Findings - CC - 2023 - DR-08-23 - Design Review for the Common Area Landscaping within Shingle Creek Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SHINGLE )
CREEK SUBDIVISION FOR COOK BROTHERS )
CONSTRUCTION,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-08-23
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:
Cook Brothers Construction,Inc.,represented by Ben Semple with Rodney Evans+Partners, LLC, is
requesting design review approval for the common area landscaping within Shingle Creek Subdivision.
The 4.41-acre site is located on the north side of State Highway 44 approximately 400-feet west of the
intersection of West State Street and State Highway 44 at 2500 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 8,2023.Supplemental information
(revised landscaping plan,arborist report)was received April 5, 2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 15, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9,2007,the City Council approved a comprehensive plan amendment,annexation,rezone
with development agreement and a 16-lot preliminary plat for Countryland Subdivision(CPA-03-
06/A-09-06/RZ-10-06/PP-11-06).
On February 12, 2008,Eagle City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2009(PP-11-06 EXT).
On October 28,2008,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2010(EXT-18-08).
On January 26,2010,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9,2011 (EXT-01-10).
On January 25,2011,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9,2012(EXT-01-11).
On June 26,2012,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2013 (EXT-04-12).
On March 12,2013,the City Council approved a development agreement modification associated
with Countryland Subdivision(RZ-10-06 MOD).
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On March 12, 2013, the City Council approved a preliminary plat modification for Countryland
Subdivision(PP-11-06 MOD).
On June 25,2013,the City Council approved a final plat for Countryland Subdivision(FP-02-13).
The development agreement terminated on July 24, 2012, based on the development not being
completed(Ada County instrument No. 107108881).
On September 13,2022,the City Council approved a rezone from A-R(Agricultural-Residential)and
R-2-DA (Residential with a development agreement) to R-2-DA-P (Residential with a development
agreement — PUD, conditional use permit, preliminary development plan, and preliminary plat for
Shingle Creek Subdivision, a 12-lot (9-buildable, 3-common) residential planned unit development
(RZ-06-22/CU-07-22/PPUD-04-22/PP-10-22).
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot Residential R-2-DA(Residential with a Vacant Parcels
development agreement)and
A-R(Agricultural-
Residential)
Proposed No Change R-2-DA-P(Residential with a Single-Family Residential
development agreement— Subdivision
PUD)
North of site Large Lot Residential R-2-DA(Residential with a Single-Family Residential
development agreement) (Countryland Subdivision)
South of site Mixed Use R-4(Residential) State Highway 44,Mixed
Use Development
(Stillwater Subdivision)
East of site Neighborhood R-2-DA-P(Residential with a Single-Family Residential
Residential development agreement— (Countryside Estates
PUD) Subdivision No. 3)
West of site Large Lot Residential R-1 (Residential) Single-Family Residential
(Timberland'Estates
Subdivision)
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 existing trees along the west, south, and east
property lines. The site is adjacent to two common areas within Countryland Subdivision that were
developed with curb, gutter, sidewalk, street trees,and fencing.
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J. SITE DATA:
Total Acreage of Site—4.41-acres
Total Number of Lots— 12
Residential—9
Commercial—0
Industrial—0
Common—3
Total Number of Units—
Single-family—9
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.04-units per acre 2.04-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 13,295-square feet 17,000-square feet
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same percentage in
open space and a planned unit
development is applied for and
approved)—pursuant to ECC Section
8-6-6-5(A).The applicant has
provided.53-acres of offsetting
increase of open space. The offsetting
increase of the required percentage
in open space has been provided.
Minimum Lot Width 85-feet 50-feet
Minimum Lot Frontage 35-feet 35-feet(minimum)
Total Acreage of Common Area 42,340-square feet(.97-acres) 38,420-square feet(.88-acres)
(minimum)
Percent of Site as Common Area 22% 20%(minimum)
Percent of Common Area Open 16.6% 15%(minimum)
Space as Active Open Space
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on May 27, 2022, shows a 75-foot-wide common lot
located along West State Street/HWY 44 with a 10-foot-wide pathway located within the common lot.
