Findings - CC - 2022 - DR-72-21 - Common Area Landscaping BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SNOQUALMIE )
BASIN SUBDIVISION FOR RED BUTTE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-72-21
The above-entitled design review application came before the Eagle City Council for their action on
February 22,2022. 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:
Red Butte, LLC, represented by Jaime Snyder with T-O Engineers, is requesting design review
approval of the common area landscaping within Snoqualmie Basin Subdivision. The 12.84-acre site
is located on the southwest corner of West Floating Feather Road and North Palmer Lane at 1833 North
Palmer Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 22,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 11, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On August 25, 2020,the City Council approved a preliminary development plan and preliminary plat
for Snoqualmie Falls Subdivision No. 15 (CU-09-19/PPUD-06-19/PP-09-19).
On May 25, 2021, the City Council approved final development plans and final plats for Snoqualmie
Falls Subdivision Nos. 15-17 (FPUD-03-21/FP-05-21 /FPUD-04-21/FP-06-21 and FPUD-05-21/FP-
07-21.
On November 30,2021,the City Council approved a conditional use permit,preliminary development
plan, and preliminary plat for Snoqualmie Basin Subdivision, a 35-lot (26-residential, 4-commercial,
5-common)mixed use planned unit development(CU-04-21/PPUD-04-21/PP-06-21).
For additional property history see:RZ-13-05 MOD/RZ-13-05 MOD2/RZ-13-05 MOD3/DR-64-06
/DR-64-06 MOD2/FPUD-01-07/FP-01-07/FP-02-07/FPUD-01-12/FP-01-12/FPUD-02-12/FP-
04-12/FPUD-02-13/FP-06-13/CU-08-13/PPUD-07-13/PP-12-13/DR-07-14/FPUD-05-13/FP-14-
13/CU-06-14/PPUD-03-14/PP-09-14/FPUD-04-15/FP-05-15/FPUD-05-15/FP-06-15/FPUD-06-
15/FP-09-15/DR-68-13/DR-68-13 MOD/DR-68-13 MOD2/DR-06-15/DR-06-15 MOD/DR-06-
15 MOD3/DR-06-15 MOD4/EXT-12-09/EXT-07-10/EXT-06-11/CU-06-17/PPUD-03-17/PP-03-
17/DR-44-17/DR-45-17/RZ-13-05 MOD4/FPUD-04-17/FP-18-17/CU-08-17/PPUD-04-17/PP-
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04-17/DR-54-17/FPUD-05-17/FP-02-17/FPUD-01-18/FP-01-18/CU-01-18/PPUD-01-18/PPUD-
02-18/DR-31-18/FPUD-11-18/FP-13-18/FPUD-13-18/FP-15-18/FPUD-15-18/FP19-18/FPUD-
16-18/FP-20-18 /RZ-13-05 MODS /FPUD-17-18/FP-21-18 / CU-05-18/PPUD-03-18/PP-09-18 /
FPUD-06-19/FP-08-19 / FPUD-07-19/FP-09-19/ FPUD-08-19/FP-12-19/ CU-02-19/PPUD-02-
19/PP-02-19/FPUD-10-19/FP-15-19/CU-09-19/PPUD-06-19/PP-09-19.E.
E. COMPANION APPLICATIONS: DR-73-21 (signage).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-2-DA-P(Residential with a Vacant parcel
Residential development agreement—
PUD)
Proposed No Change No Change Single-Family, Residential,
and Commercial Planned
Unit Development
North of site Neighborhood R-4-DA(Residential with a Agricultural(Proposed
Residential development agreement) Millstone Farms Planned
Unit Development)
South of site Neighborhood A-R(Agricultural- Single-Family Residence
Residential Residential)
East of site Neighborhood MU-DA(Mixed Use with a Agricultural(Proposed
Residential development agreement)and Torrente Seco Planned
RUT(Rural-Urban Transition Unit Development)and a
—Ada County designation) Single-Family Residence
West of site Neighborhood R-2-DA-P(Residential with a Agricultural(Proposed
Residential development agreement— Arvory Crest Planned Unit
PUD) Development)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The Foothills Ditch runs along the southern property line of the site. There are existing trees located
north of the Foothills Ditch.
