Findings - CC - 2025 - DR-2025-31 - Design Review for the common area landscaping, amenities, and entry freature within Terra View South Sub.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING, AMENITIES, AND ENTRY )
FEATURE WITHIN TERRA VIEW SOUTH )
SUBDIVISION FOR TERRA VIEW 44, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2025-31
The above -entitled design review application came before the Eagle City Council for their action on July
8, 2025, and July 22, 2025. The application was continued and came before the Eagle City Council for their
action on August 12, 2025. 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:
Terra View 44, LLC, represented by Jaime Snyder with Arduria, is requesting design review approval
for the common area landscaping, amenities, and entry feature within Terra View South Subdivision.
The 170-acre site is located on the northeast corner of West Broken Arrow Street and State Highway
16 between West Broken Arrow Street and West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 11, 2025. Revised information
(building elevations, lighting plan, material board, existing tree inventory, pathway connection) was
received June 4, 2025.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 18, 2025, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 12, 2019, 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) and R-
2-DA (Residential with a development agreement) for a portion of the subject property (89.85-acres)
for Hoot Nanney Farms, Inc. (Michal and Bill Dixon)(A-08-18/RZ-13-18).
On April 3, 2019, the development agreement associated with application #RZ-13-18, between the City
of Eagle and Hoot Nanney Farms, Inc. (Michael Dixon) was recorded at the Ada County Recorder's
Office (Ada County instrument #2019-026053).
On June 25, 2024, 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 [in lieu
of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-DA
(Residential with a development agreement [in lieu of a PUD]) for approximately 80.87-acres, a rezone
from R-2-DA (Residential with a development agreement [in lieu of a PUD]) to MU-DA (Mixed Use
with a development agreement [in lieu of a PUD]) for approximately 3.33-acres, a development
agreement modification, and preliminary plat for Terra View Sough Subdivision, a 361-lot (229-single
family residential, 69-single family attached and/or detached, 25-commercial, and 35-common) mixed
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use subdivision (A-06-23/RZ-10-23/RZ-13-18 MOD & PP-07-23).
E. COMPANION APPLICATIONS:
There are no companion applications.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Village and Community
Center, Compact
Residential, and
Neighborhood
Residential
MU-DA (Mixed Use with a
development agreement), R-
2-DA (Residential with a
development agreement) and
RUT (Residential — Ada
County designation)
Agriculture
Proposed
No Change
MU-DA (Mixed Use with a
development agreement [in
lieu of a PUD]), R-6-DA
(Residential with a
development agreement [in
lieu of a PUD]), and R-2-DA
(Residential with a
development agreement [in
lieu of a PUD])
Mixed use development
including commercial, ,
single-family detached
residential, and single -
family attached residential.
North of site
Village and Community
Center
MU-DA (Mixed Use with a
development agreement [in
lieu of a PUD])
Mixed use development
(proposed Terra View
Subdivision)
South of site
Neighborhood
Residential
R-2-DA-P (Residential with a
development agreement —
PUD)
Residential subdivision
(Arvory Crest Subdivision)
East of site
Village and Community
Center, Compact
Residential, and
Neighborhood
Residential
RUT (Residential — Ada
County designation) and MU
(Mixed Use) and MU-DA
(Mixed Use with a
development agreement), R-
4-DA (Residential with a
development agreement)
Vacant parcel and
residential subdivision
(proposed Millstone Farm
Subdivision)
West of site
Mix -Use Development
(City of Star)
MU (Mixed Use — City of
Star zoning designation) and
R2 (Ada County designation)
Residential subdivisions
(Milestone Ranch
Subdivision and Hoot
Nanney Farms), and River
Birch Golf Course
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the city-wide Design Review Overlay District.
H. URBAN RENEWAL DISTRICT:
This site is not located within the Urban Renewal District.
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I. EXISTING SITE CHARACTERISTICS:
The site is undeveloped and currently used for agriculture purposes.
