Findings - DR - 2023 - DR-53-23 - Route 44 Crossing Sub - Common Area Landscaping w/in Route 44 Crossing Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN ROUTE 44 CROSSING )
SUBDIVISION FOR KENNETH FIRMAGE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-53-23
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 9,2023. The Eagle Design Review Board 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:
Kenneth Firmage, represented by Nicolette Womack with Kimley-Hom, is requesting design review
approval for the common area landscaping within Route 44 Crossing Subdivision.The 15.68-acre site
is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road
and 4400 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 8, 2023. Revised information
(site,landscape,tree inventory plans)were received October 27,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 20, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 2004, the City Council approved an annexation and rezone with development
agreement(s) for the Van Treeck and Schenk properties and Copperfield and Sedona Creek
Subdivisions(A-04-04/R-06-04).
On July 24, 2007, the City Council approved a development agreement modification for the Schenk
Property for Hawkins Companies(RZ-06-04 MOD).
On February 14, 2017, an application for a development agreement modification was submitted by
Maverik,Inc. The application was subsequently withdrawn on March 20,2017(RZ-06-04 MOD2).
On February 7,2018,an application for a development agreement modification was submitted by Nicoll
Investments, LLC. The application was subsequently withdrawn on March 27, 2018 (RZ-06-04
MOD3).
On October 26, 2021, the City Council approved an annexation, rezone from R1 and C2 (Estate
Residential and Community Commercial — Ada County designations) to C-1-DA-P (Neighborhood
Business District with a development agreement — PUD), development agreement modification,
conditional use permit, preliminary development plan, and preliminary plat for Route 44 Crossing
Subdivision,a 71-lot(41-single-family[inclusive of 9-live/work lots], 10-commercial [inclusive of 2-
storage unit lots], 20 common) residential/commercial planned unit development (A-05-19/RZ-11-
19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19).
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On October 25, 2022, the City Council approved an extension of time for Route 44 Crossing
Subdivision(EXT-11-22).
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial and Mixed RI and C2(Estate Residential Vacant parcels
Use and Community Commercial
—Ada County designations)
and C-1-DA(Neighborhood
Business District with a
development agreement)
Proposed No Change C-1-DA-P(Neighborhood Residential/Commercial
Business District with a subdivision
development agreement—
PUD)
North of site Neighborhood R-2-DA(Residential with a Single-family residential
Residential with a development agreement)and subdivision(Sedona Creek
Residential Transition RUT(Rural-Urban Transition Subdivision)and vacant
Overlay and Mixed Use —Ada County designation) parcel
South of site Mixed Use RUT(Rural-Urban Transition Comptons Andrews Tract
—Ada County designation) Subdivision
East of site Mixed Use R1 and C2(Estate Residential Convenience
and Community Commercial Store/Restaurant with Fuel
—Ada County designations) Center
West of site Compact Residential RUT(Rural-Urban Transition Church and multi-family
with Residential —Ada County designation) residential subdivision
Transition Overlay and MU-DA-P(Mixed Use (Enfield Commons
with development agreement Subdivision)
—PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site is undeveloped.
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J. SITE DATA:
Total Acreage of Site— 15.68-acres
Total Number of Lots—71
Residential—41 (inclusive of 9-live/work lots)
Commercial— 10(inclusive of 2-storage unit lots)
Industrial—0
Common—20
Total Number of Units—41
Single-family—0
Single-family attached—41 (inclusive of 9-live/work lots)
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 7.14-units per acre* 7.14-dwelling units per acre
(as limited within the
development agreement)
Minimum Lot Size 2,976-square feet 2,000-square feet(minimum)
Minimum Lot Width 37.5-feet 25-feet(minimum)
Minimum Street Frontage 18-feet 35-feet(minimum)
Total Acreage of Common Area 2.55-acres 1.15-acres(minimum)
Percent of Site as Common Area 16.2% 15%(minimum)
*Based on the residential area of the development(not inclusive of the C or D Streets).