J. SITE DATA:
Total Acreage of Site— 12.84-acres(623.9-acres)
Total Number of Lots—35 (1,214-residential[inclusive of 62-lots transferred to Arvory Crest
Subdivision])
Residential—26
Commercial—4
Industrial—0
Common—5
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Total Number of Units-26
Single-family—26
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required pursuant to Eagle City Code Section 8-2A-7(J)(4)(a and b)and Condition of Development
#3.11 of the executed development agreement(Ada County instrument#2018-030159),the preliminary
plat and development plan,date stamped by the City on April 16,2021, show the required buffer areas
located along West Floating Feather Road and North Palmer Lane.
Open Space:
A total of 3.3-acres (31.6% [based on residential area]) of common area open space (5-common lots)
is proposed within the planned unit development. The preliminary plat and development plan, date
stamped by the City on April 16,2021, shows a centralized 1.63-acre common area open space(Lot 5,
Block 2) which will be utilized to include the storm drainage area (approximately 7,000-square-feet,
0.16-acre). The remaining area of Lot 5, Block 2, is designed to maintain a majority of the existing
trees located within the property and contain an easement associated with the Foothills Ditch. The
preliminary development plan, date stamped by the City on April 16, 2021, shows a 15-foot-wide
irrigation access and shared use gravel pathway located along the Foothills Ditch. The common areas
located along West Floating Feather Road and North Palmer Lane (Lot 1, Block 1) will include the
required buffer areas. Based on the prior approvals associated with the Legacy development and the
subject proposed subdivision, the overall development currently consists of 225.42-acres (36.13%)of
common area open space, of which 60.62-acres(26.9%) is active open space.
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&R's 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:
The preliminary plat and development plan, date stamped by the City on April 16, 2021, notes the
required public utility, drainage, and irrigation easements. The rear lot line and interior side lot line
easements have been reduced in width to allow for the approved reduction of setbacks. The applicant
is required herein to place all utilities underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The water system will
be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon
completion by the applicant and acceptance by the City.
On-site Septic System —Yes
The site previously contained a residential dwelling. The applicant will be required to provide proof
indicating the septic system has been probably abandoned.
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Preservation of Existing Natural Features:
The applicant has provided a Wetlands Review Letter, Preliminary Plat Application, date stamped by
the City on April 16,2021 (attached to the staff report),which indicates the site contains a riparian area
which became established from irrigation supply water.Also,the site contains mature trees which will
be retained within Lot 5, Block 2.
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:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 32-existing trees on the site. The
applicant is proposed to retain 20 trees and remove 12 trees.Below is a list of all existing trees proposed
to be retained and removed from the site as identified on the landscape plan, date stamped by the City
on December 22,2021.
Tree Specie Caliper/Height Condition Remove/Retained Replacement
Inches/Feet
per ECC
Cottonwood 65" Multi-stem Remove TBD
1-2 54" Multi-stem
Cottonwood 52" Multi-stem Retain N/A
3-7 29" Good
29" Good
43" Multi-stem,Good
38" Multi-stem,Good
Cottonwood 52" Multi-stem,Good Remove TBD
8
Cottonwood 29" Good Retain N/A
9-18 18" Large dead tree leaning on it
18" Good
18" Good
20" Good
18" Good
12" Good
28" Good
28" Good
24" Good
Cottonwood 24" Good Remove TBD
19
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Cottonwood 39" Good Retain N/A
20-24 48" Multi-stem
48" Multi-stem
30" Good
54" Multi-stem
Cottonwood 33" Good Remove TBD
25
Silver Maple 8" Good Remove TBD
26
Cottonwood 8" Good Remove TBD
27-28 48" Multi-stem
Silver Maple 24" Good Remove TBD
29-30 8" Good
Cottonwood 8" Good Remove TBD
31-32 8" Good
Total caliper inches/feet of trees required to be replaced on site TBD by the
Design Review
Board and City
Council
Total caliper inches proposed for mitigation 0"
Total caliper inches being removed 340"
Tree Replacement Calculations:
The applicant is proposing to remove 12-trees from the site.Due to the specie type,the applicant is not
proposing to mitigate for the trees. See page 13 for discussion.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Floating Feather,North Palmer Lane,and along the
internal streets of the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:All landscaping associated with the commercial lots will be reviewed with a
future design review application.
