Findings - CC - 2021 - DR-18-20 - Molinari Park Sub LsBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN MOLINARI )
PARK SUBDIVISION FOR EAGLE 26, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-18-20
The above -entitled design review application came before the Eagle City Council for their consideration
on October 27, 2020, at which time the application was remanded to staff. The application came before the
Council on December 8, 2020, at which time the council made their decision. The Eagle City Council
having heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle 26, LLC, represented by Brian Liquin with Rennison Design, Inc., is requesting design review
approval of the common area landscaping within Molinari Park Subdivision. The 23.06-acre site is
located on the south side of East Plaza Drive approximately 300-feet east of the intersection of South
2°d Street and East Plaza Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 5, 2020. Revised site/landscape plans
were received on June 29, 2020. A revised application was received on August 20, 2020. A revised
narrative was received on August 28, 2020. A revised narrative, landscape plan, and tree mitigation
plan were received on November 24, 2020. Revised landscape berm elevations and an updated tree
mitigation plan were provided to the City on December 8, 2020, during the City Council meeting.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 28, 2020, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 25, 2019, the Eagle City Council approved a rezone from CBD (Central Business District) to
CBD-DA-P (Central Business District with a development agreement — PUD), conditional use permit,
preliminary development plan, and preliminary plat for Molinari Park Subdivision (RZ-07-18/CU-03-
18/PPUD-02-18/PP-06-18).
E. COMPANION APPLICATIONS: DR-53-20 (Monument sign).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Downtown, Scenic
Corridor,
Public/Semi-Public
CBD-DA-P (Central Business
District with a development
agreement — PUD)
Vacant land
Proposed
No Change
No Change
Mixed use development
including commercial, retail,
single-family attached
townhomes, and multi -family
residential
North of site
Downtown, Scenic
Corridor
CBD (Central Business District)
East Plaza Drive, Paddy Row
Subdivision (residential),
mobile home parks, and a
storage facility
South of site
Commercial,
Mixed Use, Scenic
Corridor,
Public/Semi-Public
C-3-DA (Highway Business
District with a development
agreement) and MU-DA (Mixed
Use with a development
agreement)
State Highway 44 and Eagle
River Development
East of site
Downtown, Scenic
Corridor
CBD (Central Business District)
and MU (Mixed Use)
Mobile home park, storage
facility, commercial
subdivision (Merrill
Subdivision No. 2 and No. 4
West of site
Downtown, Scenic
Corridor,
Public/Semi-Public
CBD (Central Business District)
and CBD-DA (Central Business
District with a development
agreement)
Senior living facility and
office building (Lot 1, Block
1, Forum Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located in the CEDA (Community Entry Development Area) overlay district.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb and gutter along East Plaza Drive which is located along the
north and east property boundary. North Palmetto Avenue (construction recently completed) is located
along the southeastern property line. Mature trees are centrally located within the site and in the
proximity of the southwest corner of the proposed commercial lots.
J. SITE DATA:
Total Acreage of Site — 23.06-acres (original acreage was 24.6 — new acreage is less the dedicated area
for Palmetto Drive and Plaza Drive)
Total Number of Lots —120
Residential (Townhome) — 91
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floor) — 1
Commercial (ground floor)/Residential (Townhome condo — second floor)
Commercial (ground floor)/Multi-family (Apartments second and third
Commercial (office) — 6
Common — 20 (16-common, including 4-private roads and alleys)
Total Number of Units — 316
Single-family — 0
Duplex — 0
Multi -family (inclusive of townhomes) — 316
Total Acreage of Any Out -Parcels — 0
K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The landscape plan, date stamped by the City on August 20, 2020, shows a 50-foot wide buffer area
located between the residential area and State Highway 44. The portion of the landscape area from the
western property line to the private road running north -south located west of the commercial lots will
contain a 10-foot wide pathway area located adjacent to the state highway. At the eastern side of the
private road between the commercial and multi -family areas, the 10-foot pathway will extend north to
East Plaza Drive. At East Plaza Drive the pathway turns east and crosses North Palmetto Avenue, then
extends south to the landscape buffer area along State Highway 44 making a connection to the existing
pathway located adjacent to the highway on the southeast corner of State Highway 44 and North
Palmetto Avenue.