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space and Landscape Screening:
The preliminary plat, date stamped by the City on April 9, 2021, shows a 35-foot-wide common lot
(Lot 53, Block 1) located adjacent to S. Linder Road (as identified on the preliminary plat). A
landscaped buffer berm is proposed within the 35-foot-wide common lot. There is a 973-square foot
landscaped common lot (Lot 1, Block 1) located on the north side of A Street in proximity to the
intersection of S.Linder Road.The preliminary plat identifies a 9,422-square foot lot(Lot 17,Block 1)
located on the north side of C Street approximately 95-feet west of the intersection of A Street and C
Street. Lot 17,Block 1,will contain a proposed park.The proposed park is shown to contain a shelter
with picnic tables, a 5-foot-wide sidewalk providing access to the shelter, and a park bench. The
preliminary plat shows a 60-foot-wide common lot (Lot 43, Block 1) located adjacent to State
Street/Highway 44.A 5-foot-wide sidewalk is shown within Lot 43, Block 1.Also,Lot 43,Block 1,is
encumbered by a 60-foot-wide canal easement. The preliminary plat shows 8-common lots (Lots 16,
19,27,35,55,62,64,and 71,Block 1)located between the street side lot lines and the street.
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.
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Utility and Drainage Easements,and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide. The
preliminary plat, date stamped by the City, indicates public utility, irrigation, and lot drainage
easements will be located adjacent to any public street(there are no public streets located within the
development)and the rear lot lines.There are overhead powerlines located along S. Linder Road north
of C Street, and a powerline running 340-feet north from State Street/Highway 44 into the site
approximately 220-feet from the eastern property line.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System—No
Pressurized Irrigation:
The applicant provided a Preliminary Irrigation Feasibility report,date stamped by the City on January
24,2020(attached to the staff report).
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:
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:
Proposed Building Design: Craftsman
Roof:Metal(Midnight Bronze)
Columns:Wood(Snowbound),Brick(White)
Fascia/Trim: Wood(Cityscape)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The mitigation plan provided with the design
review application shows 146 existing trees on the site that are to be removed.
Below is a complete list of existing trees on the site that are proposed to be removed.
Tree Specie/ Caliper/ Condition Remove/ Replacement
Tree# Height Retain Inches/Feet per
ECC
Cottonwood 10" Multi-trunk Remove TBD
1-7,35,40-42, 5" Healthy Remove (131')
45,
47-60,63,
67-72 6" Healthy Remove (20"—dead)
11" Multi-trunk,Dead Remove
9" Healthy Remove
5" Healthy Remove
9" Dead Remove
16" Healthy Remove
14" Healthy Remove
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14" Healthy Remove
16" Healthy Remove
6" Healthy Remove
8" Multi-trunk Remove
5" Healthy Remove
6" Healthy Remove
6" Healthy Remove
5" Healthy Remove
6" Healthy Remove
8" Healthy Remove
19" Multi-trunk Remove
4" Healthy Remove
5" Healthy Remove
72" Healthy Remove
44" Healthy Remove
12" Healthy Remove
8" Healthy Remove
45" Healthy Remove
12" Healthy Remove
11" Healthy Remove
8" Multi-trunk Remove
9" Healthy Remove
9" Multi-trunk Remove
12" Multi-trunk Remove
Pine 45' Healthy Remove 615'
8-11, 13, 15- 35' Healthy Remove (12'—dead)
16 19 27 37-
39 44 101- 45' Healthy Remove
102, 104 50' Healthy Remove
40' Healthy Remove
12' Dead Remove
45' Healthy Remove
50' Healthy Remove
25' Healthy Remove
45' Multi-trunk Remove
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45' Multi-trunk Remove
45' Multi-trunk Remove
25' Healthy Remove
45' Healthy Remove
45' Healthy Remove
30' Healthy Remove
Birch 7" Dead Remove 0"
12 (7"—dead)
Russian Olive 6" Healthy Remove TBD
14, 17, 18,20, 8" Healthy Remove (117')
23-26,30,32,
46,61-62 14" Healthy Remove
7" Healthy Remove
6" Healthy Remove
7" Healthy Remove
7" Multi-trunk Remove
20" Multi-trunk Remove
5" Multi-trunk Remove
14" Healthy Remove
9" Multi-trunk Remove
7" Multi-trunk Remove
7" Multi-trunk Remove
Tree of 7" Healthy Remove TBD
Heaven
8" Healthy Remove (83')
21-22,29,31
33-34, 36,43� 5" Healthy Remove
5" Healthy Remove
13" Healthy Remove
6" Healthy Remove
32" Healthy Remove
7" Healthy Remove
Arborvitae 30' Multi-trunk,shrub Remove TBD
28,97,98 20' Shrub Remove (70)
20' Shrub Remove
Poplar 5" Multi-trunk Remove TBD
64-66 15" Healthy Remove (24')
