Findings - DR - 2024 - DR-2024-43 - River Birch - Seven Townhome Buildings [35-Units] Within River Birch Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR SEVEN TOWNHOME )
BUILDINGS [35-UNITS] WITHIN RIVER BIRCH )
SUBDIVISION FOR WALSH GROUP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-43
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 10,2024. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Walsh Group, represented by Connor Lindstrom with KM Engineering, LLP, is requesting design
review approval for seven townhome buildings(35-units)within River Birch Subdivision(one—7,108-
SF, four — 11,777-SF, two — 14,279-SF). The 26.18-acre site is located on the west side of State
Highway 16 approximately 1,290-feet north of the intersection of West Beacon Light Road and State
Highway 16 at 3701 and 3703 North Highway 16.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 26,2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 8, 2024, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18,2007,the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement)for CHM
Development(A-04-07/RZ-04-07).
On March 12, 2024, the City Council approved a development agreement modification(development
agreement in lieu of a PUD) and preliminary plat for Flats Sixteen Subdivision, a 109-lot [59 single-
family, 35 single-family attached], 1-commercial, 14-common) mixed use subdivision (RZ-04-07
MOD/PP-01-22).
E. COMPANION APPLICATIONS:DR-2024-41 (common area landscaping),DR-2024-42(signage).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a One(1)Existing Winery and
development agreement) Residential Subdivision
Proposed No Change No Change One(1)Existing Winery and
Residential Subdivision
North of site Large Lot with a RUT(Rural-Urban Transition Single Family Residence
Transition Overlay —Ada County designation) with Agricultural Land
South of site Estate Rural R2(Low Density Residential Golf Course and Residential
Residential(City of Zone—Ada County Subdivision.
Star designation) designation) (Trellis Subdivision)
East of site Large Lot with a RUT(Rural-Urban Transition Single Family Residence
(northern Transition Overlay —Ada County designation) with Agricultural Land
portion)
East of site Compact with a MU-DA(Mixed Use with a Mixed Use Planned Unit
(southern Transition Overlay development agreement) Development(Terra View
portion) Subdivision)
West of site Estate Rural R2(Low Density Residential Golf Course
Residential(City of Zone—Ada County
Star designation) designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 26.18-acres(1,140,400-square feet) 1,600-square feet(minimum)
Percentage of Site Devoted 33%to 50%(approximately) N/A
to Building Coverage
Percentage of Site Devoted 15%(approximately) 15%(minimum)
to Landscaping
Number of Parking Spaces 79-parking spaces 79-parking spaces(minimum—
(35-two car garages[70-parking including 35-covered parking
spaces],9-onstreet guest parking spaces and 9-guest parking
spaces) spaces)
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Lots 6-10, Block 2
SITE DATA PROPOSED REQUIRED*
Lot Coverage 34%to 46%(per unit) N/A
Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(North) 19-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
Lots 12-16,Block 2
SITE DATA PROPOSED REQUIRED*
Lot Coverage 34%to 46%(per unit) N/A
Front Setback(North) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(South) 20-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
Lots 19-24, Block 2
SITE DATA PROPOSED REQUIRED*
Lot Coverage 34%to 46%(per unit) N/A
Front Setback(North) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(South) 20-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
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Lots 26-30,Block 2
SITE DATA PROPOSED REQUIRED*
Lot Coverage 34%to 46%(per unit) N/A
Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(North) 20-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
Lots 2-6,Block 4
SITE DATA PROPOSED REQUIRED*
Lot Coverage 34%to 46%(per unit) N/A
Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(North) 20-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
Lots 7-9, Block 4
SITE DATA PROPOSED REQUIRED*
Lot Coverage 33%to 43%(per unit) N/A
Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(North) 20-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
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Lots 12-17, Block 4
SITE DATA PROPOSED REQUIRED*
Lot Coverage 34%to 50%(per unit) N/A
Front Setback(North) 35-feet** 20-feet(10-feet is alley load)(minimum)
Rear Setback(South) 20-feet** 15-feet(5-feet if alley load)(minimum)
Side Setback(West) 5-feet** 5-feet(0-feet for common wall)
(minimum)
Side Setback(East) 5-feet** 5-feet(0-feet for common wall)
(minimum)
*Note:Setbacks per RZ-04-07 MOD/PP-01-22.
**Note:Setbacks measured per building.
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Townhome Buildings: 74,714-square feet
• Eagle City Code Section 8-4-5 requires the following parking for apartments or multi-family
dwellings: For each unit with 2 or more bedrooms—2 including 1 covered and 0.25 spaces per unit
shall be provided for guest parking.