J. SITE DATA:
Total Acreage of Site — 170.4-acres
Total Number of Lots — 361
Residential — 301
Commercial — 25
Industrial — 0
Common — 35
Total Number of Units — 301
Single-family — 230
Single-family attached — 71
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
2.10-dwelling units/acre (not
2.10-dwelling units/acre (as
inclusive of the commercial
limited by the development
area)
agreement)
Minimum Lot Size
2,643-square feet (R-6)
1,600-square feet
(R-6)(single-family attached)
2,643-square feet (R-
5,000-square feet (R-6)
6)
(single-family detached)
7,920-square feet (R-2)
17,000-square feet (R-2)
9,619-square feet (MU)
5,000-square feet (MU)
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 of open
space has been provided.
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Additional Site Data
Proposed
Required
Minimum Lot Width
26-feet (R-6)
66-feet (R-2)
105-feet (MU)
20-feet (minimum) (R-6
single-family detached)
50-feet (minimum) (R-6
single-family detached)
75-feet (minimum) (R-2)
50-feet (minimum) (C-2)
Minimum Street Frontage
30-feet
0-feet (accessed from shared
driveway)
20-feet (R-6 single-family
attached)
35-feet (R-6 single-family
detached)
35-feet (R-2)
Total Acreage of Common Area
Open Space
51.59-acres (inclusive of
planter strips)
48.06-acres (minimum)
Percent of Site as Common Area
Open Space
36.8%
34.3% (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
16.2% (7.21-acres)
15% (minimum) (6.68-acres)
K. PARKING ANALYSIS:
Twenty four parking spaces have been proposed at the club house and pool area
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 50-foot-wide (minimum) buffer adjacent to North Hamlin Avenue
(collector) with the exception of the area adjacent to the proposed townhomes. The applicant is also
proposing a 75-foot-wide landscape buffer between State Highway 16 and the residential portion of the
development. The proposed width of the buffer area adjacent to State Highway 16 is in conformance
with Eagle City Code section 8-2A-7(J)(4)(c).
Open Space:
A total of 51.59-acres, approximately 36.8% of open space, is proposed within the residential
subdivision. Approximately 7.21-acres (16.2%) 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, swimming pool, pool house, pathways, and planter strips as shown on the preliminary
landscape plan, date stamped by the City on March 26, 2024.
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Commercial Area:
The development will contain 25-commercial lots consisting of 25.73-acres in area. The lots vary in
size from 9,619-square feet to 163,351-square feet with an average lot size of approximately 46,693-
square feet.
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.
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. All utilities
including power are required to be placed underground.
Fire Hydrants and Water Mains:
The hydrants should be installed and approved as required by the Star Fire District. The proposed
development is located within the City of Eagle Municipal Water Service Area.
On -site Septic System — No.
Pressurized Irrigation:
Preservation of Existing Natural Features:
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.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Club House
Roof: Metal (Midnight Bronze)
Walls: Wood (Irish Stout), stucco (SW7012 Creamy), cultured stone (Blue Ashlar), metal (Liberty),
faux wood aluminum (Dark Acacia), tile (Platinum Grey)
Windows/Doors: Metal (Black)
Fascia/Trim: Metal (Midnight Bronze)
Picnic Shelter
Roof: Metal (Matte Black)
Frame: Metal (Powder Coated Black)
Mailbox Cover
Roof: Metal (Black)
Columns/Beams: Metal (Dark Acacia)
Fascia: Metal (SW6258 Tricorn Black)
Soffits: Wood (Irish Stout)
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Entry Feature
Beams: Steel (Corten)
Columns: Concrete (porcelain tile overlay)
Base: Stucco panels (SW7017), steel (Corten — planter bowls), sandstone (planter wall)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The tree inventory plan provided with the design
review application shows Cottonwood, Siberian Elm, and Black Locust trees on the site. The applicant
is proposing to remove all the existing trees on the site.
Below is a complete list of existing trees on the site that are proposed to be removed.