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4" Multi-trunk Remove
Black Locust 4" Multi-trunk Remove TBD
73-94,99, 5" Multi-trunk Remove (553')
103, 105-146 „
5 Healthy Remove (51"—dead)
4" Multi-trunk Remove
5" Multi-trunk Remove
12" Multi-trunk Remove
14" Healthy Remove
7" Healthy Remove
10" Multi-trunk,dead Remove
11" Multi-trunk,dead Remove
18" Healthy Remove
16" Healthy Remove
18" Healthy Remove
20" Healthy Remove
10" Healthy Remove
8" Healthy Remove
10" Healthy Remove
15" Healthy Remove
10" Multi-trunk Remove
10" Healthy Remove
9" Multi-trunk Remove
12" Multi-trunk Remove
7" Multi-trunk Remove
9" Multi-trunk Remove
5" Multi-trunk Remove
7" Multi-trunk Remove
5" Multi-trunk Remove
4" Healthy Remove
6" Healthy Remove
8" Healthy Remove
35" Healthy Remove
7" Healthy Remove
7" Healthy Remove
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6" Healthy Remove
6" Healthy Remove
6" Healthy Remove
7" Healthy Remove
16" Multi-trunk,dead Remove
30" Healthy Remove
7" Multi-trunk Remove
14" Top cut off Remove
26" Healthy Remove
20" Healthy Remove
20" Declining,poor health Remove
7" Healthy Remove
6" Healthy Remove
7" Healthy Remove
7" Healthy Remove
6" Healthy Remove
5" Healthy Remove
6" Healthy Remove
7" Healthy Remove
7" Healthy Remove
7" Healthy Remove
6" Healthy Remove
7" Healthy Remove
7" Healthy Remove
6" Healthy Remove
6" Healthy Remove
5" Healthy Remove
4" Healthy Remove
7" Healthy Remove
7" Healthy Remove
7" Multi-trunk Remove
6" Multi-trunk Remove
Total caliper inches/feet of trees required to be TBD by the Design
replaced on site Review Board and
City Council
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Total caliper inches/feet removed from the site —986"
—697'
78"(dead)
12'(dead)
908"(undesirable)
685'(healthy)
Total caliper inches proposed for mitigation 271"(equivalent to
135 trees)
Tree Replacement Calculations: The applicant is proposing to mitigate for the healthy pine and spruce
trees only.The applicant is proposing to add 55,4-inch caliper Ash and Hornbeam trees along the north
property line totaling 271-caliper inches towards mitigation. See discussion on page 17 for more
information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the north side of West Amboy Street.
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 site and streetlight lighting plan showing location, height, style, color, wattage, etc. was received.
Additional information for the lighting associated with the picnic table is required to ensure all lighting
complies with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the City prior to any signs being constructed within the development.
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—Along the west property line approximately 360-feet north of SH-44 and within
the northeast corner of the property.
Riparian Vegetation-no
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Steep Slopes-no
Stream/Creek-Yes—Middleton Mill Canal
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.
Eagle Fire Department
Eagle Sewer District
Historic Preservation Commission
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b.The reasons for the approval or denial;
c. The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
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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 DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'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:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments.Uses should complement uses within Downtown Eagle.
Mixed Use
Suitable primarily for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20-units per acre but density will be determined on
a site by site basis. Uses should complement and not take away from downtown Eagle. Development
within this land use designation should be required to proceed through the PUD and/or development
agreement process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable,and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project.As the Concept Plan evolves,the City understands and agrees that certain changes in that
concept may occur. If the City, at its sole discretion, determines that any such changes require
additional public comment due to potential impacts on surrounding property or the community,
a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
3.6 The conditions,covenants and restrictions for the Property shall contain at least the following:
(c) A requirement for all fencing to be installed as shown on the Fencing Concept Plan(Exhibit
D).All other fencing(i.e. dog-eared cedar fencing,vinyl,chainlink)shall be prohibited.
