Findings - DR - 2022 - DR-52-21 - Terra View Park And Trailhead Parking BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR TERRA )
VIEW PARK AND TRAILHEAD PARKING )
FOR TERRA VIEW,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-52-21
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 10,2022. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Terra View, LLC, represented by Jaime Snyder with T-O Engineers, is requesting design review
approval of Terra View Park and trailhead parking. The 11-acre park area and 8.2-acre trailhead
parking area are generally located on the northeast corner of West Beacon Light Road and State
Highway 16 at 8040 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 8, 2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 13, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 9, 2009, the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement in lieu of
a PUD)for the Terra View development for SB/CH Land Company(Flack/Carlock),LLC.At that time
the Council instructed staff to work with the applicant to address the concerns of the Council regarding
transitioning of lots adjacent to the eastern boundary prior to approving the development agreement for
the project(A-16-07/RZ-23-07).
On January 9, 2009, the City Council approved the development agreement associated with the Terra
View development for SB/CH Land Company(Flack/Carlock), LLC.
On January 10,2012,the City Council approved a modification to the development agreement to extend
the time for submittal of a preliminary plat application and to correct a typographical error contained
within a condition of development(RZ-23-07 MOD).
On February 4, 2015, an extension of time to submit a preliminary plat was approved pursuant to
Condition of Development 3.2 of the executed development agreement(Instrument#109021224).The
extension of time was approved to be valid until February 25,2017(RZ-23-07).
On March 14, 2017, the City Council approved a development agreement modification regarding the
timing of submittal of a preliminary plat application(RZ-23-07 MOD2).
On January 25, 2022, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County designation)to MU-DA (Mixed Use with a development agreement [in lieu
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of a PUD]) for approximately 44-acres, a development agreement modification, and preliminary plat
approvals for Terra View Subdivision(A-02-21/RZ-02-21/RZ-23-07 MOD3 & PP-03-21).
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Village/Community RUT(Rural Urban Transition Agriculture
Center, Compact —Ada County designation)
Residential,and Large and MU-DA(Mixed Use with
Lot Residential a development agreement [in
lieu of a PUD])
Proposed No Change MU-DA(Mixed Use with Mixed use development
Development Agreement[in including commercial,
lieu of a PUD)Area currently retail, single-family,multi-
zoned RUT(Rural-Urban family residential.
Transition—Ada County
designation)
North of site Large Lot Residential RUT(Rural Urban Transition Two(2)single-family
and Agriculture/Rural —Ada County designation) residences and vacant
and A-R-DA(Agricultural- property
Residential with a
development agreement)
•
South of site Village/Community RUT(Rural Urban Single-family dwelling,
Center Transition), MU-DA(Mixed agriculture,vacant parcel,
Use with development and proposed Treasure
agreement), and C-1-DA Valley Chevron
(Neighborhood Commercial
with a development
agreement)
East of site Village/Community RUT(Rural Urban Transition Four(4)single-family
Center,Compact —Ada County designation) residential homes and
Residential, and Large agriculture
Lot Residential
West of site Mixed Use, Large Lot RUT(Rural Urban Transition Three(3)single-family
Residential,and Estate —Ada County designation), residences and golf course
Residential(City of Star) MU-DA(Mixed Use with a
development agreement [in
lieu of a PUD])
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS: The site is currently being used for agricultural uses.
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J. SITE DATA:
Park Site— 11-acres
Trailhead Parking Site—8.2-acres
K. PARKING ANALYSIS:
The applicant is proposing 59-parking spaces in the main park area. There are 24-parking spaces and
5-pull through trailer parking spaces within the trailhead parking lot with an additional 3-trailer parking
spaces along the west side of the access road to the trailhead parking lot.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct four (4) buildings to be utilized as a pavilion, park restroom
facility,cupola and sportsman restroom facility.
Height and Number of Stories of Proposed Buildings:
Park Restroom Facility—23' 8"
Pavilion Structure—27' 6"
Cupola Structure— 18'
Sportsman Restroom Facility— 18'
Gross Floor Area of Proposed Buildings:
Park Restroom Facility—683-square feet
Pavilion Structure—2,040-square feet
Cupola Structure—400-square feet
Sportsman Restroom Facility—640-square feet
On and Off-Site Circulation:
A 17,500-square foot(approximately) paved parking lot provides parking for vehicles using the park
site. Two 24-foot wide driveways are proposed on the south property line and provide access to the
future West Riojo Drive within Terra View Subdivision.