Number of Units: 35 units(all 3-bedroom units)
Apartments or multi-family dwellings:
Three Bedroom: 2/unit 35x2= 70-parking spaces
Guest Parking: 0.25/unit 35x.25= 8.75-parking spaces
Proposed Parking Spaces: 79 [including 35-covered parking spaces and 9-guest parking spaces]
Required Parking Spaces: 79 [including 35-covered parking spaces] (calculated based upon the above
use identified in Eagle City Code Section 8-4-5: "Apartments or multi-family dwellings")
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Seven(7)townhome buildings totaling 35-units.
Height and Number of Stories of Proposed Buildings:
Lots 6-10,Blk 2=30' 5 3/4"(2-story,5-units)
Lots 12-16,Blk 2=30' 5 3/4"(2-story,5-units)
Lots 19-24,Blk 2=30' 5 3/4"(2-story,6-units)
Lots 26-30,Blk 2=30' 5 3/4"(2-story,5-units)
Lots 2-6,Blk 4=30' 5%"(2-story, 5-units)
Lots 7-9,Blk 4=30' 5 3/4"(2-story, 3-units)
Lots 12-17,Blk 4=30' 5 3/4"(2-story,6-units)
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Gross Floor Area of Proposed Buildings:
3-unit Building= First Floor- 5,309-square feet
Second Floor- 2,380-square feet
Total- 7,689-square feet/each x 1 =7,689-square feet
5-units Buildings= First Floor- 6,741-square feet
Second Floor- 3,872-square feet
Total- 10,613-square feet/each x 4=42,452-square feet
6-unit Buildings= First Floor- 8,097-square feet
Second Floor- 4,768-square feet
Total- 12,865-square feet/each x 2=25,730-square feet
Gross Floor Area of Proposed Units:
Unit Type 1-End= First Floor- 1,356-square feet
[3-unit] Second Floor- 896-square feet
Total- 2,252-square feet/each x 1 =2,252-square feet
Unit Type 2-End= First Floor- 1,661-square feet
[3/5/6-units] Second Floor- 614-square feet
Total- 2,275-square feet/each x 7= 15,925-square feet
Unit Type 3-End= First Floor- 1,654-square feet
[5/6-units] Second Floor- 622-square feet
Total- 2,276-square feet/each x 6= 13,656-square feet
Unit Type 1-Int= First Floor- 1,035-square feet
[3/5/6-units] Second Floor- 870-square feet
Total- 1,905-square feet/each x 13=24,765-square feet
Unit Type 2-Int= First Floor- 1,356-square feet
[5/6-units] Second Floor- 896-square feet
Total- 2,252-square feet/each x 8= 18,016-square feet
On and Off-Site Circulation:
Two private alleyways (Muscat Lane and Regent Lane) provide access to the garages located at the
rear of the proposed residential townhomes.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Building Color Palette 1
Building Lots 12-17,Blk 4
Building Lots 12-16,Blk 2
Roof: Architectural Shingle(Black),metal(Black)
Walls: Hardiplank cementitious lap siding (Dover White SW6385, Intellectual Gray SW7045),
hardiplank cementitious shake siding (Roycroft Vellum SW2833), hardiplank cementitious vertical
battens(Roycroft Pewter SW2848),stone(Country Hills Tumbled Harristone)
Windows/Doors: Vinyl (Black), front door(Urban Bronze SW7048, Tricorn Black SW6258), garage
door(Roycroft Pewter SW2848)
Fascia/Trim: Wood(Roycroft Vellum SW2833,Coconut Husk SW6111)
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Building Color Palette 2
Building Lots 2-6,Blk 4
Building Lots 6-10,Blk 2
Roof: Architectural Shingle(Black),metal(Black)
Walls: Hardiplank cementitious lap siding (Black Fox SW7020, Greek Villa SW 7551), hardiplank
cementitious shake siding(Dovetail SW7018),hardiplank cementitious vertical battens(Repose Gray
SW7015),stone(Treasure Valley)
Windows/Doors: Vinyl (Black), front door(Coconut Husk SW6111, Tricorn Black SW6258), garage
door(Dovetail SW7018)
Fascia/Trim: Wood(Coconut Husk SW6111,Greek Villa SW7551)
Building Color Palette 3
Building Lots 7-9,Blk 4
Building Lots 26-30,Blk 2
Roof: Architectural Shingle(Black),metal(Black)
Walls: Hardiplank cementitious lap siding (Roycroft Pewter SW2848, Chelsea Gray SW2850),
hardiplank cementitious shake siding (Westchester Gray SW2849), hardiplank cementitious vertical
battens(Classical White SW2829),stone(Country Ledgestone,Echo Ridge)
Windows/Doors: Vinyl (Black), front door(Urban Bronze SW7048, Tricorn Black SW6258), garage
door(Coconut Husk SW6111)
Fascia/Trim: Wood(Classical White SW2829,Coconut Husk SW6111)
Building Color Palette 4
Building Lots 19-24,Blk 2
Roof: Architectural Shingle(Black),metal(Black)
Walls: Hardiplank cementitious lap siding (Muddled Basil SW7745, Downing Sand SW2822),
hardiplank cementitious shake siding (Sheraton Sage SW0014), hardiplank cementitious vertical
battens(Classic Light Buff SW0050), stone(Coronado Stone Birch Grove)
Windows/Doors: Vinyl(Black), front door(Coconut Husk SW6111, Tricorn Black SW6258), garage
door(Classic Light Buff SW0050)
Fascia/Trim: Wood(Roycroft Vellum SW2833,Coconut Husk SW6111)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:All landscaping for the common areas is being
reviewed under application DR-2024-41.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed in the front yard of each unit.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:
The trash and recycle bins associated with each unit will be stored within the garage.