3.8 The applicant 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) landscape screening details and buffering for
the residential area located adjacent to North Linder Road 4) elevation plans for all proposed
common area structures and irrigation pump house(if proposed),5) landscape screening details
of the irrigation pump house(if proposed),and 6)useable amenities such as picnic tables,covered
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shelters, benches, gazebos, and/or similar amenities. The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
submittal of the first final plat or prior to the issuance of a building permit application,whichever
comes first.
3.9 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book(EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal by the City Council)shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3.11 Owner shall comply with all pathway requirements as identified in Exhibit"E"provided within
the PPRC recommendation memorandum dated,June 2,2021.All pathways shall be constructed
prior to the City Clerk signing the first final plat.
C. PRELIMINARY DEVELOPMENT PLAN SITE SPECIFIC CONDITIONS WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
17. All overhead power serving the site internally shall be removed prior to the City Clerk signing the
final plat or issuance of the first building permit,whichever occurs first.
19. Provide a revised preliminary plat showing an attached 5-foot-wide sidewalk located on each side
of the alley lots(Lots 18,26,and 34,Block 1).The revised preliminary plat shall be provided prior
to submittal of fmal development plan and final plat applications.
22. 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. 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 fmal 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.
24. 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).
28. The applicant shall replace the existing vinyl fence (located along the shared property line with
Sedona Creek Subdivision)with a 6-foot-high composite fence.The color and style of fencing shall
be reviewed and approved by the Design Review Board and City Council prior to installation.The
composite fence shall be constructed during Phase 1 of the development prior to the City Clerk
signing the final plat or prior to the issuance of the first building permit,whichever occurs first.
29. The applicant shall add landscaping consisting of shrubs and a minimum of 4-inch caliper trees
along the common border shared between Route 44 Crossing Subdivision and Sedona Creek
Subdivision.The applicant shall work with the Sedona Creek Subdivision homeowner's association
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to review and approve the landscape plan prior to submittal of the design review application.
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);
Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8-2A-6(B)(3): Fences:
a. Block(with columns),which may include brick,rock,stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar,fir,chain link,barbwire,razor wire,and similar high maintenance and/or
unsightly fencing is prohibited.However,powder coated chain link fencing may be permitted
for use on school sites.
• 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.
b. When a homeowners association or its agent removes tree(s)from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required
provided the site remains in compliance with subdivision's approved landscape plan as
determined by the city.
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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.
d. In cases where the condition of the tree(s)constitutes an"emergency"as defined in
section 8-1-2 of this title,the tree(s)may be removed without approval provided that the
city is notified after the tree's removal and provided with documentation indicating the
tree's condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
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
damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with
subsection C2 of this section.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet(6'),or to the drip line,whichever is furthest from the trunk.
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
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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 8-2A-7(L): Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles,screen unsightly views,establish
a pleasing view for motorists,and create a safe and pleasant corridor for pedestrians.
a. The landscaped strip shall be ten feet(10')wide minimum and planted with one shade tree
and ten(10)shrubs for every thirty five feet(35')of street frontage. Two(2)ornamental
or two(2)evergreen trees may be substituted for one shade tree.
• Eagle City Code Section 8-2A-7(M): Parkway Strips,Separated Sidewalks,and Street Trees:
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks
shall be separated from the curb along all streets.An eight foot(8')wide minimum parkway
planter strip planted with shade class(class II)trees shall be required between the sidewalk
and street to provide a canopy effect over streets.
2. In all required applications,excluding residential developments,one street tree,selected from
the approved tree list in subsection Q of this section,shall be planted per thirty five(35)
linear feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within the
eight foot(8')wide landscape strip between the sidewalk and the curb. Trees shall be planted
at the front of each lot generally located on each side lot line corner with the distance between
trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street
frontage.
4. In all cases,any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
3. Tree Fund:Persons applying for an alternative method of compliance for relief from regulations
that require all existing trees to remain on site may elect to make a financial contribution to the
Eagle city tree fund in lieu of retaining all trees on site. The condition(s)which warrants the
need for the tree fund alternate method of compliance shall be specified in the application
submitted under subsection 02 of this section. If the application is approved,the amount to be
contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)
removed from the site and the total vertical feet of coniferous trees removed from the site.Cost
per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance,without prejudice,in accordance with subsection 02 of this section.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lightings:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away
from the adjoining property.