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS: N/A
Q. OUTDOOR LIGHTING:
A lighting plan showing location, height, wattage and detailed lighting cutsheets were provided and
comply with Eagle City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-73-21)has been
submitted for the approval of subdivision signs proposed within the development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within City of Eagle Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—yes—riparian area as identified on the preliminary plat and
development plan,and Wetlands Review Letter,Preliminary Plat Application,date stamped by the City
on April 16,2021 (See Section"W").
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—located within the southern central portion of the site(Lot 5,Block 2)
Riparian Vegetation—yes—see"Areas of Critical Environmental Concern"above
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—yes—contained within the riparian area
Unstable Soils—unknown
Wildlife Habitat—yes—large nest contained within the existing trees
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
The applicant has provided a Wetlands Review Letter. The document indicates that based on the fmal
Navigable Waters Protection Rule (NWPR) effective June 22, 2020, as issued by the U.S.
Environmental Protection Agency and the U.S. Army Corps of Engineers (33 CFR 328.3), wetlands
established in uplands from irrigation supply that would revert to upland should application of irrigation
water cease do not meet the definition of"Water of the United States".Thus,wetlands within the project
area are likely not jurisdictional.
X. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Eagle Fire Department
Foothills Ditch Company
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
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showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE 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:
Neighborhood Residential
Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per
acre.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.11 Owner shall provide an on-site tree lines landscape strip along State Highway 16,Linder
Road,Floating Feather Road, and the east/west collector and Palmer Lane,which landscape
strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on
Exhibit E attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The
landscaping, including street trees and pathways, shall be reviewed and approved as required
by the applicable provisions in the Eagle City Code and as set forth below:
3.11.2 A 50-feet wide landscape strip along Linder Road and Floating Feather Road shall
include a minimum eight-foot-high berm/wall combination with extensive
landscaping per ECC 8-2A-7 to provide a buffer.
3.11.3 A 35-foot wide landscape strip along all collector roads on the Owner's Remaining
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Property, including Palmer Lane, shall include a minimum of five-foot-high
berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a
buffer.
C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHOCH 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).
9. The applicant shall be required to comply with the Parks,Pathways,and Recreation Commission's
Pathway Recommendation,dated August 9,2021, prior to the City Clerk signing the final plat.
10. The applicant shall construct a minimum 5-foot-wide detached sidewalk located within the
common lot located along the south side of West Floating Feather Road. The detached sidewalk
shall be constructed prior to the City Clerk signing the final plat.
12. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands, and all common areas throughout the subdivision, 3) building elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house, 5)useable amenities such as picnic tables, covered
shelters,benches,gazebos,and/or similar amenities(if proposed),and 6)proposed style of fencing.
The design review application shall be reviewed and approved by the Eagle Design Review Board
and Eagle City Council prior to the submittal of final development plan and final plat applications.
13. 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. 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.
14. All living trees shall be preserved unless otherwise determined by 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 prior to the submittal of a final
plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
16. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat.
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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)(3): Fences:
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
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 tree is removed, an acceptable replacement would be two(2) six feet(6')
tall coniferous trees.
b. When a homeowners association or its agent removes tree(s)from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required
provided the site remains in compliance with subdivision's approved landscape plan as
determined by the city.