Open Space:
A total of 4.9-acres (approximately 21.2%), is proposed within the development. The open space
consists of a public gathering place located adjacent to East Plaza Drive and in proximity to the retail
uses. This area will consist of a sculpture plaza, retail plaza, and a grassy berm area. The townhome
areas have open space areas which will include a sensory garden, playground and linear park. The
townhome and apartment areas also have open space areas consisting of pathways to provide
interconnectivity throughout the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&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.
The application, date stamped by the City on August 20, 2020, states that some drainage will be retained
on site and some off -site drainage will occur to Eagle Drain No. 15 as agreed upon via a license
agreement for pre-treatment and discharge with Drainage District No. 2.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be
served by the Eagle Water Company.
On -site Septic System: None.
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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.
L. BUILDING DESIGN FEATURES: N/A
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
The applicant has provided an arborist report, date stamped by the City on March 4, 2020, showing the
specie, size (caliper inches/height), and condition of the existing trees. The report is attached to the staff
report and is incorporated herein by reference.
There are five trees located along the west property line adjacent to the existing senior living facility
that are proposed to be preserved. There are 322 trees located within the central portion of the site
where East Cedar Ridge Street will extend to the east and adjacent to the southwest corner of the
proposed commercial lots located along the eastern portion of the subject site.
Tree Retention:
The applicant has provided a detailed wildlife biologist report, date stamped by the City on August
20, 2020, that corresponds with the arborist report regarding the proposed removal of existing Elm,
Black Locust, Cottonwood, and Willow trees. The wildlife biologist report includes a narrative
describing the habitat of the existing trees and vegetation to assist the City in determining whether the
trees should be removed, and if so, whether tree replacement is necessary to preserve any wildlife
habitat within the area of concern. The detailed wildlife biologist report states that developing the
property would have no significant effect on wildlife species of concern.
The applicant provided information to the City Council on December 8, 2020, to protect in place and
preserve existing trees in the public park area as depicted in their landscape plans on Sheets L1.2 and
L2.2 (labeled as trees 20 and 44-49), and also shown in their City Council PowerPoint presentation
slides 11-13, which show a plan view of the existing trees in this area and numbered arrows that
correspond with photos taken from each of the locations shown. The applicant has agreed to retain
the mature cottonwood trees shown in photos 21-29. The applicant's landscape architect describes
these existing trees as "5 multi -tree groupings and 2 stand-alone trees" totaling approximately 320
caliper inches. The area referenced in this condition along with the corresponding tree photos are
provided below:
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Street Trees:
Street trees are proposed along East Plaza Drive, East Cedar Ridge Street, South Finn Street, the west
side of North Palmetto Avenue, and along the private roads within the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A.
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot located along the
western boundary of the site.
b. Interior Landscaping: No interior landscaping is proposed and none is required.
N. TRASH ENCLOSURES: N/A
O MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
A site plan, showing the locations of historic streetlights and detailed cutsheets, have been provided.
All site lighting is required to be in conformance with Eagle City Code Section 8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. Central
sewer is provided by the Eagle Sewer District. Central water is provided by Eagle Water Company.
S. PUBLIC USES PROPOSED: None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
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Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — located adjacent to the existing senior living facility along the west side of the
site, within the central portion of the site where East Cedar Ridge Street will extend to the east, and
adjacent to the southwest corner of the proposed commercial lots located along the eastern portion of
the subject site — see tree mitigation plan, received by the City on December 8, 2020 (incorporated
herein by reference)
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life — see applicant's Fish and Wildlife Species of Concern Report, dated August 20,
2020 (incorporated herein by reference)
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat — see applicant's Fish and Wildlife Species of Concern Report, dated August 20,
2020 (incorporated herein by reference)
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
See applicant's Fish and Wildlife Species of Concern Report, dated August 20, 2020 (incorporated
herein by reference)
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Ada County District Highway
Eagle Fire Department
Eagle Museum of History and Preservation
Eagle Parks, Pathways and Recreation Commission (PPRC)
Eagle Sewer District
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
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:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial, and Professional Office.