Tree Specie
Caliper/
Height
Condition
Remove/
Retained
Replacement
Inches/Feet
per ECC
Cottonwood
60"
50"
10"-30"
Good, multi -trunk
Good
Good, Grove of trees
Remove
Remove
Remove
TBD
TBD
TBD
Siberian Elm
48"
Limbed to avoid overhead power
Remove
0"
Black Locust
4"-60"
Grouping, dead and/or topped to
avoid overhead power
Remove
0"
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
—158"
(undesirable)
Grove range
from 10"-
30"
Grouping
range from
4"-60"
Total caliper inches proposed for mitigation
0"
Tree Replacement Calculations: The applicant is proposing to remove all existing trees from the site
that consist of Cottonwood, Siberian Elm, and Black Locust trees. The caliper inches proposed for
removal is 158-inches (no including the group of Cottonwood trees and grove of dead Black Locust
trees). The applicant is not proposing mitigation for these trees. See discussion on page 17 for more
information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Beacon Light Road, West Broken Arrow Street, and
internal to the site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 8% is proposed.
O. TRASH ENCLOSURES:
One (1) 274-square foot trash enclosure is proposed to be located within the club house parking lot.
The enclosure is proposed to be constructed of CMU walls with cultured stone overlay and metal gates;
all of which will match the materials and colors used in the construction of the clubhouse.
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical
units are proposed to be screened by metal screen walls. No rooftop mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A site plan showing the streetlight locations, height, and wattage 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 for the
approval of any signs.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Star Fire Department 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:
No public uses are proposed.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
V. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — yes — located along Little Gulch Creek
Mature Trees — yes — located beside a pond at the northeast corner of the site
Riparian Vegetation - no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — no
Wildlife Habitat — unknown
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment is not required for this application.
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X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle Sewer Department
Idaho Department of Environmental Quality
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;
g•
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.
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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 (Western Area Plan adopted 02-10-15) designates this site as:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods, services and
employment for areas that are removed from downtown Eagle. Uses and residential densities vary
based on location. See the planning area text for a complete description of site specific uses.
Compact Residential
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
6.6 Village Planning Area
The Village Planning Area is designated for the establishment of an employment center at Beacon
Light Road that is oriented to the State Highway 16 corridor and the provision of goods and services
in the northwest portion of the city so residents are not required to travel significant distances for
basic amenities. The land uses are intended to be flexible to encourage corporate office, light
manufacturing, and similar uses into the area and to create a unique destination within the City.
The non-residential area along Beacon Light Road will transition into similar sized large lot
residential uses as development approaches Homer Road and the Foothills. Neighborhood
Residential uses are designated south of Beacon Light to Floating Feather Road. This area is not
intended to be master planned but does require great care in planning to ensure that uses are
compatible and that the Village Center serves as the activity center of the area and is not taken over
by residential uses.
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus, hospitality, and office uses. Non-residential uses will be focused in the
Village Center.
1. Village Center: The Village Center is generally located along the north and south sides of
Beacon Light Road, extending from State Highway 16 East to Hartley Lane, as shown on
the Future Land Use Map (Map 6.1). All Non-residential uses will be focused in the
Village Center. This area is comprised of three key components:
a. A research/development park, educational campus, and/or corporate park area designed
to provide sufficient space for corporate headquarters in a park -like setting with
ancillary commercial uses located in the Village Center; and
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b. The village center should include supporting office, retail commercial, hospitality, and
civic uses that will benefit and support the non-residential uses, as well as the larger
residential area;
c. Office and restaurant uses with drive thrus are considered a supporting use to the
corporate and campus uses. Office and restaurant uses that are appropriately designed
and internally oriented to the larger development area may be considered on a case by
case basis.
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 4 to 8 units per acre.
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and, in the Neighborhood, Residential
designation, south of Beacon Light Road, should average 1-2 units per acre.
Residential area north of Beacon Light is Large Lot Residential with a Residential
Transition Overlay, transitioning (feathering and clustering) to the north and east
ensuring compatibility with existing residential and foothills development.
d. All non-residential use in the Village Planning area should be directed to the Village
Center or the commercial center at State Highway 16 and State Highway 44.
6.6.2 Village Planning Area Access
A. The development Village Center Planning Area should include the construction of
north/south boulevards as entry roads into the area. These roads should include planted
medians, detached sidewalks, and traffic circles.
C. The Village Planning Area will be dependent upon the interconnectivity of local roads
as the area develops.
D. Access to the area from State Highway 16 should be limited to Beacon Light Road and,
in the short-term, Floating Feather Road.