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.
d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in
section 8-1-2 of this title,the tree(s)may be removed without approval provided that the
city is notified after the tree's removal and provided with documentation indicating the
tree's condition at time of removal.
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e. Plantingwithinpublic rights of wayshall be with approval from the city and the public
g
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
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(J)(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 typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100)linear feet of right of way: four(4)
shade trees,five(5)evergreen trees,and twenty four(24) shrubs.Each required shade tree
may be substituted with two(2)flowering/ornamental trees,provided that not more than fifty
percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall,cultured
stone,decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm,a four foot(4')wide flat area shall be provided for the placement of the
decorative wall. Chainlink,cedar,and similar high maintenance and/or unsightly fencing
shall not be permitted.
b. Any road designated as a minor arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of fifty feet(50')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: five(5) shade
trees,eight(8)evergreen trees,three(3)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.
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A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,
cultured stone,decorative rock, or similarly designed concrete wall,or combination thereof
shall be provided within the buffer area.The maximum slope for any berm shall be three feet
(3')horizontal distance to one foot(1')vertical distance.If a decorative block wall,cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot(4')wide flat area shall be provided for the placement of the
decorative wall. Chainlink,cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
• Eagle City Code Section 8-2A-7(0): Alternate 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 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
Snoqualmie Basin Subdivision, a 35-lot(26-residential,4-commercial, 5-common)mixed use
planned unit development. The common area consists of street trees and buffers along North
Palmer Lane and West Floating Feather, and pathway along the Foothills Ditch.
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• Pursuant to past action by the Design Review Board(DR-54-17—Snoqualmie River Subdivision
No. 1 and DR-64-19—Snoqualmie River Subdivision No.4 located south of the site),the
applicant was permitted to reduce the number of trees planted within the buffer area along West
Floating Feather Road,which is classified as a minor arterial and the buffer area along North
Palmer Lane,which is classified as a collector. This was based on the applicant increasing the
minimum width of the berms, increasing the minimum height of the berms, and increasing the
minimum size of the deciduous and conifer plant material.
With regard to this application,the applicant is requesting approval of an alternative method of
compliance to continue the reduced but taller/larger plant materials and taller/wider berms along
North Palmer Lane(residential collector)and West Floating Feather Road(minor arterial [will be
reclassified as a residential collector]). The deciduous trees are proposed to be 2.5-inch caliper at
the time of planting and the evergreen trees are proposed to be 10-foot in height at the time of
planting.
North Palmer Lane is classified as a residential collector and pursuant to Eagle City Code
requires a 35-foot wide buffer and 5-foot high berm planted with 4 deciduous trees, 5 evergreen
trees,and 24 shrubs per 100 linear feet of frontage. Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a), a 5-foot high berm planted with 12 deciduous trees, 15 evergreen trees,and 72 shrubs
are required to be planted within the 300-feet of frontage along North Palmer Lane. The
landscape plan shows a minimum 50-foot wide buffer and up to 8-foot tall berm planted with 5
deciduous trees, 8 evergreen trees,6 flowering trees and 67 shrubs to be planted adjacent to North
Palmer Lane.
West Floating Feather is classified as a minor arterial(will be reclassified as a residential
collector)and pursuant to Eagle City Code requires a 35-foot wide buffer and 5-foot high berm
planted with 4 deciduous trees, 5 evergreen trees,and 24 shrubs per 100 linear feet of frontage.
Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a),a 5-foot high berm planted with 36
deciduous trees,45 evergreen trees, and 214 shrubs are required to be planted within the 890-feet
of frontage along West Floating Feather. The landscape plan shows a 50-foot wide buffer and up
to 8-feet tall berm planted with 16 deciduous trees,28 evergreen trees, 11 flowering trees,and
177 shrubs to be planted adjacent to West Floating Feather.
