Findings - CC - 2023 - DR-63-18 MOD - Modification to the Common Area Landscaping within Bellemeade Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MODIFICATION TO THE )
COMMON AREA LANDSCAPING WITHIN )
BELLEMEADE SUBDIVISION FOR THOMAS RICKS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-63-18 MOD
The above-entitled design review application came before the Eagle City Council for their action on
February 28,2023. 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:
Thomas Ricks,represented by Carmen Weber with Breckon Land Design, is requesting design review
approval to modify the common area landscaping within Bellemeade Subdivision. The 10.99-acre site
is located on the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive
and 312 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 17,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 22, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7,2004,the City Council approved a comprehensive amendment to change the land use
designation on the Comprehensive Plan Land Use Map from Residential One(up to one dwelling unit
per acre)to Mixed Use and a rezone from A-R(Agricultural-Residential)to MU-DA(Mixed Use with
development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block 2, of Flint
Estates Subdivision(CPA-03-03 and RZ-08-03).
On September 26,2006,the City Council approved a preliminary plat extension of time for Bellemeade
Planned Unit Development,to be valid until September 27, 2007(PPUD-03-05 EXT).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties(RZ-08-03 MOD).
On November 27, 2018, the City Council approved a development agreement modification
(development agreement in lieu of a PUD)and a preliminary plat for Bellemeade Subdivision(PP-03-
18/RZ-04-18).
On June 11, 2019, the City Council denied a development agreement modification (development
agreement in lieu of a PUD)for Bellemeade Subdivision. (RZ-04-18 MOD).
On August 13, 2019, the City Council approved a design review application for the common area
landscaping within Bellemeade Subdivision(DR-63-18).
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On January 19, 2021, the City Council approved a final plat application for Bellemeade Subdivision
(FP-10-19).
On January 25, 2022, the City Council approved a final plat extension of time for Bellemeade
Subdivision,to be valid until July 31, 2022(EXT-11-21).
For additional property history see: CU-07-05/PPUD-03-05/PP-09-05, DR-87-06, DR-88-06, FPUD-
02-07 & FP-05-07, F.XT-22-08, F.XT-22-09, EXT-12-10, RZ-08-03 MOD2, RZ-01-15/PP-01-I5, and
RZ-01-15 MOD/PP-01-I5 MOD.
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use/Scenic MU-DA(Mixed Use with a Single-family(attached
Corridor development agreement [in and/or detached)
lieu of a PUD]) residential subdivision
Proposed No Change No Change No Change
North of site Public/Semi-Public PS(Public/Semi-Public) Eagle High School
South of site Mixed Use MU-DA(Mixed Use with a Single-family
development agreement[in residence/Warrior Park
lieu of a PUD]) Subdivision
East of site Neighborhood A-R(Agricultural- Flint Estate Subdivision
Residential Residential)
West of site Mixed Use MU-DA(Mixed Use with a North Park Lane/
development agreement [in Springhouse Subdivision
lieu of a PUD])
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb,gutter,sidewalk,and
landscaping.
J. SITE DATA:
Total Acreage of Site— 10.99-acres
Total Number of Lots—80
Residential—72
Commercial—0
Industrial—0
Common — 8 (3-common area open space, 4- driveway access, 1-private
road)
Total Number of Units- 73
Single-family—72
Duplex—0
Multi-family—0
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Total Acreage of Any Out-Parcels—0
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:No Change.
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)structure to be utilized as a picnic shelter.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately eighteen foot(18')high single-story structure.
Gross Floor Area of Proposed Buildings:
The proposed picnic shelter is approximately 484-square feet.
On and Off-Site Circulation:
A 4,300-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 29-foot wide shared driveway is located on the east property of the common area providing access
to North Blossom River Lane within the development.
M. BUILDING DESIGN FEATURES:No Change.
Proposed Building Design: Craftsman
Roof: Standing Seam metal(tan)
Walls: Wood supports(stained), stone veneer wainscot column bases(Sandstone—Barbonas)
Fascia/Trim: Rough sawn cedar(stained)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: See discussion on page 7.
Tree Replacement Calculations: Previously approved by the Eagle City Council on July 23,2019.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the internal street of the development. No street trees are
proposed along North Park Lane because of drainage swales and no street trees are proposed along
West Flint Drive because of drainage swales and a piped irrigation easement.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:No Change.
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 13% is proposed.
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:
Streetlights have been installed and are"Dark Sky"style of lighting.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-41-19)has been
approved for a subdivision entry monument sign for this development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department was received when DR-63-18 was 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-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:None.
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;
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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 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 primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
B. 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 8-2A-7(C)
Retention, Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed,an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6) tall coniferous
trees.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased,
insect infested,or containing similar maladies may be exempt from replacement if removal
is first approved by the city.
• Eagle City Code Section 8-2A-7(E)
4. The minimum acceptable size for deciduous trees shall be two inch (2") caliper, balled and
burlapped.
5. The minimum acceptable size for evergreen trees shall be six feet(6)to seven feet(T)balled
and burlapped.
6. Plant material selection shall be taken from subsection Q of this section.
• Eagle City Code Section 8-2A-7(J)(5)
Common Area Landscapes: New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn,either seed or sod.
b. A minimum of one deciduous shade tree per one thousand(1,000)square feet.