Scenic Corridor
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An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the City. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails, and connectivity.
Public/Semi-Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the different
needs, interests, and age levels of residents in matters concerning both recreation and civil activities.
The public/semi-public land use designation is not a residential land use designation. When a project
or development is designed that contains or is adjacent to land holding a public/semi-public land use,
this land will not be included when calculating the allowable residential density. Projects that hold a
residential designation that want to provide or dedicate amenities similar to those allowed in the
public/semi-public designation may transfer unused density from these areas to other areas within the
development, as approved by the City Council through the Planned Unit Development process as
defined in the comprehensive plan.
6.17.2 Downtown Eagle General Objectives
U. Streets in the Plaza Area should include the following elements (See Figure 6.20):
Tenant Zone: A businesses front yard, an area for merchandise displays, cafe seating,
and tenant identification.
Walkable Zone: An unfettered area for the express purpose of pedestrian movements
through the area.
Furnishing Zone: An area for pedestrian amenities including streetlights, benches, bike
racks, and public art.
Buffer Zone: An area that provides separation between pedestrian uses and vehicles.
TViANT ZONE
N9IUCNLL ZONE
rttmtn.It*.c ZONE
MITER ZONE
MUM ZONE
May include landscaping, street trees, or stamped/decorative concrete. Figure 6.20:
Required Elements of Downtown Streetscapes
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JJ. Specific design elements should include bulb outs at intersection crossings and the integration of
pedestrian amenities such as benches, trees, planters, and public art.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
However, the residential portion of this development proposal is recognized by Eagle and Owner
as a desired component to the development. A residential component of similar size and area to
that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.4 Development of the residential portion of the Property will be permitted through the Design
Review process and future conditional use permits for the residential development will not be
required.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three -rail -type decorative
fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited.
(c) Parking shall only be allowed in the designated parking areas or in the garage units of the
multi -family residential units.
3.6 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the CBD zoning designation (except as
permitted in Section 3.7, below).
3.7 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Central Business District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit
application (whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the CBD (Central Business District) zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
considered permitted uses and all uses shown as "C" conditional uses under the CBD (Central
Business District) zoning designation shall require a conditional use permit, except that the
residential portions of the Property described in Section 3.3 shall not require a conditional use
permit.
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The following uses which are shown as "C" conditional uses under the CBD (Central Business
District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
• Apartment
• Multi -family dwelling
• Daycare Center
• Microbrewery
• Parking Lot, Parking Garage
• Parking Lot, Parking Garage, Commercial
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Circuses and Carnivals;
• Nursery, plant materials;
• Restaurant (with drive -through)
• Riding Academies/Stables;
3.8 The townhomes shall be constructed utilizing a style of architecture compatible with "Italianate"
as shown on Exhibit D. The multi -family dwellings shall be constructed utilizing an "Italianate"
styles of architecture as shown on Exhibit E. Commercial/retail buildings, multi -family
residential buildings, and pool house shall be required to meet the design review requirements as
set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design
Review Board approval of the detailed architectural plans for the development is required prior
to the issuance of building permits for commercial/retail buildings, multi -family residential units,
pool house, pumphouse for irrigation, and gazebos.
3.10 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.11 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.
3.12 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing
trees located on -site. The report shall identify, at a minimum, species, size, and health of the trees.
The arborist report and map shall be provided with the submittal of a design review application.
Owner shall provide a narrative indicating how the trees will be incorporated into the design of
the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site
prior to city approval of a tree removal and replacement plan.
3.13 In conjunction with 3.12 above, all living trees that do not encroach upon the buildable area on
any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal and mitigation by the Design Review Board) shall be provided for Design
Review Board approval prior to the submittal of a final plat application.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed common areas throughout the
development, 3) landscape screening details and buffering for the residential units located
adjacent to State Highway 44, 4) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), and 5) useable amenities such as picnic tables, covered
shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review
application shall be reviewed and approved by the Eagle Design Review Board and City Council
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prior to the submittal of a final plat application.
