontage of North Palmer Lane.
Pursuant to Eagle City Code Section 8-2A-7(M)(1&2), 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. Additionally,
in all required applications, excluding residential developments, one street tree, selected from the
approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of
street frontage. The applicant should be required to provide a revised landscape plan showing street
trees within the 8-foot wide parkway planter along the entire frontage of North Palmer Lane. The
revised landscape 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 11, 2024, at
which time the Board made their decision.
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BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that:
• The Board is in favor of the alternative method of compliance utilizing a 6-foot high decorative fence
with cultured stone base and columns along North Palmer Lane and adjacent to the Middleton Mill
Canal as modified within site specific condition of approval no. 12.
• The Board is in favor of the proposed tree mitigation, excluding the trees noted as undesirable and in
poor condition as modified within site specific condition of approval no. 3.
BOARD DECISION:
The Board voted 5 to 0 (Duperault absent) to recommend approval of DR-2024-09 for a design review
application for the common area landscaping and amenities within Everton 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 April 25, 2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on May 14, 2024, at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-09 for a design review application for the common area
landscaping and amenities within Everton 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-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-02-23.
2. Provide revised building elevations of the pool house, cabanas, pump house, and mailbox structures
showing the metal roof to have concealed fasteners. The revised building elevations shall be reviewed
and approved by staff prior to the submittal of a final plat application.
3. The City approves the removal of the trees and does required mitigation, the applicant shall be required
to provide a revised landscape plan showing an additional 104-caliper inches of tree (52, 2-inch caliper
deciduous trees) and 140-feet of tree (23, 6-foot tall evergreen trees) planted on site. The revised
landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat application.
-OR-
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 $26,600.00 (104-caliper inches x $175.00 per caliper
inch and 140-vertical feet x $60.00). The payment to the tree fund shall be received by the City prior
to the submittal of a final plat application.
-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 shall 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.
4. Provide a revised landscape plan showing street trees within the 8-foot wide parkway planter along the
entire frontage of North Palmer Lane. The revised landscape 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.
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5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide revised elevation plans of the 6-foot high decorative fence with cultured stone base and
columns along North Palmer Lane adjacent to the Middleton Mill Canal showing a composite material
to be used instead of stained cedar. The revised elevation plans shall reviewed and approved by staff
and one member of the Design Review Board prior to the submittal of a final plat application.
13. Provide revised plans of all non residential structures showing them to be stamped by a licensed
architect. The revised plans shall be reviewed and approved by staff prior to the submittal of a final
plat application.
14. If lighting is proposed on any of the non residential structures, revised plans showing the location shall
be provided. Detailed cut sheets showing the style, luminaires, wattage, etc. shall be provided. The
revised plans and detailed cut sheets 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
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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
property.
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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-2024-09) 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-1-DA-P, R-4-DA-P, and R-6-DA-P (Residential with a development
agreement - PUD) and C-2-DA-P (Commercial 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 building
designs 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;
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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 since the amenities
structures are designed to mee the Craftsman style of architecture and are design to complement
the general vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed pool house, pump house, cabanas, and mailbox structures 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 — 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 and commercial 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 14th day of May 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, 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.
Page 21 of 21
K:\Planning Dept Eagle Applications \Dr\2024\Everton Subdivision DR-2024-09\EvMon Sub LS Findings CC.docx