• Eagle City Code Section 8-2A-7(J)(6)(a)
For design flexibility,half of the required shade trees may be substituted on a two to one(2:1)basis
with ornamental and evergreen trees.
• Eagle City Code Section 8-2A-7(M)
Parkway Strips, Separated Sidewalks,And Street Trees:
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall
be separated from the curb along all streets.An eight foot(8)wide minimum parkway planter
strip planted with shade class(class II)trees shall be required between the sidewalk and street
to provide a canopy effect over streets.
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3. Within residential developments one shade class(class Il)tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight
foot(8')wide landscape strip between the sidewalk and the curb. Trees shall be planted at the
front of each lot generally located on each side lot line corner with the distance between trees
to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage.
C. DISCUSSION:
• On July 23, 2019, the Eagle City Council approved the common area landscaping within
Bellemeade Subdivision. There are two parcels associated with this development where single
family dwellings were formerly located on each parcel. There were numerous trees located around
the existing homes and throughout each parcel. The developer proposed to retain as many of the
existing trees in their current locations,move trees on site to other more appropriate locations,and
to transplant large mature trees on the site to mitigate for the removal of many of the trees within
this development. Based on the previous approval of this site, the trees to be retained, relocated,
and transplanted on the site mitigated the need for any trees to be mitigated with this development.
The approved landscape plan showed street trees along the frontage of North Park Lane and West
Flint Drive and trees around the perimeter within the central park area. During the platting of this
development irrigation and storm drainage systems altered several areas of the landscape areas
within the development. The Ada County Highway District prohibited trees from being planted
within the drainage swales along North Park Lane and West Flint Drive. The storm drain system
in the central park area increased in size,therefore, not leaving enough room to plant trees around
the perimeter of the park as originally approved. Along the frontage of West Flint Drive there is
an irrigation system and easement where the irrigation company does not allow trees to be planted
within their easement.
The applicant is requesting design review approval for the common area landscaping to be
approved as it has been planted with the above noted changes(i.e.:no street trees adjacent to North
Park Lane or West Flint Drive, no trees planted within the central park area). The existing
landscaping within the buffer along North Park Lane actually exceeds that which is required within
Eagle City Code as well as the existing landscaping within the buffer along West Flint Drive.
North Park Lane
Required trees=56(25-deciduous, 3 1-evergreen)
Proposed trees= 105 (47 trees plus 348' of evergreen which=58,6' evergreen trees)
West Flint Drive
Required trees=56(26-deciduous, 30-evergreen)
Proposed trees=58(8-deciduous, 37-evergreen, 13-flowering)
While the required plantings within the buffers along North Park Lane and West Flint Drive meet
or exceed the required trees required per Eagle City Code Section 8-2A-7(J)(a),North Park Lane
and West Flint Drive do not have the required street trees planted pursuant to Eagle City Code
Section 8-2A-7(M)(3). Staff defers comment regarding the existing landscaping that has been
planted and the required street trees along North Park Lane and West Flint Drive to the Design
Review Board.
• The revised landscape plan does not have any trees planted within the central park area except for
the area just northeast of the playground area. Pursuant to Eagle City Code Section 8-2A-7(J)(5)(b),
a minimum of one deciduous shade trees per 1,000-square feet is required to be planted. Eagle
City Code Section 8-2A-7(J)(6)(a),allows half of the required shade trees to be substituted on a 2:1
bases with ornamental and evergreen trees for design flexibility. The central park area is
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approximately 26,000-square feet which requires 26-deciduous trees to be planted. The existing
evergreen trees located northeast of the playground area equal 23 5-feet of evergreen which is equal
to 39,6-foot evergreen trees. Staff defers comment regarding trees being planted within the central
park area of the development to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 26, 2023,
at which time the Board made their decision.
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 landscape plan as presented based on the site constraints (i.e.: irrigation
and drainage easements) and because existing landscaping has been retained and larger plant material
planted within the common areas of the development.
• The Board is in favor of the proposed tree mitigation the applicant has submitted.
BOARD DECISION:
The Board voted 6 to 0(Grubb absent)to recommend approval of DR-63-18 MOD for a design review
application for a modification to the common area landscaping within Bellemeade Subdivision,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 9, 2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 28,2023,at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-63-18 MOD for a design review application for a design review
application for a modification to the common area landscaping within Bellemeade Subdivision,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 DR-63-18.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. No ground mounted mechanical units are proposed with this application and none are approved.
4. No signs are proposed with this application and none are approved.
5. The landscape plan,date stamped by the City on November 17, 2022, is approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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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.
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
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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
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-63-18 MOD)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 subdivision landscaping is permitted with the approval of a design review
application within the MU-DA (Mixed Use with a development agreement [in lieu of a PUD])
zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed 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 28'day of February 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
son Pierce,Mayor
ATTEST: ;•�P.•'�T E••�*
Tracy E.Oorn,Eagle City Clerlti
• ���: .
* S"�
,,......Page 12 of 12
KAPlanning DeptTagle App1ications\Dr\2018\DR-63-18 MOD Bellemeade Common Area L S.ModiScation\Bellemeade LS MOD ccf.docz