Findings - CC - 2022 - DR-01-22 - Rene Commons Subdivision Common Area Landscaping BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN RENE COMMONS )
SUBDIVISION FOR STERLING LAND )
DEVELOPMENT INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-01-22
The above-entitled design review application came before the Eagle City Council for their action on March
8, 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:
Sterling Land Development, Inc., represented by Kim Siegenthaler with Jensen Belts Associates, is
requesting design review approval of the common area landscaping within Rene Commons
Subdivision. The 5.58-acre site is located approximately 160-feet north of the intersection of East
Windrose Street and North Falling Water Way at 2425 East Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 5, 2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 10, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 11, 2022, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition—Ada County designation) and R1 (Estate Residential—Ada County Designation)to R-4-
DA(Residential with a development agreement)and preliminary plat for Rene Commons Subdivision,
a 22-lot(17-buildable, 5-common)residential subdivision(A-07-21/RZ-08-21 &PP-10-21).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential RUT(Ada County Single-family dwelling and
Designation)and R1 agricultural
(Residential—Ada County
designation)
Proposed No Change R-4-DA(Residential with a Single-family residential
development agreement) subdivision
North of site Neighborhood RUT(Ada County Single-family dwelling and
Residential Designation) agricultural
South of site Compact Residential R-3 (Residential) Single-family residential
(Wycliffe Estates
Subdivision)
East of site Neighborhood R-4(Residential) Single-family residential
Residential (Echohawk Estates
Subdivision No.4)
West of site Compact Residential R-5-DA-P(Residential with a Single-family residential
development agreement— (Rene Place Subdivision)
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 has an existing single-family dwelling and accessory structure that will be removed.
J. SITE DATA:
Total Acreage of Site—5.58-acres
Total Number of Lots-22
Residential- 17
Commercial- 0
Industrial-0
Common- 5
Total Number of Units-
Single-family- 17
Duplex-0
Multi-family-0
Total Acreage of Any Out-Parcels—0-acres
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
An eleven-foot-wide (11')natural path is proposed along the south side of the Farmer's Union Canal
that runs in an east-to-west direction through Lot 1,Block 2.
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Common Area Open Space:
The subject property,as proposed,will provide a total of 1.23-acres of useable common area open space
through common lots, including Lot 1,Block 2,which provides a common lot adjacent to the existing
Farmer's Union canal to the north, which is inclusive of the 0.26-acres provided through the parkway
planter strips.
Active open space is provided through four(4) of the common lots which are amenitized with either
walkways, seating areas, or both.
The subject property,as proposed, includes:
• an eleven-foot-wide(11')natural path within Lot 1,Block 2;
• an eight-foot-wide (8') pedestrian pathway with a wood trellis shelter with a seating area within
Lot 2,Block 2;
• a six-foot-wide (6') pedestrian pathway and the neighborhood mailbox cluster within Lot 3 of
Block 1; and
• an open lawn area with a seating area within Lot 13,Block 2.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. The subject
property,as specified within the preliminary plat,indicates that a 12-foot-wide permanent easement for
public utilities, irrigation, lot drainage, sewer, irrigation, and street lights shall be located adjacent to
any public street,a 6-foot-wide permanent public utilities,irrigation,and lot drainage easement will be
located adjacent to all side lot lines, and a 12-foot-wide permanent public utilities, irrigation, and lot
drainage easement will be located adjacent to all rear lot lines.
Eagle City Code section 9-5-3-8 requires all new service utilities to be placed underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System:No
Preservation of Existing Natural Features:
No existing trees or natural features on site are specified for preservation.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. BUILDING DESIGN FEATURES:
Trellis:
Columns: Wood(Alabaster SW7008)
Roof: Wood(Alabaster SW7008)
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Mailbox Cluster Cover:
Columns: Wood(Alabaster SW7008)
Roof: Wood(Alabaster SW7008)
M. 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.
Street Trees: Street trees are proposed along North Falling Water Way and East Monhegan Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
A site plan showing location of the street lights and a detailed cutsheet showing the style,color,height,
and illumination type were received. The lighting is proposed to be LED and 3500 Kelvin. Eagle City
Code permits LED lighting up to 3000 Kelvin.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company service area and within the boundaries of the Eagle Sewer District.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Not known
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—None known to date
Unique Plant Life—None known to date
Unstable Soils—None known to date
Wildlife Habitat—None known to date
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
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W. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's response dated January 11,2022, are of special concern(see attached).