3.15 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located
adjacent to State Highway 44. The public sidewalk shall be constructed in phases. The first phase
from the intersection of East Cedar Ridge Street and Public Road "A" (as shown on the
preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018)
easterly to North Palmetto Avenue shall be constructed with Phase No. 1 of Molinari Park
Subdivision. The second phase from the west property boundary to the east phase line of Phase
No. 2 of Molinari Park Subdivision, and the final phase connecting phases 1 and 3 shall be
constructed with Phase No. 3 of Molinari Park Subdivision. The specific location and design of
the pathway shall be approved by the City of Eagle Park, Pathway and Recreation Commission
prior to submittal of a design review application. The public sidewalk shall be located in a
recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall
be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public
sidewalk is located.
3.16 The parking ratio for the multi -family residential units shall be in conformance with Eagle City
Code Section 8-4-5. Public parking shall be permitted on the private streets.
3.17 Owner shall provide a parking analysis for the commercial buildings at the time of submittal of
a design review application.
3.18 Owner shall be required to provide a public park located within Lot 72C, Block 2 (as shown on
the preliminary plat/preliminary development plan, date stamped by the City on September 11,
2018). The public park shall be operated and maintained by the Molinari Park Subdivision
Homeowner's Association.
3.19 The multi -family units located adjacent to Private Road "D" and Private Road "E" (as identified
on the preliminary plat/preliminary development plan, date stamped by the City on October 9,
2019) shall have live/work commercial space located adjacent to the private roads.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
17. 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 a 6-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Root barriers in accordance with ACM requirements or equivalent
shall be utilized to minimize damage to the adjacent sidewalks. The style of root barrier shall be
reviewed and approved by staff prior to installation. 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.
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18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. 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 Design Review Board) shall be provided for Design Review Board 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. North Palmetto Avenue shall be constructed concurrently with Phase No. 1 (as shown on the
Potential Project Phasing plan, date stamped by the City on September 20, 2018). No certificate of
occupancy permits shall be issued for the townhomes located within Phase No. 1 until ACHD has
accepted the completed North Palmetto Avenue.
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: Design Requirements, Objectives, and Considerations:
A. General Objectives And Considerations: The following apply to the entire Design Review
Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for
the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and,
to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA,
and DSDA shall control. The following, including the provisions set forth in the Eagle
Architecture and Site Design Book, contains a listing of objectives applied to each application,
and a listing of matters which shall be considered by the Design Review Board. The objectives
are separated into two (2) sections: site design and building design. Specific aspects of design
should be examined to determine whether the proposed development will provide a desirable
environment for its occupants as well as for its neighbors, and whether, aesthetically, the
composition, materials, textures and colors meet the intent of this article. The design review
board shall consider the following criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
a. The functional relationship of the structures and the site in relation to its surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access points,
building location and total site development to prevent traffic conflict or congestion;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods and
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commercial areas.
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives And Considerations:
E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD book.
1 Purpose: To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
5. Landscaping and Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8-2A-7 of this article. Other streetscape and design elements shall
comply with the requirements contained within subsection G of this section.
• Eagle City Code Section 8-2A-6(G): Streetscape:
G. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and
number of amenities vary within the different overlay districts of the City. In areas anticipated
to have higher concentrations of pedestrian use wider sidewalks and a further varied number
of amenities are to be made available to enhance the pedestrian experience and to further
encourage the health of the business community. Examples of streetscape design and amenities
are shown within the EASD book.
At a minimum, the following specific streetscape criteria shall apply:
14. Sidewalks within the Community Entry Development Area CEDA shall be a minimum of
eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and
curb. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within
the EASD book and shall be required at all intersections, except that bulb outs shall not
extend into any roadway designated as an arterial or collector as shown on the Ada County
long range highway and street map unless otherwise approved by the highway district
having jurisdiction. A reduced sidewalk section may be permitted if the design review
board finds that the preservation of existing trees justifies a reduced sidewalk section. In
no case however shall the sidewalk be reduced to less than six feet (6') in width.
• Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees:
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:
c. Unless it is determined by the City that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased,
insect infested, or containing similar maladies may be exempt from replacement if
removal is first approved by the city.
e. Planting within public rights of way shall be with approval from the City and the public
entity owning the property.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
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damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with
subsection C2 of this section.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
• Eagle City Code Section 8-2A-7(0) Alternative Methods of Compliance:
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
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:
• Molinari Park Subdivision is a 23.6-acre mixed use planned unit development which includes 120-
lots, 342-units (91-townhome, 3-commercial/residential [consisting of 248-units], 6-commercial,
20-common [inclusive of 4-private streets]). Molinari Park Subdivision is located within the CEDA
(Community Entry Development Area) Design Review Overlay District and includes streetscape
design improvements as required by the City of Eagle along the south side of East Plaza Drive. The
streetscape consists of a ten foot (10') wide sidewalk, historic streetlights, street trees, and tree
grates. The site includes a sensory garden, a plaza area, and a park with concrete seat walls,
pedestrian walk permeable pavers, sculptures with space allocated for future sculptures, and two
mailbox clusters. A linear park is also included which is centrally located within the townhomes
proposed to be constructed south of East Cedar Ridge Street. No buildings are proposed with this
application and none are approved. A separate design review application should be submitted,
reviewed, and approved by the City prior to submittal of a building permit. Staff defers comment
regarding the common area landscaping to the Design Review Board.
• The applicant is proposing to remove 322 trees (Elm, Black Locust, Cottonwood, and Willow)
from the site. The arborist report, date stamped by the City on March 4, 2020, states the condition
of the Elm, Black Locust, Cottonwood, and Willow trees are fair to poor. 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), tree
mitigation for the Elm, Black Locust, Cottonwood, and Willow trees is not required unless the
City determines that replacement is necessary to preserve and/or restore riparian and wildlife
habitat. On August 20, 2020, a detailed wildlife biologist report was received which corresponds
with the arborist report regarding the removal of the existing trees. The report states that
developing the property would have no significant effect on wildlife species of concern. Staff
defers comment regarding the removal of the Willow, Black Locust, Cottonwood, and Elm trees
to the Design Review Board.
If the City approves the removal of the trees and determines mitigation is required for the removal
of the Elm, Black Locust, Cottonwood, and Willow trees, the applicant should be required to:
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A. Provide a revised landscape plan showing an additional 3,684-caliper inches of trees planted
on the site. The revised landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to submittal of a final plat application or
commencement of any construction/demolition on the site, whichever occurs first.
-OR-
B. Provide a contribution to the tree fund for compensation for the removal of the trees in the
amount of $644,700.00 (3,684-inches x $175/caliper inch) pursuant to Resolution 18-34 prior
to submittal of a final plat application or commencement of any construction/demolition on the
site, whichever occurs first
-OR-
C. Any other combination of planting additional trees on -site and/or a contribution to the tree
fund as may be approved by the City. A revised landscape plan and/or contribution to the
tree fund shall be reviewed and approved and/or submitted to the City prior to submittal of a
final plat application or commencement of any construction/demolition on the site, whichever
occurs first.
• On June 18, 2020, the Eagle Parks, Pathways and Recreation Commission (PPRC) recommended
approval of the pathways proposed within this development. The revised plans, dated stamped by
the City on June 29, 2020, show the pathways in compliance with the PPRC's recommendation.
The construction of the pathways (i.e. concrete or asphalt) and public access easements should
comply with the recommendation of the PPRC as specified in the Trails and Pathways
Superintendent memo dated July 2, 2020, and as required within the development agreement. The
pathway is required to be constructed in phases within the landscape buffer located along State
Highway 44. Idaho Transportation Department is scheduled to construct a Continuous Flow
Intersection (CFI) intersection at the intersection of State Highway 44 and North Eagle Road
beginning January of 2021. The construction of the intersection is estimated to be complete by the
end of the 2021 year. The intersection construction will affect the ability to install the 10-wide
pathway and landscape buffer until the intersection is completed. The landscape buffer and pathway
should be constructed once the intersection is complete and in phases that correlate with phases 2,
3, and 4 within the overall subdivision. The landscape buffer and pathway should continue from
phase 4 to the eastern property line, and not wait until phase 5 is proposed. All landscaping and the
pathway that is located along State Highway 44 should be completed within Phases 1, 2, 3, and 4.