Staff defers comment regarding the alternate method of compliance for reduced but larger/taller
plant material and the wider and taller berms along North Palmer Lane and West Floating Feather
to the Design Review Board.
• The applicant is proposing to remove 12 trees (9 Cottonwood and 3 Silver Maple) from the site.
The landscape plan, date stamped by the City on December 22, 2021, states that 4 trees are multi-
stem and 8 trees are in good condition. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a),
existing trees are required to be retained on site unless removal is approved in writing by the City.
Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), unless it is determined by the City that
replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of
Cottonwood and Silver Maple trees do not require replacement. 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. The applicant provided
correspondence from Tamsen Binggeli,Environmental Project Manager with T-O Engineers,that
states that the site has riparian and potential wetland areas that are not jurisdictional. Preliminary
plat condition no. 6, requires the applicant to provide a report or analysis of the wetlands, any
proposed changes to the wetlands to be approved by the U.S. Army Corps of Engineers.
Staff defers comment regarding the removal of the twelve trees to the Design Review Board.
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If the City approves the removal of the trees and determines mitigation is required for the removal
of the 12 trees(340-caliper inches),the applicant should be required to:
A. Provide a revised landscape plan showing an additional 340-caliper inches of trees planted on
the site. The revised landscape plan should be reviewed and approved by staff and two
members of the Design Review Board prior to submittal of a final plat application.
-OR-
B. Provide a contribution to the tree fund for compensation for the removal of the trees in the
amount of$59,500.00(340 x$175.00/caliper inch=$59,500.00)pursuant to Resolution 18-34
prior to submittal of a final plat application.
-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 should 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.
• The landscape plan shows a pathway connection from the westernmost cul de sac to the gravel
access road,however,the construction of that pathway is not noted.
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The applicant should be required to provide a revised landscape plan showing the pathway
connection from the gravel access road to the cul de sac at the end of North Prancing Pony Place
to be built to the City standard for natural surface. The revised landscape plan should be reviewed
and approved by staff prior to submittal of the final plat application.
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• The fencing plan calls out a 6-foot tall cedar fencing on the boundary of the subdivision and the
rear of two lots adjacent to the future commercial area.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 overall site design.
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Staff defers comment regarding the cedar fencing 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 January 27,2022,
at which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed landscape plan, including the request for the alternative method
of compliance for the landscape buffers adjacent to North Palmer Lane and West Floating Feather.
• The Board is in favor of the proposed tree removal of the 12 trees. The Board determined mitigation
should not be required for the twelve trees due to the type of trees and retention of 20 trees.
• The Board is in favor of the wood fencing proposed along the western boundary of the site and at the
rear lot lines of two residential lots adjacent to the future commercial area. The wood fencing is
decorative and has been utilized in previous phases of Legacy.
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BOARD DECISION:
The Board voted 6 to 0(Germano absent)to recommend approval of DR-72-21 for a design review
application for the common area landscaping within Snoqualmie Basin Subdivision for Red Butte, LLC,
with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document,dated February 10,2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 22,2022,at which
time the Council made their decision.
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-72-21 for a design review application for the common area
landscaping within Snoqualmie Basin Subdivision for Red Butte,LLC,with the following Design Review
Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-04-21/PPUD-04-21/PP-06-21.
2. Provide a revised landscape plan showing the pathway connection from the gravel access road to the
cul de sac at the end of North Prancing Pony Place to be built to the City standard for natural surface
or as approved by the Foothills Ditch Company. The revised landscape plan shall be reviewed and
approved by staff prior to submittal of the final plat application.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
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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
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,
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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 fmal 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.
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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-72-21) 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:
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A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA-P (Residential 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 is 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;
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;
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; and
I. No signs are proposed with this application. A separate design review application(DR-73-21)has
been submitted for the subdivision entry monument sign and will be required to be harmonious
with the architectural design of the subdivision, and will not cover nor detract from desirable
architectural features.
DATED this 22nd day of February 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
ason fierce,Mayor
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