E. Commercial and retail uses should be discouraged from fronting on State Highway 16.
Non-residential uses should be focused internally to the Village Center with residential
uses focusing on local/collector roads.
F. ITD should be discouraged from constructing frontage roads along the eastern side of
State Highway 16. Alternatively, development should install landscape berms along
State Highway 16 to continue a gateway feeling similar to Eagle Road.
G. A collector road should be constructed from the Village Center south to Floating Feather
Road and into the commercial development at the State Highway 44 and State Highway
16 intersection.
H. The design of the area should incorporate non -motorized pathways linking residential
areas to the Village Center, foothills, and the existing Eagle Downtown.
6.6.3 Issues of Concern
A. The scaling and compatibility of uses will be of significant concern in this area. In order
for non-residential uses to locate in this area they will require the establishment and
development of residential uses prior to construction. The compact residential
designation should be developed to support the planned non-residential uses in the area.
New residents should be made aware that the area is intended to have
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research/development park, educational campus, and/or corporate park uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential uses
will be the first demand in the area the City needs to work with land owners and
developers to preserve sufficient land for the non-residential uses that will be needed to
serve the area at buildout. If development pressure is not held back, the City's vision for
an employment area will not be achieved.
D. Special care should be taken to ensure that non-residential uses area internally oriented
to the Village Center and that buildings and signage do not clutter the State Highway 16
corridor. If special care is not taken the vision of the City of Eagle for State Highway 16
to serve as an entry corridor will not be achieved.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.6 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit "D"). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
3.14 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.15 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) landscape screening details and buffering for the residential
units adjacent to North Hamlin Avenue 4) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation
pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed
in reference to mosquito abatement. The design review application shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the
first final plat.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
12. The applicant shall be required to provide public pathways and associated easements based on the
following:
PATHWAYS:
1. The developer shall provide a 10-foot-wide concrete sidewalk built to the ACHD Standards for
Sidewalk in the alignments shown in RED and PINK in FIGURE 1. The unconnected ends of
these alignments shall employ the cul-de-sac design described in the City Standard.
2. The developer shall provide an 8-foot-wide concrete sidewalk built to the ACHD Standard for
Sidewalks in the alignments shown in ORANGE in FIGURE 1.
3. The developer shall provide a 10-foot-wide asphalt pathway built to the City of Eagle Pathway
and Trail Design and Construction Standards (Resolution No. 23-19) in the alignments shown
in BLUE in FIGURE 1.
4. The developer shall provide an 8-foot-wide concrete pathway built to the ACHD Standard for
Sidewalks within Lot 17, Block 1, which provides a connection between the 10-foot-wide
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concrete sidewalk located adjacent to West Beacon Light Road and the 5-foot-wide concrete
sidewalk located adjacent to West Evita Street. The pathway shall be located within a 16-foot-
wide public access easement.
PUBLIC ACCESS EASEMENTS:
1. The developer shall provide 20-foot-wide public access easements associated with the
ORANGE and BLUE pathways. The easements shall have a minimum 4-foot margin on each
side of pathway tread within any part of the easement where possible for the alignment shown
in ORANGE and BLUE in FIGURE 1.
A. All pathways shall be constructed, and a survey depicting the location of this pathway within
the easement must be submitted to the City, prior to the City Clerk signing of the final plat for
each phase.
FIGURE 1
The pathways shall be constructed, and the easements recorded and referenced on the final plat
prior to the City Clerk signing the fmal plat.
22. 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.
23. 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
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trees that have been installed. On -going surety for street trees for all undeveloped portions of the
development will be required through project completion.
24. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat.
25. 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 8-2A-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):
2. Minimum Requirements:
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from
a residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum
of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
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,
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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.
c. Any road designated as a principal arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental 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 ten foot (10') high, maximum twelve foot (12') 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(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
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 financial 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
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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. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Terra
View South Subdivision, a 361-lot (229-single family residential, 69-single family attached and/or
detached, 25-commercial, and 35-common) mixed use subdivision. Street trees are proposed along
the lot frontages, West Beacon Light Road, and West Broken Arrow Street. One 3,572-square foot
clubhouse, two mailbox covers, pickleball courts, picnic shelters, tot lot, sandstone planters,
decorative streetlights, and an entry feature are proposed within the common area of this
development. The architectural style of the proposed clubhouse is Craftsman style which is one of
the approved architectural styles within the EASD book.