• The City is working with the Ada County Highway District (ACHD) on plans to replace sidewalk
areas within downtown Eagle (adjacent to East Aikens Street and State Street). A new sidewalk
design has been approved with the joint Ada County Highway District and City of Eagle project
along East Aikens Street which includes a l0-foot wide sidewalk and a combination of pavers
and gray concrete. The new sidewalk design differs from the sidewalk design in the EASD book.
Below are exhibits showing the approved sidewalk design that will be constructed adjacent to
East Aikens Street in 2023 (see Figure 1 below) and the current sidewalk design identified in the
EASD book (see Figure 2).
The landscape plans, date stamped by the City on August 20, 2020, show the streetscape
improvements adjacent to East Plaza Drive to have a 4-foot wide paver "furnishing zone" and a
6-foot wide gray concrete sidewalk with the exception of sheet L3.0, which notes on the Park
Layout Plan that the sidewalk is to be constructed purusant to the City of Eagle stamped concrete
sidewalk. The applicant should be required to provide a revised landscape plan noting the
sidewalk along East Plaza Drive as an attached 10-foot wide sidewalk, including 4-feet of pavers
and 6-feet of gray concrete with street trees to be planted within silva cells. The revised
landscape plan should be reviewed and approved by staff and two members of the Design Review
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Board prior to the signature of the first final plat or issuance of a building permit, whichever
occurs first.
Figure 1— Proposed Sidewalk along Aikens Street Extension
Figure 2 - Current Sidewalk Exhibit in the EASD book
• The civil and landscape plans, date stamped by the City on August 20, 2020, show North Palmetto
Avenue located adjacent to the eastern portion of Molinari Park Subdivision with a 10-foot wide
landscape area planted with street trees but no sidewalk along the west side of North Palmetto
Avenue at this time. The 8-foot wide sidewalk required in this area will be completed when the
commercial area located within phase 5 of Molinari Park Subdivision is constructed. The 8-foot
wide separated sidewalk required on the west side of North Palmetto Avenue, along with the
commercial buildings, parking, and landscaping should be reviewed and approved by the Design
Review Board prior to the sidewalk on the west side of North Palmetto Avenue being constructed.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
then staff recommends the site specific conditions of approval and the 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 September 24,
2020, at which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by one (1)
individual who felt the application is a great development with beautiful landscaping proposed
throughout the site. In addition, this individual asked the Design Review Board to reconsider the
amount of money charged to the development for the tree fund which is intended to satisfy tree
mitigation of the proposed tree removal on the site.
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C. Oral testimony in opposition to the application was presented to the Design Review Board by three (3)
individuals who voiced concerns that the homes proposed along East Plaza Drive compared to the rest
of the downtown like a wall of homes, making it look too much like downtown Boise. The individuals
felt that the north side of East Plaza Drive looks much nicer than what is proposed to be constructed on
the south side of East Plaza Drive. Other concerns were voiced regarding increased traffic with the
construction of North Palmetto Avenue causing an area that will not be safe for children. In addition,
they felt that the multi -family area adjacent to State Highway 44 would detract from the beautiful
landscape in Eagle as seen from the roadway.
D. Oral testimony neither in favor nor in opposition to the application was presented to the Design Review
Board by one (1) individual who encouraged the Design Review Board to use their heart in making
their decision.
BOARD DELIBERATION: (Granicus time 1:35:44)
Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that:
• The Board discussed and concluded that permitting the removal of the existing trees without on -site
mitigation or financial contribution to the tree fund is appropriate due to the evaluation of the trees as
indicated in the Arborist Report dated March 4, 2020, and the detailed wildlife biologist report dated
August 20, 2020, attached to the staff report and incorporated herein by reference. The Board
determined that the applicant should be required to provide a revised landscape plan showing sixty foot
(60') to seventy foot (70') tall trees (at maturity) and class III shade trees incorporated within the
proposed berm located along State Highway 44.