Common Area Open Space:
A total of .97-acres (22%) of open space is proposed (inclusive of the planter strips and landscape
island).A total of 7,052-square feet(16.6%)of the common area open space is active open space. The
required buffer area located adjacent to State Highway 44 will be contained within a common lot. A
common lot will contain a pathway to the 75-foot wide buffer common lot.The remaining common lot
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will contain a surface filtration system, a 14-foot-wide access to allow the canal company access to
their facilities(manholes),pressurized irrigation pump house,and a small play area.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:
It is unknown if the dwelling, which was removed, was served by a septic system. The applicant will
be required to abandon the septic system if one existed at the time.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
There are several mature trees located within the site. The trees are located along the east and west
property line.There is also a cluster of mature trees from the southern property line approximately 160-
feet into the site. The applicant has provided a Certified Arborist Report from Brian Jorgenson, date
stamped by the City on March 16,2022(attached to the staff report).
L. BUILDING DESIGN FEATURES:
Picnic Shelter, 11' 4"
Roof: Metal(Roman Blue)
Columns: Metal(Light Stone)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The arborist report provided with the design
review application shows 58 existing trees on the site.The applicant is proposing to remove three trees
and retain and protect the remaining 55 trees.
Pursuant to the mitigation plan, the existing trees on the site proposed for removal are Black Walnut
and Ponderosa Pine. Below is a complete list of existing trees on the site that are proposed to be
removed.
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Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Black Walnut 12" Fair Remove TBD
14" Fair Remove
Ponderosa Pine 30' Good Remove 30'
Total caliper inches/feet of trees required to be replaced TBD by the
on site Design Review
Board and City
Council
•
Total caliper inches removed from the site —26"
(deciduous)
30'(conifer)
Total caliper inches proposed for mitigation 12"
55-existing trees
Tree Replacement Calculations: The applicant is retaining 55 trees on the site and proposing to add 6,
2-inch caliper trees within the common areas in excess of code requirements towards mitigation. See
discussion on page 10 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Timber Wolf Place.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
A site plan showing location and a detailed lighting cutsheet showing the height, style, wattage,
illumination type,etc. of the streetlights has been received and complies with Eagle City Code Section
8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any sign permits.
R. 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.
S. PUBLIC USES PROPOSED:None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
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U. 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—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—yes-within the existing trees
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
W. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Sewer District
Eagle Park,Pathway,and Recreation
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC:None received to date.
Y. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
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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:
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential
and Agricultural/Rural designations.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site.The report shall identify,at a minimum, species,size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the 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) proposed useable
amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6)
all proposed fencing throughout the development, 7) cluster mail box, and 8) 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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C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
5. Provide a revised preliminary plat showing all overhead power facilities removed. The revised
preliminary plat shall be provided prior to submittal of a design review application. The overhead
power facilities shall be place underground prior to the City Clerk signing the final plat.
14. 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 8-2A-6(B)(2): Roofs:
e. Metal; standing seam,batten seam(concealed fasteners required)
• 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.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches,or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
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•
damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with
subsection C2 of this section.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
4. Major Roadways:New residential developments, including,but not limited to,subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways,or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway.This buffer is required as part of the common area open space owned and
maintained by a homeowners'association.Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing,as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing.
The required buffer area width,plantings, and fencing are as follows:
c.Any road designated as a principal arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100)linear feet of right of way: six(6)
shade trees,ten(10)evergreen trees, four(4)flowering/ornamental trees,and twenty four
(24)shrubs.Each required shade tree may be substituted with two(2)flowering/ornamental
trees,provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high,maximum twelve foot(12')high,berm,decorative block
wall,cultured stone,decorative rock,or similarly designed concrete wall,or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block
wall,cultured stone,decorative rock,or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot(4')wide flat area shall be provided for the
placement of the decorative wall. Chainlink,cedar,and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-3-3(B): Fences:
1. In any front yard area,no fence or wall shall be permitted which materially impedes vision
across such yard above the height of two and one-half feet(21/2')measured from the
centerline grade of the adjacent street. Picket style fences where fifty percent(50%)of the
fence remains open may be permitted up to four feet(4') in height. Chainlink fencing is
prohibited in any front yard area.
2. New fencing located adjacent to any street identified as a collector or arterial on the master
street map typologies map in the Eagle comprehensive plan,and on the street side of all
corner lots, shall be an open fencing style such as wrought iron or other similar see through,
decorative,durable fencing material,except as otherwise may be permitted in subsection 8-
2A-7J of this title. Any wooden fence that existed prior to the effective date hereof,may be
rebuilt upon the fence's original footprint provided the fence has a picture frame appearance
as shown in the EASD book.
4. A permit is required prior to the construction of a fence in any front yard area and along any
street within the City subject to the application requirements established in section 8-7-2 of
this title.