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical
units are proposed to be screened with by landscaping. No rooftop mechanical units are proposed,and
none are approved.
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Q. OUTDOOR LIGHTING:
The building elevations show two different types of lighting on the townhome units. Additional
information regarding the style, illumination type,wattage is required to be reviewed and approved by
the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2024-42) has
been submitted for the approval of signs proposed within the development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Star Fire Department has not been received by the City. The site is
located within Star Water service area and within the boundaries of the Star Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—addressed with DR-2024-41
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 to the staff report.
Eagle Fire Department
Historic Preservation Commission
Idaho Department of Environment Quality
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.
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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;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses include limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site bases. Uses should complement and don't take away from downtown Eagle. Development within
this land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.1 The maximum density for the Property shall be 3.59 dwelling units per acre (59 single-family
detached and 35 single-family attached dwellings).
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3.5 The required setbacks shall be as follows:
Single-Family Attached Units
Front 20-feet (10-feet if alley load)
Rear 15-feet (5-feet if alley load)
Interior Side 5-feet(0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
3.7 Owner shall comply with all parking requirements pursuant to City of Eagle Title 8,Chapter 4.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
1. 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.
2. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
YARD: A required open space, other than a court,unoccupied and unobstructed by any structure
or portion of a structure from three feet(3')above the general ground level of the graded lot upward;
provided, accessories, ornaments and furniture may be permitted in any yard, subject to height
limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the front
lot line to the front of the principal building.
Interior Side Yard: A yard extending from the principal building to the side lot line on both sides
of the principal building between the lines establishing the front and rear yards.
Rear Yard:A yard extending between side lot lines across the rear of a lot and from the rear lot line
to the rear of the principal building.
Street Side Yard:A yard extending from the principal building to the secondary street that adjoins
the lot between the lines establishing the front and rear yards.
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• 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, and the design review board shall
consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
b. The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet wall
when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof
design other than a flat roof. "Screened from view" shall mean "not visible" at the same level
or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan);
c. The location and sizes of all utility lines,manholes,poles,underground cables,gas lines,wells,
and similar installations; and
d. The continued maintenance of these service systems.
• Eagle City Code Section 8-3-3(B): Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes vision
across such yard above the height of two and one-half feet(2 1/2)measured from the centerline
grade of the adjacent street.Picket style fences where fifty percent(50%)of the fence remains
open may be permitted up to four feet(4')in height.Chainlink fencing is prohibited in any front
yard area.
2. New fencing located adjacent to any street identified as a collector or arterial on the master
street map typologies map in the Eagle comprehensive plan,and on the street side of all corner
lots,shall be an open fencing style such as wrought iron or other similar see through,decorative,
durable fencing material, except as otherwise may be permitted in subsection 8-2A-7J of this
title.Any wooden fence that existed prior to the effective date hereof,may be rebuilt upon the
fence's original footprint provided the fence has a picture frame appearance as shown in the
EASD book.
4. A permit is required prior to the construction of a fence in any front yard area and along any
street within the City subject to the application requirements established in section 8-7-2 of this
title.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
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3. Except as noted in subsection A4 of this section,all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light(including the lamp and any
nonopaque material/lens covering the lamp)shall not be directly visible by a person of average
height standing on the property line of any public right of way,or any private street,or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
6. Except as otherwise permitted within this title,incandescent lights,two hundred fifty(250)watt
maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)
shall be the only type of site and building lighting permitted.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way,required by this title.
10.Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of
a building/zoning permit.
E. DISCUSSION:
• The applicant is requesting design review approval to construct seven townhomes(35-units)within
River Birch Subdivision.The applicant's justification letter states that the proposed townhomes are
designed with the Craftsman style of architecture.The townhomes feature elements such as covered
front porches, square columns, low-pitched gable roofs, and hand-crafted wood and stone work.
Staff defers comment regarding the design,materials,and colors of the townhome buildings to the
Design Review Board.
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.