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3. Except as noted in subsection A4 of this section,all site and building lighting shall be
recessed or shielded to direct all light downward and the source of the light(including the
lamp and any nonopaque material/lens covering the lamp)shall not be directly visible by
a person of average height standing on the property line of any public right of way,or any
private street,or on the property line of any residentially zoned parcel of land or parcel of
land used for residential purposes.
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.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty(320)watts.
b. The light fixture shall be no higher than seventeen feet(17').
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(1) The lighting shall be harmonious with and in accordance with the general
objectives,or with any specific objective of chapter 2,article A of this title;
(2) The lighting shall be installed,operated,and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area;and
9. It shall be the responsibility of the property owner to supply power in perpetuity to all
lighting,including streetlights located within the right of way,required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to
issuance of a building/zoning permit.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Route
44 Crossing Subdivision,a 71-lot(41-single-family[inclusive of 9-live/work lots], 10-commercial
[inclusive of 2-storage unit lots], 20 common) residential/commercial planned unit development.
The common area consists of street trees, buffer along North Linder Road, picnic shelter,
barbeques, benches, and a pathway. The landscaping associated with the townhomes, live/work
units,and commercial lots will be reviewed with each design review for the buildings. 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 146 trees from the site.The applicant is proposing to mitigate
for the Pine and Spruce trees(685-feet)and not mitigate for the Cottonwood,Birch,Russian Olive,
Tree of Heaven,Poplar,and Black Walnut trees.Pursuant to the applicant's justification letter,they
are proposing to add 55,4-inch caliper trees along the north property line of the site.The applicant
states this is in excess of Eagle City Code;however,preliminary plat site specific condition no. 6
requires 4-inch caliper trees to be planted along the common border shared between Route 44
Crossing Subdivision and Sedona Creek Subdivision. 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
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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 trees and proposed mitigation to the Design
Review Board.
If the City approves the removal of the trees and accepts the proposed mitigation,no additional
trees are required.
-OR-
If the City approves the removal of the trees,does not accept the proposed mitigation,and only
requires mitigation for the Spruce and Pine trees,the applicant should provide a revised landscape
plan showing the addition of 105,2-inch caliper or 105,6-7-foot tall trees.The revised landscape
plan should be reviewed and approved by staff and one member of the Design Review Board
prior to submittal of the final plat application.
-OR-
If the City approves the removal of the trees and does not accept the proposed mitigation,the
applicant may elect to make a financial contribution to the tree fund in the amount of$41,100.00
(685-feet X$60/foot)in lieu of retaining all trees on the site.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
• The landscape plan shows a 4-foot tall berm with a 6-foot tall CMU wall with columns within the
buffer area along North Linder Road. A detail of the CMU wall with columns was received;
however, the color associated with the columns 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. Staff defers comment regarding the proposed CMU wall with
columns to the Design Review Board. If the Board recommends approval of the CMU wall with
columns,the applicant should be required to provide a revised landscape plan showing the colors
associated with the columns. The revised landscape plan and detail should be reviewed and
approved by staff and one member of the Design Review Board prior to submittal of the final plat
application.
• The fencing plan shows a fence between the townhome lots north of West Amboy Street where a
sidewalk is required pursuant to site specific condition no. 19 of the preliminary plat.
Fencing Plan
I I
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Site Plan
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The applicant should be required to provide a revised fencing plan removing the fencing shown to
be located between the townhome lots(that conflict with the sidewalk)on the north side of West
Amboy Street.The revised fencing plan should be reviewed and approved by staff prior to
submittal of the final plat application.
• The fencing plan shows a chain link fence proposed on the east side of North Stratus Way to enclose
the access area to the Middle Mill Irrigation Ditch. Pursuant to Eagle City Code section 8-2A-
6(B)(3), chain link fencing is prohibited. The applicant should be required to provide a revised
fencing plan showing wrought iron fencing or another fencing type permitted within Eagle City
Code. The revised fencing plan should be reviewed and approved by staff prior to submittal of the
final plat application.
• The landscape plan shows a 10-foot wide buffer area between the commercial lots and pathway,
ditch, and right-of-way. The applicant is proposing a plant palette for landscape buffer that would
be utilized as each commercial lot comes through the design review process. Staff defers comment
regarding proposed plant palette to the Design Review Board.
• The picnic shelter elevation plans show two decorative light fixtures proposed;however,details
showing the illumination type,how the light will be shielded from view,etc.were not received.