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 clubhouse building elevations show the building to have metal roofing. Pursuant to Eagle City
Code Section 8-2A-6(B)(2), metal roofing is required to have concealed fasteners. The applicant
should be required to provide revised building elevations showing the metal roofing to have
concealed fasteners. The revised elevations should be reviewed and approved by staff prior to the
submittal of a final plat application.
• The fencing plan shows a black vinyl coated chain link fence around the pickle ball courts. Pursuant
to Eagle City Code Section 8-2A-6(B)(3)(3), 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. Pursuant to past action by the Eagle
Design Review Board and City Council, powder coated chain link fencing has been permitted to
be used around sports courts. Staff defers comment regarding the use of vinyl coated chain link
fencing around the pickleball court to the Design Review Board.
• The landscape plan shows a decorative wood fence around the perimeter of the development.
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Pursuant to Eagle City Code Section 8-2A-6(B)(3), decorative wood fencing may be permitted if
the city determines that the style of fence proposed is complementary to the building architecture
and overall site design. Staff defers comment regarding the proposed decorative wood fence to the
Design Review Board.
• The applicant is proposing to remove a Siberian Elm tree, two Cottonwood trees, a grove of
Cottonwood trees, and a grouping of Black Locust trees. The existing tree plan indicates all existing
trees are undesirable, limbed to avoid overhead power, or dead. The applicant is not proposing
mitigation for the trees. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are
required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle
City Code Section 8-2A-7(C)(2)(c), unless it is determined by the city that replacement is necessary
to preserve and/or restore riparian and wildlife habitat, Cottonwood, Elm, and Black Locust trees
do not require mitigation. Pursuant to Eagle City Code 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 Siberian Elm, two Cottonwood, a grove of
Cottonwood trees, and grouping of Black Locust trees to the Design Review Board.
If the City approves the removal of the trees and does not require mitigation for the undesirable
trees, no additional trees are required.
-OR-
If the City approves the removal of the trees and requires mitigation for the undesirable trees, the
applicant should be required to provide a revised landscape plan showing an additional 140-caliper
inches of tree (70, 2-inch caliper deciduous trees — for Cottonwood trees only) 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 require mitigation, the applicant may opt to
pay an in lieu fee into the tree fund in the amount of $24,500.00 (140-caliper inches x $175.00 per
caliper inch). 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.
• Sheet L1.14 and L1.14A show a trash enclosure proposed near the club house with sod proposed
around the enclosure. Pursuant to Eagle City Code Section 8-2A-7(J)(2), a five foot wide by six
foot high landscape buffer around the enclosure. The applicant should be required to provide a
revised landscape plan showing a five foot wide by six foot high landscape buffer around the trash
enclosure located by the club house. The revised landscape plan should be reviewed and approved
by staff prior to the submittal of a final plat application.
• The applicant is requesting an alternative method of compliance of the required buffer along West
Broken Arrow Street, North Truman Avenue, and North Hamlin Avenue of this development to
plant taller/larger plant materials and to provide maximum height/wider berms. All deciduous trees
are proposed to be an average of 2.5-inch caliper trees and the evergreen trees will be an average
of 10-feet in height. Eagle City Code Section 8-2A-7(J)(4)(a), requires a minimum 35-foot wide
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buffer area planted with 4 shade trees, 5 evergreen trees, and 24 shrubs per 100 linear feet of right
of way on a 5-foot to 8-foot high berm. Pursuant to Eagle City Code 8-2A-7(J)(4)(a), 20 deciduous
trees, 25 evergreen trees, and 118 shrubs are required to be planted within the 491-feet of frontage
along West Broken Arrow Street, 36 deciduous trees, 45 evergreen trees, and 216 shrubs planted
within the 899-feet of frontage along North Truman Avenue, and 111 deciduous trees, 139
evergreen trees, and 665 shrubs within the 2,772-feet of frontage along North Hamlin Avenue. The
landscape plan shows a 35-foot wide buffer and an 8-foot tall berm planted with 12 deciduous trees,
15 evergreen trees, and 71 shrubs to be planted adjacent to West Broken Arrow Street, a 40-foot
wide buffer and an 8-foot tall berm planted with 22 deciduous trees, 27 evergreen trees, and 130
shrubs planted adjacent to North Truman Avenue, and a 52.5-foot wide buffer (with exception of
the townhome area) and an 8-foot tall berm planted with 67 deciduous trees, 83 evergreen trees,
and 399 shrubs adjacent to North Hamlin Avenue. Half walls are proposed along North Hamlin
Avenue adjacent to the townhome lots. Sandstone walls with large planter pots are also proposed
along the frontage of these streets.