Eagle Fire Department
X. LETTERS FROM THE PUBLIC:None received to date.
Y. 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.
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:
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Compact Residential
Suitable for single family residential. Densities range from 4-units per acre to 8 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 Owner shall submit a design review application showing at a minimum: 1)planting plans, details,
and specifications within all proposed common areas throughout the development, 2) plans,
elevations,and specifications for all proposed common area structures, 3)useable amenities such
as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 4) all proposed fencing throughout the development, and 5) street lights. The design
review application shall be reviewed and approved by the Eagle Design Review Board and City
Council prior to the submittal of a final plat application.
3.6 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing
trees located on site.The report shall identify,at a minimum,species, size,and health of the trees.
The arborist report and map shall be provided with the submittal of a design review application.
Owner shall provide a narrative indicating how the trees will be incorporated into the design of
the subdivision(or mitigated if approved for removal)prior to removal of the trees.No trees shall
be removed from the site prior to city approval of a tree removal and replacement plan.
3.7 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by
the City Council upon recommendation by the Design Review Board. A detailed landscape plan
showing how the trees will be integrated into the open space areas(unless approved for removal
and mitigation) shall be provided for Design Review Board approval prior to the submittal of a
final plat application.
3.8 Owner shall construct the neighborhood amenities including, but not limited to, the mailbox,
pedestrian pathways,and seating areas at the locations shown on the Concept Plan(Exhibit C),or
provide surety,prior to the signing of the first final plat.
3.9 The applicant shall be required to comply with the Parks,Pathways,and Recreation Commission's
pathway recommendations(Exhibit G), as identified in the Trails and Pathway Superintendent's
memo,dated August 27,2021,except that,where required in order to maintain the integrity of the
existing canal bank, portions of the proposed natural pathway located within Lot 1, Block 2 and
adjacent to the south side of the existing Farmer's Union Canal may be reduced to a minimum of
8-feet in width.
C. 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.
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• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
6. Except as otherwise permitted within this title,incandescent lights,two hundred fifty(250)watt
maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)
shall be the only type of site and building lighting permitted.
D. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Rene
Commons Subdivision,a 22-lot(17-residential, 5-common)residential subdivision. The common
area consists of street trees,a trellis,a picnic table,and pathways on the north and south sides of
East Monhegan Drive and along the Farmer's Union Canal.
• The landscape plan shows a six foot wide pathway on the south side of Monhegan Drive that pivots
prior to the stairway within Wycliffe Estates Subdivision to the south.
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Pursuant to the City Trails and Pathways Superintendent transmittal response(see plan above),the
applicant should be required to provide a revised landscape plan showing the pathway located on
the south side of East Monhegan Drive with the transition of the radiuses so that they are not right
angles,the pathway width maintaining the width of the stair treads,and verify the angle of the stairs
shown on the plan. The revised landscape plan should be reviewed and approved by staff prior to
submittal of the final plat application.
• The detailed lighting cutsheet for the streetlight shows the LED illumination to be 3500K.Pursuant
to Eagle City Code Section 8-4-4-2, LED is permitted to be up to 3000K. The applicant should be
required to provide a revised detailed lighting cutsheet showing the LED illumination a maximum
of 3000K. The revised detailed lighting cutsheet should be reviewed and approved by staff prior to
submittal of the final plat application.
• Staff defers comment regarding the common area landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on 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.
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BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping.
BOARD DECISION:
The Board voted 3 to 0(Duperault, Germano,Lindgren, and Merrill absent)to recommend approval of
DR-01-22 for a design review application for the common area landscaping within Rene Commons
Subdivision for Sterling Land Development, Inc.,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 24,2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 8, 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-01-22 for a design review application for the common area
landscaping within Rene Commons Subdivision for Sterling Land Development,Inc.,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 A-07-21/RZ-08-21 &PP-10-21.
2. Provide a revised landscape plan showing the pathway located on the south side of East Monhegan
Drive with the transition of the radiuses so that they are not right angles,the pathway width maintaining
the width of the stair treads,and verify the angle of the stairs shown on the plan.The revised landscape
plan shall be reviewed and approved by staff prior to submittal of the final plat application.
3. Provide a revised detailed lighting cutsheet showing the LED illumination a maximum of 3000K. The
revised detailed lighting cutsheet shall be reviewed and approved by staff prior to submittal of the final
plat application.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. 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.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
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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,
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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-01-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-4-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping 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. 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 8th day of March 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J on P. rce,Mayor
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