Findings - CC - 2023 - DR-13-17 MOD3 - Design Review For The Common Area Landscaping Within Pamela Baker Park, Including Phasing BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN PAMELA )
BAKER PARK,INCLUDING PHASING FOR )
CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-13-17 MOD3
The above-entitled design review application came before the Eagle City Council for their action on
February 14,2023. 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:
The City of Eagle,represented by Rodney Evans with Rodney Evans and Partners, is requesting design
review approval of the common area landscaping within Pamela Baker Park including future phasing.
The 23.05-acre site is located on the northeast corner of East Fishing Creek Drive and East Colchester
Drive at 850 East Fishing Creek Drive and 801 East Laguna Shore Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 10, 2022. Revised information
(landscape plan)was received November 18,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 16, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 22,2003,the City Council approved a Comprehensive Plan Amendment(CPA-4-02)to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two(up to two
dwelling units per acre)to Mixed Use,an annexation and rezone(A-3-02&RZ-5-02)from RUT(Rural
Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential-up to two dwelling units per acre)to MU-DA(Mixed Use with Development Agreement)
for this site for B.W. Eagle,Inc.
On April 25, 2017, the City Council approved the final plat for Pamela Baker Park Subdivision for
DMB Development(FP-02-17).
On May 25, 2017,the Design Review Board approved a design review application for the parking lot
and pathway within Pamela Baker Park(DR-13-17).
On October 23, 2018, the City Council approved a design review application for a restroom facility
within Pamela Baker Park(DR-13-17 MOD).
On August 17, 2020,the City approved a design review application for the common area landscaping
within the first phase of Pamela Baker Park(DR-13-17 MOD2).
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For additional property history see:
A-91/R2-91/PP-91, PP-03-05, FP-13-05/FP-14-05, RZ-05-02 MOD, FP-04-06, EXT-21-09, EXT-08-
11, RZ-05-02 MOD2, PP-03-05 MOD, FP-04-13, FP-07-13, FP-08-15, FP-02-16, RZ-05-02
MOD4/RZ-03-16/PP-03-05 MOD2, DR-78-16, FP-03-17.
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Pamela Baker Park
development agreement in
lieu of a PUD)
Proposed No Change No Change No Change
North of site Mixed Use R-E-DA-P(Residential Single-family residences
Estates with a development (Coast to Coast
agreement in lieu of a PUD) Subdivision)
South of site Mixed Use MU-DA(Mixed Use with a Proposed Lakemoor
development agreement in Subdivision No. 7
lieu of a PUD)
East of site Not in Eagle Area of A-1 (Agricultural) Boise City's Waste Water
Impact Treatment Facility
West o f site Mixed Use MU-DA(Mixed Use with a Single-family residences
development agreement in (Lakemoor Subdivision
lieu of a PUD) No. 2)
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 been developed with a parking lot, pathway,
restroom facility, and common area landscaping within phase 1 of the park.
J. SITE DATA:
Total Acreage of Site: 23.05-acres
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:None.
Height and Number of Stories of Proposed Buildings:None.
Gross Floor Area of Proposed Buildings:None.
On and Off-Site Circulation:
On May 25, 2017, the Design Review Board approved a design review application for the trailhead
parking lot within Pamela Baker Park(DR-13-17).
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M. BUILDING DESIGN FEATURES:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:There are existing trees throughout the park site
that will be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: The street trees along East Colchester Drive and East Fishing Creek Drive were approved
with DR-13-17.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: The parking lot landscaping was approved with DR-13-17.
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs proposed on this site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia 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-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-yes
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.
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X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
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 CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis.Uses should complement and not take away from downtown Eagle.Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.18 Subject to the conditions and limitations set forth herein, Owner shall provide a 23.05 acre
reconfigured park site along the eastern boundary of the Property in Area J and Area K as
generally depicted in Exhibit A2 attached hereto(hereinafter"Park Site")which Park Site is to
be owned and maintained by and at the expense of Eagle. Owner's obligations to provide said
Park Site shall be fulfilled as follows:
A. Upon the development of Areas H and I, as depicted on Exhibit A2, and/or a combination
thereof and the recordation of a final plat for any portion of Areas H and I or a combination
thereof, Owner through its Charitable Foundation shall complete certain public
improvements to the Park Site for the benefit of the public and Eagle,as follows:
1. Construct a 10-foot wide asphalt paved pathway, approximately 4000 lineal feet to
intersect with the existing paved pathway along the south side of the south Channel of
the Boise River,as depicted on attached Exhibit Al.