The applicant is requesting an alternative method of compliance of the required buffer along State
Highway 16 to plant taller/larger plant material and to provide a wider/taller berm. As noted above,
the deciduous and evergreen plant material is taller and larger than what is required within Eagle
City Code. Eagle City Code Section 8-2A-7(J)(4)(c), requires a minimum 75-foot wide buffer area
planted with 6 shade trees, 10 evergreen trees, 4 flowering/ornamental trees and 24 shrubs per 100
linear feet of right of way on a 10-foot to 12-foot high berm. Pursuant to Eagle City Code 8-2A-
7(J)(4)(c), 117 deciduous trees, 194 evergreen trees, 78 ornamental trees, and 466 shrubs are
required to be planted within the 1,942-feet of frontage along State Highway 16. The landscape
plan shows a 75-foot wide buffer and 10-foot to 12-foot tall berm planted with 70 deciduous trees,
116 evergreen trees, 47 ornamental trees, and 53 shrubs to be planted adjacent to State Highway
16.
Staff defers comment regarding the alternative method of compliance for reduced but larger/taller
plant material and the wider and taller berms along West Broken Arrow Street, North Truman
Avenue, North Hamlin Avenue, and State Highway 16 to the Design Review Board.
• Sheets L1.16 and L1.23 of the landscape plan show areas of the required collector buffers along
West Broken Arrow Street, North Truman Avenue, and North Hamlin Avenue without a berm.
Sheet L1.16
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Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), a minimum 5-foot berm is required. The
applicant should be required to provide a revised landscape plan showing a minimum 5-foot berm
located adjacent to West Broken Arrow Street, North Truman Avenue, and North Hamlin Avenue.
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.
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• Sheet L1.12 and L1.13 of the landscape plan show a half wall along the property lines of the
townhome lots on the north side of North Hamlin Avenue. The detail of the half wall on sheet L2.02
states that the final materials will match the approved architectural design and finish of the
townhomes. The design, materials, colors, etc. of the half wall should be reviewed and approved
with the design review application associated with the townhomes.
• Sheet L 1.15 of the landscape plan shows a center landscape island in the middle of the cul de sac
along West Sage Sparrow Court planted with sod and no shrubs or trees proposed. The applicant
should be required to provide a revised landscape plan shows shrubs and/or trees proposed within
the center landscape island in the middle of the cul de sac off of West Sage Sparrow Court. 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.
• Sheet L1.25 of the landscape plan shows the 10-foot wide pathway adjacent to West Broken Road
to dead end before Little Gulch Creek and does not provide a turnaround. In addition, the pathway
does not transition to a ramp to provide connection to the pathways in the development to the south.
Pathway transition Pathway termination
The applicant should be required to provide a revised landscape plan showing the 10-foot-wide
pathway adjacent to West Broken Road to terminate with a cul de sac. The cul de sac should have
a minimum 8-foot radius from the cul de sac circle. The pathway should include a connection to a
ramp to provide connection to the development to the south. The revised landscape plan should be
reviewed and approved by staff prior to the submittal of a final plat application.
• Staff defers comment regarding the common area landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 12, 2025, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that:
• The Board is in favor of the common area landscaping and alternative method of compliance request
with the addition of site specific condition no. 16.
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• The Board is in favor of the proposed tree removal and not requiring mitigation due to the location,
condition, and species of the trees.
• The Board is in favor of the proposed common area structures with the addition of site specific condition
nos. 16 and 19.
• The Board is in favor of allowing vinyl coated chain link fencing around the pickleball courts.