• The Board is concerned with the proposed height of the berm located along State Highway 44 adjacent
to the residential portion of the development shown on site/landscape plan date stamped by the City on
August 20, 2020. Pursuant to Eagle City Code Section 8-2A-7 (J)(4), the height for berming/fencing
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 Board determined that the applicant should
be required to provide a revised site/landscape plans showing the berm along State Highway 44 to be
8-feet above center line of the right-of-way.
• The Board determined that construction of the berm located along State Highway 44 adjacent to the
residential portion of the development should take place in phase one.
• The Board concluded that a phasing plan with a fencing plan needs to be provided for the overall
development.
• The Board is concerned with the area located north of the residential townhomes between the back of
sidewalk and the right of way on East Plaza Drive. A revised landscape plan sheet L1.1 should be
submitted showing landscaping and/or patio finishes within this area.
• The Board determined that a revised plan showing size, color, and landscape screening around the
pump house located in the southwest corner of the subdivision should be provided.
BOARD DECISION:
The Board voted 6 to 0 (Basher absent) to recommend approval of DR-18-20 for a design review
application for the common area landscaping within Molinari Park Subdivision for Eagle 26, LLC, with
the site specific conditions of approval and standard conditions of approval provided within their findings
of fact and conclusions of law document, dated October 8, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 27, 2020, at which
time the application was remanded to staff. The application came before the City Council on December
8, 2020, at which time the Council made their decision.
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B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-18-20 for a design review application for the common area
landscaping within Molinari Park Subdivision for Eagle 26, LLC, 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 and text shown with strike through to be deleted by the
Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18.
2. No buildings are proposed with this application and none are approved. A separate design review
application shall be submitted, reviewed, and approved by the City prior to submittal of a building
permit.
3. The applicant shall protect in place and preserve existing trees in the publicjark area as depicted on
the landscape plan date stamped by the City on November 24, 2020, on Sheets L1.2 and L2.2 (labeled
as trees 20 and 44-49), and also as shown on their City Council PowerPoint presentation slides dated
December 8, 2020 (slides 11-13) which show a plan view of the existing trees in this area and
numbered arrows that correspond with photos taken from each of the locations shown. The applicant
shall retain the mature cottonwood trees shown in photos 21-29. The applicant's landscape architect
describes these existing trees as "5 multi -tree groupings and 2 stand-alone trees" totaling
approximately 320 caliper inches. The area referenced in this condition along with the corresponding
tree photos are provided on pages 7 and 8 herein.
Additionally, the applicant has agreed to participate in the development of a Conservation and
Education Program (CEP) funding plan for the conservation and/or management of natural and /or
cultural resources, and the development of conversation -based education and outreach programs. The
details of the CEP shall be contained with the CCRs for the Molinari development and shall be
reviewed and approved by the City Council prior to the signature of the first final plat.
4. Provide a revised landscape plan showing the streetscape improvements adjacent to East Plaza Drive
to have a 4-foot wide paver "furnishing zone" adjacent to the curb with a 6-foot wide gray concrete
sidewalk, noting the sidewalk along East Plaza Drive as an attached 10-foot wide sidewalk, including
4-feet of pavers and 6-feet of gray concrete with street trees, (reference Figure 1, page 16 herein). The
revised landscape plan shall be reviewed and approved by staff and two members of the Design
Review Board prior to the signature of the first final plat or issuance of a building permit, whichever
occurs first.
5. The 8-foot wide separated sidewalk required on the west side of North Palmetto Avenue, along with
the commercial buildings, parking, and landscaping shall be reviewed and approved by the Design
Review Board prior to the sidewalk on the west side of North Palmetto Avenue being constructed.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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9. No signs are proposed with this application and none are approved,
10. Provide a landscape phasing plan showing the specific phases for the overall subdivision. The
landscape phasing plan shall be reviewed and approved by staff and two members of the Design
Review Board prior to the signature of the first final plat or issuance of a building permit, whichever
occurs first.
