Findings - CC - 2023 - DR-10-23 - Design Review for the Common Area Landscaping within Soaring Feather Ranch Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SOARING )
FEATHER RANCH SUBDIVISION FOR )
LITTLE FEATHER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-10-23
The above-entitled design review application came before the Eagle City Council for their action on May
9, 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:
Little Feather,LLC, represented by Jay Gibbons with South, Beck and Baird Landscape Architecture,
is requesting design review approval of the common area landscaping within Soaring Feather Ranch
Subdivision. The 17-acre site is located approximately 2,000-feet south of Beacon Light Road between
North Linder Road and North Park Lane at 4807 West Little Feather Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 10, 2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 21, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 26, 2022, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Soaring Feather Subdivision (A-
11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Transition Agricultural
Residential w/Transition —Ada County designation)
Overlay
Proposed No Change R-2-DA-P(Residential with a Single-Family Residential
development agreement— Planned Unit Development
PUD)and R-E-DA-P and Commercial Riding
(Residential-Estates with a Stables(existing)
development agreement and
PUD)
North of site Neighborhood RUT(Rural-Urban Transition Single Family Residential
Residential w/Transition —Ada County designation) (Callaway Ranch
Overlay and R1(Residential—Ada Subdivision)
County Designation)
South of site Neighborhood R-2-DA-P(Residential with a Single Family Residential
Residential w/Transition development agreement— (Bella Terra Subdivision)
Overlay PUD)
East of site Neighborhood R-2-DA(Residential with a Single Family Residential
Residential w/Transition development agreement) (Brush Creek Subdivision)
Overlay
West of site Neighborhood RUT(Rural-Urban Transition Single Family Residential
Residential w/Transition —Ada County designation)
Overlay
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:The site has an existing residential dwelling,barn,and several
outbuildings. The site is currently used for agricultural purposes. There are a couple of stub streets
providing access to this site from surrounding developments.
J. SITE DATA:
Total Acreage of Site— 17 acres
Total Number of Lots—32 lots
Residential—28
Commercial— 1 (R-E zoned riding stables)
Industrial— 0
Common—3
Total Number of Units—
Single-family—28
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.65 dwelling units per acre 1.65 dwelling units per
across the entire PUD acre across the entire
(2.01 units per acre excluding PUD(as limited within
the commercial equestrian the development
center parcel) agreement)
Minimum Lot Size *10,151 square feet 17,000 square feet
Minimum Lot Width 80 feet 75 feet
Minimum Street Frontage 60 feet 35 feet
Total Acreage of Common Area 3.82 acres 3.79 acres
Open Space
Percent of Site as Common Area 27.5% 27.2%(minimum)
Open Space Except that,according to
ECC Section 9-3-8(C)
the City may require
additional public and/or
private park or open space
facilities in PUDs
Percent of Common Area Open 16.5% 15%
Space as Active OS
*A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open
space.
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on May 31, 2022, shows 95 trees
proposed in the common area in accordance with Eagle City Code based on the square footage of the
common area lot. Types and locations of plants will be further reviewed during the design review
application. Soaring Feather does not front any major roadways and therefore does not require any
buffer areas.
Open Space:
Even though no buffer area is required, because the application is for a Planned Unit Development
(PUD)the applicant is required to have a minimum 20% open space. The applicant is also using the
PUD to request reduced lot sizes below the standard R-2 minimum size of 17,000 square feet.
Therefore,the applicant is required to include an offsetting increase in open space in the amount of 2.4
acres to account for the reduced lot sizes in addition to a base 10%for a total of 3.79 acres of required
open space.
The applicant has taken the offsetting increase in open space into account(2.4 acres)and has provided
3.82 acres of open space (inclusive of planter strips), or 27.5% open space. Of the 3.82 acres, 16.5%
will be active open space with internal pathways crossing through the common area connecting both
cul-de-sacs.
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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 graded in such a way that all
runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned
unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:No
Preservation of Existing Natural Features:
There are some existing trees on site around the existing riding stables and house, which will be
preserved and protected to the greatest extent possible.
