Findings - CC - 2023 - DR-16-23 - Design Review for a Decorative Concrete Wall Adjacent to an Arterial Street BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A DECORATIVE )
CONCRETE WALL ADJACENT TO AN )
ARTERIAL STREET FOR GARY BROOKSHIER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-16-23
The above-entitled design review application came before the Eagle City Council for their action on May
23, 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:
Gary Brookshier is requesting design review approval to construct a decorative concrete fence/wall
adjacent to West Chinden Boulevard. The 1.18-acre site is located on the northeast corner of the
intersection of West Chinden Boulevard and South Locust Grove Road at 1557 West Hempstead Drive
(Lot 14,Block 8,Banbury Subdivision No.6).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 6, 2023.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 13, 2022, the applicant received a letter from the Banbury Homeowners' Association
approving the design of the decorative concrete/fence wall.
On January 24, 2023, the Eagle City Council approved CU-15-22, a conditional use permit to waive
Eagle City Code Section 8-3-3(B)(2), permitting the applicant to install a solid concrete fence/wall
adjacent to West Chinden Boulevard.As part of the conditional use permit's site-specific conditions of
approval, the applicant was required to obtain design review approval of the fence/wall prior to the
issuance of a fence permit.
D. COMPANION APPLICATIONS:None
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot R-1-P(Residential—PUD) Single-family home
Proposed No change No change No change
North of site Large Lot R-1-P(Residential—PUD) Single-family home
South of site Mixed Use Community C-C(Community business Agriculture
(Meridian district—City of Meridian
Comprehensive Plan) designation)
East of site Large Lot R-1-P(Residential—PUD) Single-family home
West of site Large Lot R-1-P(Residential—PUD) Single-family home
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F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
G. EXISTING SITE CHARACTERISTICS:
The site has an existing single-family residence and mature landscaping.
H. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.18-acres 0.85-acres(37,000 square
feet)
Percentage of Site Devoted to Building 7%(approximately) 35%(maximum)
Coverage
Percentage of Site Devoted to Landscaping N/A N/A
Number of Parking Spaces 6-spaces(including 4 2-spaces(including 1
covered) covered)
Front Setback No change 30-feet(minimum)
Rear Setback No change 30-feet(minimum)
Interior Side Setback No change 15-feet(minimum)
Street Side Setback No change 30-feet(minimum)
I. TRASH ENCLOSURES:N/A
J. MECHANICAL UNITS: N/A
K. OUTDOOR LIGHTING: N/A
L. SIGNAGE: N/A
M. PUBLIC SERVICES AVAILABLE:
The property is currently served by an individual septic system and Veolia Water of Idaho.
N. PUBLIC USES PROPOSED:None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes,along the southern property line and in proximity to the existing dwelling.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
R. LETTERS FROM THE PUBLIC:None received to date.
S. EAGLE CITY CODE 8-2A-13(B)(1)&(2):Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council,whichever is applicable,shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with
adjacent uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City,and where possible,enhance the continuity of thematically common architectural
features;
e. Will have facades,features,and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health,safety,and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Large Lot
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. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
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-7(J) 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.
C. DISCUSSION:
• The applicant is proposing a 6-foot tall solid, decorative concrete fence/wall along the West
Chinden Boulevard roadway frontage.The fence is comprised of a polymer foam-core,encased by
a concrete shell(aka RhinoRock).
• The footprint of the fence/wall as indicated within the application appears to go through the drip
line of numerous mature trees located on top of the existing berm. Caution should be exercised to
ensure that the construction of the fence will not cause the death or decay of the existing mature
landscaping.
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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 27, 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 construction of the fence may lead to the death of existing mature trees.
• The fence may end abruptly,giving an incomplete appearance at the terminal points.
• The wall should be constructed so as to promote future expansion should the neighboring lots build a
similar fence in the future.
BOARD DECISION:
The Board voted 5 to 0(Merrill,Lindgren absent)to recommend approval of DR-16-23 for a design
review application for a decorative concrete wall adjacent to an arterial street,with the following staff
recommended site specific conditions of approval and standard conditions of approval with text shown
with underline to be added by the Board.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on May 23,2023,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-16-23 for a design review application for a decorative concrete
wall adjacent to an arterial street,with the following Design Review Board recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A fence permit is required prior to construction.
2. The applicant shall provide an approval letter from the Banbury Homeowner's Association approving
the fence design should it differ from the design previously approved by the Banbury HOA on May
13, 2022.
3. The applicant shall provide a revised landscape plan showing the inclusion of landscaping at the ends
of the fencing to be approved by staff and two members of the Design Review Board prior to the
issuance of a fence permit.
4. The applicant shall provide a tree inventory of all trees around the footprint of the proposed fence
upon the submittal of a fence permit. Should the construction of the concrete fence/wall result in the
death of any tree listed within the inventory,the applicant shall mitigate the loss of the trees in
accordance with Eagle City Code.
5. The applicant shall provide a material sample including the proposed stain of the concrete to be
approved by staff and two members of the Design Review Board prior to issuance of a fence permit.
6. The fence shall terminate on the eastern property line to accommodate future extension by the
property owner to the east.
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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
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.
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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
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.
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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
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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-16-23) 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.
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 decorative concrete wall product is a similar product
that is used elsewhere within the City of Eagle;
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 this application;
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 as the
wall is designed to complement surrounding landscaping and other sound walls in the city;
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 as the height of the wall with not reach a height to obstruct or otherwise impede
views or vistas;
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 this
application;
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 23rd day of May 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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Ja.on Pi•rce,Mayor
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