A 22,800-square foot (approximately) gravel parking lot provides parking for vehicles and vehicles
with trailers using the trailhead site. One 24-foot wide gravel access road provides access to and from
the trailhead parking area and provides access to West Peonia Drive within Terra View Subdivision.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Metal(brown)
Walls: Split face CMU(chocolate), Honed Centered Scored CMU (chocolate), Vertical Cedar Siding
(brown), Stone Veneer
Windows/Doors: Fiberglass(chocolate)
Fascia/Trim: Wood(brown)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
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Street Trees: Street trees are proposed along West Riojo Drive and North Palmer Way.
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 associated with the park.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
O. TRASH ENCLOSURES:
One(1)216-square foot trash enclosure is proposed to be located within the trailhead parking area. The
enclosure is proposed to be constructed of split face CMU walls and metal gates; all of which will
match the materials and colors used in the construction of the sportsman restroom building.
No trash enclosure has been proposed near the main park area on West Riojo Drive and North Palmer
Way. The applicant should be required to provide a trash enclosure within the parking lot of the main
park site.
P. MECHANICAL UNITS:
No ground mounted or roof top mechanical units are proposed with this application and none are
approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage and detailed lighting cutsheets
were received by the City and comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application and none are approved.
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-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
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Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ballentyne Ditch
Department of Environmental Quality
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Marathon Pipe Line, LLC
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
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.
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THE DESIGN REVIEW BOARD 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:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods, services and
employment for areas that are removed from downtown Eagle. Uses and residential densities vary
based on location. See the planning area text for a complete description of site specific uses.
Compact Residential
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential
and Agricultural/Rural designations.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
6.6 Village Planning Area
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus, hospitality, and office uses. Non-residential uses will be focused in
the Village Center.
B. DEVELOPMENT AGREMEEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 Land Uses.The Property shall consist of approximately 270.4 acres of single-family residential
use and approximately 60.6 acres of mixed-use in the Multi Use Area, as shown on Exhibit C,
that may include up to 12-acres of multi-family and/or single-family attached dwellings. The
residential area may include approximately 71.5 acres of common area, including a community
park with a swimming pool, significant lake and pond amenities. In addition to such common
areas, the Public Park Area, as shown on Exhibit C, shall contain a city park of a minimum of
11 acres and a public trailhead of a minimum of 8.2 acres. Approximately 2 acres in the Multi
Use Area shall be dedicated to the City of Eagle for its selected uses.An approximately 3.2-acre
parcel located in the northeast corner of the Property with separate access off Hartley Rd. shall
be reserved for Terra View, LLC's office with parking and enclosed equipment garage (the
"Development Office Lot").
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3.7.1 Owner shall dedicate to the City the portions of the Property identified as"City Park"and
"Trailhead Improvements"on Exhibit C for public use,which parcels will include:
3.7.1.1 A parcel of a minimum of 11 acres for a future city park in the area designated as
"City Park"on Exhibit C. Owner shall develop the City Park generally consistent
with the proposed City Park Concept Plan(Exhibit C1)prior to recording the plat
for the 150th single-family lot the Owner shall dedicate the lot and bond for
improvements. The city park shall be constructed and accepted by the City Prior
to recording the Plat for the 275th single-family lot.
3.7.1.2 A parcel of a minimum of 8.2 acres for a future trailhead in the area designated as
"Trailhead Improvements" on the Exhibit C. Owner shall develop the future
trailhead generally consistent with the proposed Trailhead Improvements Concept
Plan (Exhibit C2)and dedicate the property for the Trailhead and provide surety
for the improvements prior to recording the plat of the 320th Single-Family lot and
complete the Trailhead prior to recording the plat for the 365th single-family lot.
Owner and City shall work together to may enter into an agreement for partial City
reimbursement of the associated costs to develop the City Park utilizing restricted park impact
fees, other City capital funds, grants, or other sources of funding. Owner and City shall work
together to enter into an agreement for partial City reimbursement to develop the future
trailhead utilizing City capital funds, grants, or other sources of funding. The timing and costs
associated with the development of the City Park area and the future trailhead shall be
determined prior to the execution of a reimbursement agreement.