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:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located around the
existing residential dwelling unit and the barn and accessory structures. Those trees are to remain. No
trees are proposed to be removed from 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 all streets within this development.
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 landscape plan showing location, style, wattage, and illumination type of streetlights has been
received. The LED illumination is shown to be 4000K which exceeds the 3000K allowed per Eagle
City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed 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-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.
Ballentyne Ditch Company
Eagle Fire Department
Eagle Park,Pathway,and Recreation
Idaho Transportation Department
Marathon Pipe Line
Sawtooth Law for Drainage District No. 2
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:
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a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT 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:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage,2)planting details within the proposed and required landscape islands and all common
areas throughout the development, 3)elevation plans for all proposed common area structures and
irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house
(if proposed), 5)useable amenities such as picnic tables,covered shelters,benches, playground
equipment, gazebos,and/or similar amenities, 6)all proposed fencing throughout the
development, and 7) street lights. The design review application shall be reviewed and approved
by the Eagle Design Review Board and City Council prior to the submittal of a final plat
application.
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3.8 All living trees shall be preserved,unless otherwise determined by the City Council upon
recommendation by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas(unless approved for removal and mitigation)shall be
provided for Design Review Board approval prior to the submittal of a final plat application.
3.9 Owner shall construct the neighborhood amenities(pedestrian pathways and benches)at the
locations shown on the Concept Plan(Exhibit B)prior to the signing of the first final plat.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line,or as approved by the Design
Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-
foot wide concrete sidewalk and the curb.Any and all drainage swales and/or seepage beds shall
be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod,and irrigation or
provide the City with a letter of credit for 150%of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping.Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion.
7. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-4-4-2(A)(6):
Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt
maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)shall
be the only type of site and building lighting permitted.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Soaring Feather Ranch Subdivision, a 32-lot (28-single family, 3-common, and 1-commercial)
subdivision. Street trees are proposed along the lot frontages throughout the development. There
are two ponds proposed and numerous pathways throughout the development. Staff defers
comment regarding the common area landscaping to the Design Review Board.
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• The detailed streetlight cutsheets show the LED illumination proposed to be 4000K. Pursuant to
Eagle City Code Section 8-4-4-2, LED illumination is permitted to be a maximum of 3000K.
Additionally,the cutsheets did not address the height of the pole. The applicant should be required
to provide a revised lighting cutsheet showing the streetlight illumination to be a maximum of
3000K and provide the height of the pole. The revised cutsheet should be reviewed and approved
by staff prior to submittal of the final plat application.
• The development to the east of this site is Brush Creek Subdivision. Brush Creek Subdivision was
required to connect to the existing stub street to the south from Obsidian Subdivision,North Saddle
Mountain Way. The location of North Saddle Mountain Way is located approximately 8-feet east
of the west property line of Brush Creek Subdivision. Eagle City Code requires residential
subdivisions to be developed with separated sidewalks with an 8-foot wide planter strip. Based on
the location of North Saddle Mountain Way to the south,the developer of Brush Creek Subdivision
was not able to construct a sidewalk along the west side of North Saddle Mountain Way. The
applicant for this application should be required to construct a 5-foot wide sidewalk along the west
property line of this development (within Lot 3, Block 3) providing pedestrian connectivity from
the separated sidewalk on West Strant Drive to the south approximately 220-linar feet to connect
to the separated sidewalk within Obsidian Subdivision. The applicant should be required to provide
a revised landscape plan showing a 5-foot wide sidewalk along the east property line of this
development connecting the sidewalk from West Strant Drive to the sidewalk within Obsidian
Subdivision to the south (approximately 220-linar feet). Additionally, the sidewalk along West
Strant Drive should connect to North Saddle Mountain Way with an accessible ramp at the corner
and the termination of the curb and gutter with the existing curb and gutter within Brush Creek
Subdivision should be coordinated. The revised landscape plan should be reviewed and approved
by staff prior to the submittal of a final plat application.
