Findings - DR - 2022 - DR-15-22 - Pescara Estates Subdivision - Common Area Landscaping BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN PESCARA )
ESTATES SUBDIVISION FOR 801 BTH,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-15-22
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 14, 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:
801 BTH, LLC, represented by Kim Siegenthaler with Jensen Belts Associates, is requesting design
review approval of the common area landscaping within Pescara Estates Subdivision. The 16.36-acre
site is located on the south side of East Beacon Light Road approximately 2,280-feet east of North
Eagle Road at 801 East Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 1, 2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 11, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 30,2021,the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to R-E-DA(Residential-Estates with a development agreement),
and preliminary plat approvals for Pescara Estates Subdivision(A-06-21/RZ-10-21 &PP-12-21).
E. COMPANION APPLICATIONS: DR-16-22 (subdivision entry signage).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estates Residential RUT(Rural-Urban Transition Single-Family Dwelling
-Ada County Designation) and Agricultural
Proposed No Change R-E-DA(Residential-Estates Single-Family Residential
with a development Dwelling
agreement
North of site Agricultural/Rural RUT(Rural-Urban Transition Single-Family Dwelling
-Ada County Designation)
South of site Estates Residential A-R(Agricultural— Single-Family Residential
Residential) (Los Luceros Acres
Subdivision)
East of site Estates Residential A-R(Agricultural— Single-Family Residential
Residential) (Los Luceros Acres
Subdivision)
West of site Estates Residential R-E-DA(Residential-Estates Single-Family Residential
with a development (Springhaven Subdivision)
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS: There is an existing single-family dwelling with existing trees
along the open ditch.
J. SITE DATA:
Total Acreage of Site— 16.36-acres
Total Number of Lots- 10
Residential- 8
Commercial - 0
Industrial - 0
Common—2 (inclusive of one(1)private road)
Total Number of Units -
Single-family- 8
Duplex- 0
Multi-family - 0
Total Acreage of Any Out-Parcels—0-acres
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.50-dwelling units per acre 0.50-dwelling units per acre
maximum(as limited within
the development agreement)
Minimum Lot Size 1.80-acres 1.80-acres(minimum)
Minimum Lot Width 200-feet 70-feet minimum
Minimum Street Frontage 115-feet 35-feet minimum
Total Acreage of Common Area 0.33-acres 0-acres
Percent of Site as Common Area 2.02% 0%
K. PARKING ANALYSIS: N/A
L. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat shows a 50-foot-wide common lot with improved landscape screening and a 5-
foot-high bean within Lot 2, Block 1, adjacent to East Beacon Light Road to the east of the private
street(Lot 1, Block 1)and the project entry.
Open Space:
The proposed subdivision, as proposed, will provide a total of 0.33-acres of common area which is
inclusive of the parkway planter strips.
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 indicates that all rear lot lines will include a 12-foot-wide rear property line
easement and that all side lot lines contain a 6-foot-wide utility access easement. Eagle City Code
section 9-3-6 requires utility easements to be not less than 12 feet wide.
Eagle City Code section 9-5-3-8 requires all new service utilities to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat includes a total of four(4)fire hydrants; one(1) at Beacon Light Road and three
(3)along the proposed private drive(South Pescara Lane). Fire hydrants are to be located and installed
as required by the Eagle Fire District.
On-site Septic System:
As proposed, all lots are to be served by individual septic systems in accordance with Central District
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Health Requirements.
Preservation of Existing Natural Features:
No existing trees or natural features on site are specified for preservation. Aerial imagery, dated April
2021, shows mature trees exist to the south of the existing residence and as a windbreak along an east-
west plane approximately 700-feet from the northern property line.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof. Architectural Shingle(black)
Walls: Vertical wood siding
Windows/Doors: Metal roll up door
Fascia/Trim: Wood fascia
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees on this site.
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 East Beacon Light Road and South Pescara Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES: N/A
P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:
A plan showing the streetlight location and detailed cutsheets of the streetlights were provided and
comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-16-22)has been
submitted for the approval of a subdivision entry monument sign at the entrance to 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 Suez Water Company service area and will be serviced by individual septic systems.
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
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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
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.
Central District Health
Eagle Fire Department
Eagle Park,Pathway, and Recreation
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 teens 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;
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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 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:
Estate Residential
A single-family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
CHAPTER 6: LAND USE
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing development
by considering such issues as transitional lot sizing, building orientation, increased setbacks,
height limitations,size restrictions,design requirements,fencing,landscaping or other methods as
determined through the development review process.
B. DEVELPOMENT AGREEMENT PROVISION WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 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.
3.6 In conjunction with 3.5 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 the
final plat application.
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,
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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-7(J)(4)(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.
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(T)
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.
D. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Pescara
Estates Subdivision, a 10-lot (8-buildable, 2-common [1-private]) residential subdivision. Street
trees are proposed along the lot frontages adjacent to the private street and along the frontage of
East Beacon Light Road. The applicant is proposing a 50-foot wide landscape buffer adjacent to
East Beacon Light Road planted with 15-deciduous, 15-evergreen,and 7-flowering trees within the
berm along East Beacon Light Road. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), 5-
deciduous, 8-evergreen, and 3-flowering trees per 100-feet of frontage are required. Based on the
aforementioned code section, the landscape plan should have 15-deciduous, 24-evergreen (9
additional), and 9-flowering (2 additional) trees planted within the berm along East Beacon Light
Road. The applicant should be required to provide a revised landscape plan showing 15-deciduous,
24-evergreen, and 9-flowering trees within the berm along East Beacon Light Road. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the submittal of a final plat application.
• 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 April 14,2022, 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 subdivision landscaping as submitted.
BOARD DECISION:
The Board voted 5 to 0(Grubb ad Duperault absent)to recommend approval of DR-15-22 for a design
review application for the common area landscaping within Pescara Estates Subdivision for 801 BTH,
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 and text shown with strikethrough to
be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-06-21/RZ-10-21 &PP-12-21.
n. . a 1. . i 1s .a.a� ..a. 1nv - a n t �.. .. :4pfeyide la..te..ry Plan : . .. b ...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. Paint all electrical meters, phone boxes, etc. located on the pump building to match the color of the
building.
8. Paint all roof vents on the pump building to match the color of the roof.
9. No signs are proposed with this application and none are approved.
10. Provide material and color samples of those proposed in the construction of the pump house. The
material and color samples shall be reviewed and approved by staff and one member of the
Design Review Board prior to the submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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.
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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 pen-nit 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,
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
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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 pen-nits 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 pen-nit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements(if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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.
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-15-22) 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 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 subdivision landscaping is permitted with the approval of a design review
application within the R-E-DA(Residential-Estate with a development agreement)zoning district;
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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-16-22) 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 28"'day of April 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
/ Ili AJA'--' . L
R be1'6rLi6b, Chairman
JAT EST:
•
Tracy E. o Eagle Ci ik T
00
fa
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