• The Board is in favor of the decorative wood fencing proposed around the perimeter of the
development.
• The Board is in favor of the design of the building and requested additional revisions to address their
concerns regarding the placement of cultured stone and metal siding and the color of the stucco with
the addition of site specific condition no. 20.
BOARD DECISION:
The Board voted 6 to 0 (Murphy absent) to recommend approval of DR-2025-31 for a design review
application for the common area landscaping within Terra View South 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 June 26, 2025.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 8, 2025, and July 22,
2025. The application was continued to August 12, 2025, at which time the Council made their decision.
COUNCIL DECISION:
The Council voted 3 to 1 (Russell — Nay) to approve DR-2025-31 for a design review application for the
common area landscaping within Terra View South Subdivision, with the following Design Review Board
recommended site specific conditions of approval and standard conditions of approval with text shown with
underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-06-23/RZ-10-23/RZ-13-18 MOD and PP-07-23.
2. Provide revised building elevations showing the metal roofing and siding to have concealed fasteners.
The revised elevations shall be reviewed and approved by staff prior to the submission of a fmal plat
application.
3. The City approves the removal of the trees and does not require mitigation for the undesirable trees, no
additional trees are required.
4. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer around the
trash enclosure located by the club house. The revised landscape plan shall be reviewed and approved
by staff prior to the submittal of a final plat application.
5. Provide a revised landscape plan showing a min um 5-foot berm located adjacent to West Broken
Arrow Street, North Truman Avenue, and North amlin Avenue. 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.
6. Provide a revised landscape plan showing shrubs and/or trees proposed within the center landscape
island in the middle of the cul de sac off West Sage Sparrow Court. 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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7. Provide a revised landscape plan showing the 10-foot-wide pathway adjacent to West Broken Road to
terminate with a cul de sac. The cul de sac shall have a minimum 8-foot radius from the cul de sac
circle. The pathway shall include a connection to a ramp to provide connection to the development to
the south. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of
a final plat application.
8. The design, materials, colors, etc. of the half wall shall be reviewed and approved with the design
review application associated with the townhomes.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
13. No rooftop mechanical units are proposed with this application and none are approved.
14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application and none are approved.
16. The alternative method of compliance for reduced quantity of plantings within the landscape buffer
areas and common lots (with ponds) in exchange for maximum height berms, larger buffer areas,
larger/taller trees, planter bowls, and sandstone walls is approved. Provide a revised landscape plan
showing a portion of the deciduous trees to be Class III trees. Provide a tree and shrub count for
plantings proposed along State Highway 16. The revised landscape plan and tree and shrub counts shall
be reviewed and approved by staff and two members of the Design Review Board prior to the submittal
of a final plat application.
17. The vinyl coated chain link fencing proposed around the pickleball courts is approved.
18. The decorative wood fencing located around the perimeter of the development is approved.
19. Provide a revised landscape plan showing the words "and client approval" removed from note 4. The
revised landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat
application.
20. Provide revised building elevations of the clubhouse modifying the balance of materials (cultured stone
and metal siding) to provide one harmonious look of the building (instead of half of the building having
cultured stone and half of the building having metal siding) and warmer color tones for stucco. The
revised elevations shall be reviewed and approved by staff and two members of the Design Review
Board prior to the submittal of a final plat application.
21. Provide a revised landscape plan showing the addition of a basketball court within the subdivision
common area. The revised landscape plan shall be reviewed and approved by staff 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.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
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
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irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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.
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17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from approval date).
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-2025-31) 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.
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2. - The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping and amenities is permitted with the approval of a
design review application within the R-2-DA (Residential with a development agreement) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping and amenities
is designed to complement the general vicinity and will provide aesthetically pleasing landscaping
to enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the clubhouse has a parking lot with 24-parking
spaces;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the clubhouse,
mailbox clusters, picnic shelters, and entry features are designed to complement the development
within 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 common area structures do not exceed 35-feet;
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 applicant has
provided pathways within the development and provides connectivity to the adjacent sites;
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.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to section 67-8003.
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DATED this 121 day of August 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
AT EST:
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T c E. Osborn, Eagle City Clerk
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