• The floor plans show the electrical and gas meters and ground mounted mechanical units located
on the sides and rear of the townhome buildings. The townhome lots will be platted as individual
lots;therefore,the location of the electrical and gas meters and ground mounted mechanical units
will either need to be on the individual lots or a private utility easement is required to address the
locations. Staff defers comment regarding the electrical and gas meters and ground mounted
mechanical unit locations to the Design Review Board.
If the Design Review Board recommends approval of the electrical and gas meters and ground
mounted mechanical units in the location shown on the site, landscape, and floor plans, the
applicant should be required to provide a private facilities easement added to the CC&R's. The
private facilities easement should be reviewed and approved by City Staff and the City Attorney,
prior to recordation.A copy of the recorded easement should be received prior to the issuance of a
building permit.
-OR-
If the Design Review Board recommends the electrical and gas meters and ground mounted
mechanical units should be located on each individual lot, the applicant should be required to
provide revised site, landscape, and floor plans showing the electrical and gas meters and ground
mounted mechanical units on each individual lot.The revised site,landscape,and floor plans should
be reviewed and approved by staff and one member of the Design Review Board prior to the
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issuance of a zoning certificate.
• The landscape plan shows some of the electrical and gas meters and ground mounted mechanical
units screened with landscaping;however,not all utilities are shown to be screened. The applicant
should be required to provide a revised landscape plan showing the electrical and gas meters and
ground mounted mechanical units screened with landscaping. The revised 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 fencing plan shows 6-foot tall open style fencing on the side and portion of the front yards of
the townhome lots and 4-foot tall open style fencing along the front property line of the townhome
lots.
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Pursuant to Eagle City Code Section 8-3-3, 4-foot tall open style fencing is permitted within the
front yard area. Eagle City Code Section 8-1-2, the front yard extends between the side lot lines
across the front of a lot and from the front lot line of a principal building. The applicant should be
required to provide a revised fencing plan showing fencing proposed in the front yard area of the
townhome lots a maximum of 4-feet in height. The revised fencing plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• The material board shows the style and color of the building wall lighting; however, the
illumination type, wattage, etc. wasn't received. The applicant should be required to provide
detailed lighting cutsheets showing the illumination type,wattage,etc.of the building wall lighting.
The detailed cutsheets should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
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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 October 10,2024,
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 is in favor of the design,materials,and colors of the townhomes.
• The Board recommended the applicant look into expanding the front patio area of the townhomes due
to the large front yard area.The Board did not make this a condition as they wanted to leave it up to the
applicant on if they wanted to expand the patios.
• The Board recommended the utility meters and ground mounted mechanical units be banked together
instead of on each unit. The Board did not modify site specific condition no. 2, incase banking them
together was not possible.
BOARD DECISION:
The Board voted 4 to 0(Greer,Mihan, and Murphy absent) to recommend approval of DR-2024-43 for a
design review application for seven townhome buildings [35-units] within River Birch Subdivision, with
the following staff recommended site specific conditions of approval and standard conditions of approval
with text shown with underline to be added by the Board and text shown with strikethrough to be deleted
by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-04-07MOD/PP-01-22 and DR-2024-41.
2. Provide a private facilities easement for the gas,electrical,and ground mounted mechanical units added
to the CC&R's. The private facilities easement shall be reviewed and approved by City Staff and the
City Attorney, prior to recordation. A copy of the recorded easement shall be received prior to the
issuance of a building permit.
-OR-
Provide revised site, landscape, and floor plans showing the electrical and gas meters and ground
mounted mechanical units on each individual lot. The revised site, landscape, and floor plans shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of
a zoning certificate.
3. Provide a revised landscape plan showing the electrical and gas meters and ground mounted mechanical
units screened with landscaping or provide details of proposed screen walls showing the height,
material, color, etc. 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.
4. The fencing plan,dated stamped by the City on October 10,2024, showing the fencing located on the
boundary of the townhome lots(including the front yard area)at 4-feet in height is approved.Provide a
of 4 feet in height. The revised fencing plan shall be reviewed and approved by staff prior to the
issuanee-ef-a-zeninteertiffeate,
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5. Provide detailed lighting cutsheets showing the illumination type, wattage, etc. of the building wall
lighting.The detailed cutsheets shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No rooftop mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
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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
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
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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.
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
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advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-43) 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 Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and townhomes are permitted with the approval of a design review application
within the MU-DA(Mixed Use 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 townhome buildings are designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since each townhome is designed with a two car garage
and driveway space for additional vehicles;
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
Craftsman style of the townhomes complement the general vicinity;
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 style of the
townhomes will be harmonious with the style of the single family detached homes;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the townhomes comply with the 35-foot maximum height requirement;
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 subdivision has
been designed with sidewalk,pathways,and alley loaded garages;
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H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 24th day of October 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Waite indgren,Chairman
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Tracy E. Os , agre City Clerk : O r
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