11. Provide a revised landscape plan sheet L 1.1 showing the area north of the residential townhomes with
landscaping and/or patio finishes between the back of the sidewalk and the right-of-way along East
Plaza Drive. The revised landscape plan sheet L1.1 shall be reviewed and approved by staff and two
members of the Design Review Board prior to the signature of the first final plat or issuance of a
building permit, whichever occurs first.
12. Provide a revised site/landscape plan showing the location and styles of fencing to be installed within
the subdivision. The revised site/landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to the signature of the first final plat or issuance of a
building permit, whichever occurs first.
13. Provide a revised site/landscape plan showing size, color, and landscape screening of the pump house
located in the southwest corner of the subdivision. The revised site/landscape plan shall be reviewed
and approved by staff and two members of the Design Review Board prior to the signature of the first
final plat or issuance of a building permit, whichever occurs first.
14.
of -the -development -alert -State-Highway-444e-be-8-feet-abeve4he-senter-line-ef--the-right-ef--way-The
occurs first.
The landscape plan, date stamped by the City on November 24, 2020, showing a minimum 10-foot
tall berm/wall combination (measured from the centerline of SH 44) along the residential portion of
the development adjacent to SH 44 (as shown on sheets L1.0-L4.2) is approved. The alternate berm
design as shown on sheets L5.0-L5.3 is not approved.
15. Provide a revised landscape plan showing sixty foot (60') to seventy foot (70') tall coniferous trees
(at maturity) and class III shade trees incorporated within the proposed 46-foot wide berm located
along State Highway 44. The revised landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to signature of the first final plat or issuance of a building
permit, whichever occurs first.
16. Provide a revised landscape plan showing planting details for the proposed street trees along East
Plaza Drive utilizing permeable pavers, silva cells, or other similar type materials. The revised
landscape plan shall be reviewed and approved by staff and two members of the Design Review
Board prior to signature of the first final plat or issuance of a building permit, whichever occurs first.
17. The berm located along the residential portion of the development along State Highway 44 shall be
constructed with phase one. Provide a revised site/landscape plan showing that the berm located along
the residential portion of the development along State Highway 44 shall be constructed in phase one.
The revised site/landscape plan shall be reviewed and approved by staff and two members of the
Design Review Board prior to signature of the first final plat or issuance of a building permit,
whichever occurs first.
18. Landscape sheet L3.0 contains a detail for stabilized decomposed granite. Provide detailed cut sheets
for the stabilized decomposed granite. The detailed cut sheets shall be reviewed and approved by staff
and two members of the Design Review Board prior to signature of the first final plat or issuance of a
building permit, whichever occurs first.
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19. Provide color samples and detailed cut sheets for all amenities located within the development. The
color samples and detailed cut sheets shall be reviewed and approved by staff and two members of the
Design Review Board prior to signature of the first final plat or issuance of a building permit,
whichever occurs first.
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
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
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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
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.
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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. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to 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 change 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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-18-20) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the CBD-DA-P (Central Business District with a development agreement —
PUD) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping, including
parks, plazas, and a landscape buffer along State Highway 44 are designed to complement the
general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable for a landscape plan;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed common area landscaping adjacent to the residential areas and the landscaped berm along
State Highway 44 are designed to be harmonious and appropriate in appearance within the
downtown area and along the roadway;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed design elements are in accordance with and similar to the design
and features noted in the Downtown Plaza Planning Area containing streetscape areas with
pedestrian amenities including streetlights, benches, bike racks, and public art;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area since the
development will contain a public park, plaza areas, and pathways that are harmonious with the
surrounding 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 buildings within the subdivision, and shall not cover
nor detract from desirable architectural features.
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DATED this 12t1i day of January 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATT ST:
49 9 A P4,*t �L
f,
Tracy E. !! . orn, Eagle ' 1erk !� =
:
V74rE 0 `,
Page 24 of 24
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