Coordinate
1 pedestrian ramp and
__ curb and gutter
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�5 O a I , 17,305 SF
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,,, aa,., , 17.423 SF
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Obsidian Subdivision
• There are two drainage facilities proposed within this development for ACHD stormwater. The
applicant's representative indicates the civil drawings show the areas will be depressed 2-feet or
less and will have a sand window in the base of the facilities. The applicant should be required to
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provide revised landscape plans showing the two drainage facilities will have grass over the sand
window areas so there is no sand visible. The revised landscape plans should be reviewed and
approved by staff prior to the submittal of a final plat application.
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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 April 13,2023,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 development as proposed with the conditions provided herein.
• The Board is in favor of the ponds within the development as long as the grading, safety shelf,and any
required aeration meet required codes.
BOARD DECISION:
The Board voted 5 to 1 (Merrill against,Mihan abstained)to recommend approval of DR-10-23 for a
design review application for the common area landscaping within Soaring Feather Ranch 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 April 27,2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on May 9,2023,at which time
the Council made their decision.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-10-23 for a design review application the common area
landscaping within Soaring Feather Ranch 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 A-11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21.
2. Provide a revised lighting cutsheet showing the streetlight illumination to be a maximum of 3000K and
provide the height of the pole. The revised cutsheet shall be reviewed and approved by staff prior to
submittal of the final plat application.
3. Provide a revised landscape plan showing a 5-foot wide sidewalk along the east property line of this
development connecting the sidewalk from West Strant Drive to the sidewalk within Obsidian
Subdivision to the south(approximately 220-linar feet). Additionally,the sidewalk along West Strant
Drive shall connect to North Saddle Mountain Way with an accessible ramp at the corner and the
termination of the curb and gutter with the existing curb and gutter within Brush Creek Subdivision
shall be coordinated. The revised landscape plan shall be reviewed and approved by staff prior to the
submittal of a final plat application.
Coordinate
pedestrian ramp and
curb and gutter
,
ni a.- :VINIIIIMIIINIIIII M
,,i4 t,Wide sidewalk • ' !i- « or
,, WAY
4,r:.t J' O . F i LOT 1
17
Via' iI ,305 SF
w Brush Creek
--- `Spring Feather;, -, Subdivision
Ranch Subdivisk , g kr
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. \ LOT 2
'¢+ 17,423 SF
Obsidian Subdivision
4. Provide revised landscape plans showing the two drainage facilities will have grass over the sand
window areas so there is no sand visible. The revised landscape plans shall be reviewed and approved
by staff prior to the submittal of a final plat application.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No signs are proposed with this application and none are approved.
7. Provide a revised landscape plan showing all overhead utilities to be buried underground and all poles
to be removed. The revised landscape plan shall be reviewed and approved by staff prior to the
submittal of a final plat application.
8. Provide a revised landscape plan showing the construction of the ponds showing that the grading,safety
shelf, and any required aeration comply with required codes. The revised landscape plan shall be
reviewed and approved by staff and two members of the Design Review Board prior to the submittal
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of a final plat application.
9. Provide detailed cutsheets showing the size and color of the irrigation pump station. Provide a revised
landscape plan showing how the irrigation pump station will be screened with landscaping. The
detailed cutsheets and revised landscape plan shall be reviewed and approved by staff and two members
of the Design Review Board prior to the submittal of a final plat application.
10. If a mailbox cluster is required by the United States Postal Service,the applicant shall be required to
provide detailed cutsheets of the proposed mailbox cluster and shall provide a covered structure over
the mailbox cluster. A revised landscape plan showing the location shall be provided. The style,
materials, and colors of the mailbox cluster and structure and the revised landscape plan 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.
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
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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
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
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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
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
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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-10-23) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA-P (Residential with a development agreement - 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.
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DATED this 9th day of May 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
ason 'erce,Mayor
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ATTEST: G\--:6 .*�
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Tracy E. orn, Eagle City W.rk o / U .
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