3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and
commercial areas shall be provided consistent with the Parks, Pathway, and Recreation
Commission's Pathway Recommendation,dated March 19, 2021, prior to the City Clerk signing the
final plat associated with the required improvement(s).
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
16. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot-wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the
final plat the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion.
17. All living trees shall be preserved, unless otherwise determined by the Design Review Board and
the City Council. A detailed landscape plan showing how the trees will be integrated into the open
space areas or private lots(unless approved for removal by the City Council)shall be provided for
City Council final approval prior to the submittal of a final plat. Construction fencing shall be
installed (pursuant to the Design Review Board's direction) to protect all trees that are to be
preserved, prior to the commencement of any construction on the site.
25. Provide a revised preliminary plat showing the approximately 44-acres located at the northwest
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corner of the project to be similar to the proposed layout presented by the applicant at the January
25, 2022, Council meeting. The revised preliminary plat shall be provided prior to submittal of a
design review application.
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.
E. DISCUSSION:
• The applicant is requesting design review approval of the Terra View Park and Trailhead Parking.
The park area is 11-acres and the trailhead parking area is 8.2-acres. The park area includes a
restroom facility, pavilion structure, cupola, playground, splash pad, benches and picnic tables,
open field space, and walking pathways. The trailhead parking area includes a gravel parking area
for twenty-four cars and five trailer parking spaces, trash enclosure, sportsman restroom facility,
natural surface trail leading to BLM property,and trailer pull-off area adjacent to the gravel access
road.
The applicant has had numerous meetings to discuss the design, colors, and materials of the
proposed structures within the park area and trailhead parking area. To help with maintenance the
structures and restroom facilities have been designed to complement other park facilities within the
City of Eagle. The architecture of the buildings most closely resembles the Craftsman style of
architecture which is permitted within the EASD book. Staff defers comment regarding the
building architecture,materials, and colors to the Design Review Board.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code Section 8-2A-13(B)(2)(d&e),the proposed building should
be designed to not interfere with the visual character,quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed buildings regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The application and plans do not show a trash enclosure to be constructed within the main park
area. The applicant should be required to work with the City with regard to providing a trash
enclosure located within the parking lot of the main park area located at West Riojo Drive and
North Palmer Way. Detailed plans showing size, materials, colors, etc. should be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on February 10,2022,
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 application as submitted; however,they did express concern regarding the
open waterway along the north and west property of the park site and would recommend Council
consider installing a fence adjacent to the open waterway.
BOARD DECISION:
The Board voted 3 to 0(Germano,Duperault,Lindgren and Merrill absent)to recommend approval of DR-
52-21 for a design review application for Terra View Park and Trailhead Parking for Terra View, LLC,
with the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-02-21/RZ-02-21/RZ-23-07 MOD3 &PP-03-21.
2. Provide a trash enclosure located within the parking lot of the main park area located at West Riojo
Drive and North Palmer Way. Detailed plans showing size, materials, colors, etc. shall be reviewed
and approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
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.
10. Provide a revised landscape plan showing the required landscaping around the trash enclosure within
the parking lot of the main park area. The revised landscape plan shall be reviewed and approved by
staff prior to the issuance of a zoning certificate.
11. Provide detailed plans of the seat walls around the playground and splash pad showing the design,
materials,colors,etc. The detailed plans shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
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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
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.
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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,
Y,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
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river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest 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.
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CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-52-21) 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 Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a park and trailhead parking lot are permitted with the approval of a design
review application within the MU-DA (Mixed Use with Development Agreement [in lieu of a
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 park and trail parking area are designed
to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the park and trailhead parking area both have
on-site parking;
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 park structures have been designed with quality materials that will complement the
buildings in the general area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the park
structures are in conformance with the Eagle Architecture and Site Design Book;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed buildings are in conformance with the required setbacks and
height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the park and trailhead
parking area have been designed with sidewalks and pathways providing walkability throughout
the site and to future development areas;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 24th day of February 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Robert Grub , Chairman
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