2. Construct a paved "Trailhead Parking Lot" consisting of 45 spaces within the subject
Park Site,as depicted on attached Exhibit A2.
3. Construct and/or excavate approximately eight acres of ponds within the subject Park
Site,as depicted on Exhibit A2.
4. Provide utility stubs to the Park Site.
B. Upon completion of the above stated public improvements,the Owner through its
foundation will dedicate the Park Site to Eagle,which such dedication shall be subject to
the following restrictions:
1. The Park Site shall be restricted for use only as a public park and shall act as a non-
residential buffer for Boise City's waste water treatment facility and any expansions
thereof, located easterly of the Property.
2. Dedication of the Park Site shall be subject to all reservations, restrictions and
easements established of record or by use upon the Premises. The Park Site shall not
be made subject to any restrictive covenants Owner may impose upon any other portion
of the Property.
3. Eagle shall obtain Owner's written approval for any and all improvements to be made
to the Park Site prior to the commencement of construction or installation thereof,such
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approval not to be unreasonably withheld or delayed over thirty (30) days from the
date sent to Owner. Failure of the Owner to respond to the City within the 30-day
period is deemed as approved by the Owner.
C. Owner's dedication of the Park Site shall include any and all water rights and/or water shares
or certificates evidencing the same, which are appurtenant to the Park Site, the amount or
number of which shall be calculated on a proportionate basis with the rights appurtenant to
the Property.
D. To the extent permissible under the law,Owner shall be entitled to claim any available
income tax benefits which may arise out of Owner's donation(and, if applicable,
development)of the Park Site as set forth herein,and Eagle shall cooperate with Owner in
seeking any such tax benefits.
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.
D. DISCUSSION:
• The developer of Lakemoor Subdivision donated a 23.05-acres of land to the City of Eagle for a
park to be located on the northeast corner of East Colchester Drive and East Fishing Creek Drive
adjacent to Lakemoor Subdivision No. 2. On May 25,2017,the Eagle Design Review Board
approved a design review application for the parking lot,pathway,and ponds within Pamela
Baker Park(DR-13-17). On October 23,2018,the Eagle City Council approved a design review
application for the 633-square foot restroom facility within Pamela Baker Park(DR-13-17
MOD). On August 17,2020,the City approved a design review application for the common area
landscaping within the first phase of Pamela Baker Park(DR-13-17 MOD2).
For the purpose of this design review application,the applicant is requesting approval of the
common area landscaping within Pamela Baker Park(not including phase one)and future
phasing for the park. The applicant is proposing to add trees,native seed mix,and wildflowers
throughout the park site. Staff defers comment regarding the common area landscaping to the
Design Review Board.
• The phasing plan shows the park landscaping broken up into five phases(shown on the phasing
plan as phases 2-6)and the approximate timing for each phase. Phases two and three include
earthwork, irrigation, seeding of native grasses and wildflower, and tree planting. Phases four
through six include landscape gardens,kids play and learning areas,amphitheater,board walk,
riparian interpretive area, interpretive programming, signage,etc.As each phase evolves,a design
review modification application may be required if significant changes are proposed from the
approved landscape plan. Staff defers comment regarding the proposed phasing plan to the
Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 12, 2023,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping within Pamela Baker Park.
BOARD DECISION:
The Board voted 5 to 0(Grubb and Duperault absent)to recommend approval of DR-13-17 MOD3 for a
design review application for the common area landscaping within Pamela Baker Park including future
phasing,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 January 26,2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 14,2023,at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-13-17 MOD3 for a design review application for the common
area landscaping within Pamela Baker Park including future phasing,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 RZ-05-02 MOD4, PP-03-05 MOD, and FP-02-17.
2. Comply with all applicable conditions of DR-13-17 and all subsequent modifications.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No ground mounted mechanical units are proposed with this application and none are approved.
5. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
6. No signs are proposed with this application and none are approved.
7. Provide a revised phasing plan showing phase 2 and 3 as one phase and update the projected completion
dates. The revised phasing plan shall be reviewed and approved by staff prior to construction.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
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2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company,ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping,fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
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whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the 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
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Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations,ordinances,
plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-13-17 MOD3)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.
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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 common area landscaping is permitted with the approval of a design
review application within the MU-DA(Mixed Use 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.
DATED this 14th day of February 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
aPierce,Mayor
ATT ST: `'� * ,''•
E •
Tracy E. ,Eag e City Clerk: ��o � :
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