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E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Shingle
Creek Subdivision, a 12-lot (9-buildable, 3-common) residential planned unit development. The
common area consists of street trees, buffer along State Highway 44,picnic shelter, picnic tables,
benches, and a pathway. Staff defers comment regarding the common area landscaping to the
Design Review Board.
• The picnic shelter is proposed to have a metal roof. Pursuant to Eagle City Code Section 8-2A-
(B)(2)(e), metal roofing is required to have concealed fasteners. The applicant should be required
to provide a revised picnic shelter elevation showing the metal roofing to have concealed fasteners.
The revised elevation should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The applicant is proposing to remove approximately three trees from the site consisting of two
Black Walnut trees and one Ponderosa Pine tree.The applicant is retaining 55 trees on the site and
adding an addition 6,2-inch caliper trees within the common areas in excess of code requirements
for mitigation.Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to
be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code
Section 8-2A-7(C)(2)(c), unless it is determined by the City that replacement is necessary to
preserve and/or restore riparian and wildlife habitat, removal of Black Locust, Silver Maple, and
Cottonwood trees do not require replacement. Pursuant to Eagle City Code Section 8-2A-
7(C)(2)(a),for each caliper inch of deciduous tree removed,an equivalent amount of caliper inches
is required to be replanted and for each vertical foot of coniferous tree removed, an equivalent
amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the three trees to the Design Review Board.
If the City approves the removal of the trees and accepts the proposed mitigation,no additional
trees are required.
• The landscape plan shows a 9-foot tall berm with a 4-foot tall decorative wall within the buffer area
along State Highway 44; however, a detail of the decorative wall was not received. Pursuant to
Eagle City Code Section 8-2A-7(J)(4)(c), a minimum 10-foot to maximum 12-foot tall berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof is required within the buffer area.The applicant should be required to provide
a revised landscape plan showing the berm within the buffer area along State Highway 44 to be a
maximum of 12-feet tall and provide a detail of the decorative wall showing the style, material,
color,etc.The revised landscape plan and detail should be reviewed and approved by staff prior to
submittal of a final plat application.
• The landscape plan shows existing fencing along the north property line of Lots 1 and 11,Block 1.
The fencing was installed as boundary fencing associated with Countryland Estates Subdivision.
The fencing is a tan vinyl with lattice on the top and the fencing reduces in height as it gets closer
to the roadway
West Side
,gF:
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East Side
syi
Eagle City Code Section 8-3-3(B), states that fencing located adjacent to any street identified as a
collector or arterial on the master street map typologies map in the Eagle comprehensive plan,and on the
street side of all corner lots,shall be an open fencing style such as wrought iron or other similar see
through,decorative,durable fencing material. Staff defers comment regarding the existing fencing to the
Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 13,2023,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 proposed common area landscaping with the added site specific conditions.
• The Board is in favor of allowing the existing fence along the north property line to remain.The fencing
is owned and maintained by the Countryland Estates Subdivision HOA.
• The Board is in favor of the tree removal and proposed tree mitigation.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR-08-23 for a design review application for the
common area landscaping within Shingle Creek 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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-08-23 for a design review application for the common area
landscaping within Shingle Creek 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 RZ-06-22/CU-07-22/PPUD-04-22/PP-10-22.
2. Provide a revised picnic shelter elevation showing the metal roofing to have concealed fasteners. The
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revised elevation shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
3. The City approves the removal of the trees and accepts the proposed mitigation,no additional trees
are required.
4. The revised landscape plan presented at the Design Review Board meeting showing a 3-foot retaining
wall and 10-foot tall berm within the buffer area along State Highway 44 is approved.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No signs are proposed with this application and none are approved.
8. Provide a revised landscape plan revising note 15 to state that all existing overhead power lines shall
be buried and poles removed from the site.The revised landscape plan shall be reviewed and approved
by staff prior to submittal of the final plat application.
9. Provide elevation plans showing a covered structure around the mailbox clusters.The style,materials,
and color shall be provided. The elevation plans shall be reviewed and approved by staff and one
member of the Design Review Board prior to submittal of the final plat application.
10. Provide a revised landscape plan showing the existing fencing along the north property line of the
subdivision to remain. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to 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.
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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,
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.
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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
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/
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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-08-23) 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;
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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 9th day of May 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J son ierce, ayor
ATTEST: G\E.....*
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Tracy E. Os , Eagle City O ;:
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