The applicant should be required to provide a detailed cutsheet for the light fixture proposed on
the picnic shelter showing the illumination type,wattage, shielding,etc. The detailed cutsheet
should be reviewed and approved by staff prior to submittal of the final plat application.
• The landscape plan shows a parkway strip,street trees,and sidewalk along North Linder Road;
however,no landscaping is shown west of the sidewalk. The applicant's justification letter states
that this area is to be"landscaped by others"as part of the Ada County Highway District Linder
Road and State Highway 44 project. The ACHD project is proposed to begin construction in
2026.
Landscape Plan
N.LINDER ROAD ._`
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a 00 t:'+.!,- • NOAGAAN AVENUE tt : P
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ACHD Linder Road and State Highway 44 Project
s
If Route 44 Crossing Subdivision common area improvements are installed prior to the ACHD
project,the applicant should be required to work with ACHD to install the approved landscaping
along the frontage of North Linder Road when the berm along North Linder Road is constructed
and landscaped prior to issuance of the first certificate of occupancy within the subdivision. The
applicant should be required to provide a revised landscape plan showing the ACHD approved
landscaping along North Linder Road.The revised landscape plan should be reviewed and
approved by staff prior to submittal of the final plat application.
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 November 9,2023,
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 common area landscaping with the site specific conditions.
• The Board is in favor of the tree removal.The Board did not agree that the additional landscaping along
the north property line should count towards tree mitigation due to it already being a requirement from
the preliminary plat. The Board requested a landscape plan showing an additional 105-trees for Board
members to review.
BOARD DECISION:
The Board voted 4 to 0(Greer,Duperault,Mihan absent)to recommend approval of DR-53-23 for a
design review application for the common area landscaping within Route 44 Crossing Subdivision,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 and text shown with strikethrough to be deleted
by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-05-1 9/RZ-1 1-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-
19/PP-07-19.
2. Provide a revised picnic shelter elevation showing the metal roofing to have concealed fasteners. The
revised elevation shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
are required.
-OR-
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If4The City approves the removal of the trees,does not accept the proposed mitigation,and only
requires mitigation for the Spruce and Pine trees,the applicant shall provide a revised landscape plan
showing the addition of 105,2-inch caliper or 105,6-7-foot tall trees.The revised landscape plan
shall be reviewed and approved by staff and one-two members of the Design Review Board to
determine the required number of trees based on required mitigation and space allowed on the site)
prior to submittal of the final plat application.
-OR-
«oc+ Y$60/f ot)i« lieu of retaining all trees on the site
OR
be approved--by the —A-revised use e plan and/or , ntfibution to he-treed-should be
.bmitted to the City r to he .bp.ittal of a final plat.. pl: at:
tructie«/demolition on the site whichever e s first
r
4. Tf-tThe Board recommends approval of the CMU wall with columns,the applicant shall be required to
provide a revised landscape plan showing the colors associated with the columns.The revised landscape
plan and detail shall be reviewed and approved by staff and one member of the Design Review Board
prior to submittal of the final plat application.
5. Provide a revised fencing plan removing the fencing shown to be located between the townhome lots
(that conflict with the sidewalk)on the north side of West Amboy Street.The revised fencing plan
shall be reviewed and approved by staff prior to submittal of the final plat application.
6. Provide a revised fencing plan showing wrought iron fencing or another fencing type permitted
within Eagle City Code.The revised fencing plan shall be reviewed and approved by staff prior to
submittal of the final plat application.
7. Provide a detailed cutsheet for the light fixture proposed on the picnic shelter showing the
illumination type,wattage,shielding,etc.The detailed cutsheet shall be reviewed and approved by
staff prior to submittal of the final plat application.
8. If Route 44 Crossing Subdivision common area improvements are installed prior to the ACHD
project,the applicant should be required to work with ACHD to install the approved landscaping
along the frontage of North Linder Road when the berm along North Linder Road is constructed and
landscaped prior to issuance of the first certificate of occupancy within the subdivision.The applicant
should be required to provide a revised landscape plan showing the ACHD approved landscaping
along North Linder Road.The revised landscape plan should be reviewed and approved by staff prior
to submittal of the final plat application.
9. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
10. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project,prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
13. No ground mounted mechanical units are proposed with this application and none are approved.
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14. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building.
15. No signs are proposed with this application and none are approved.
16. Provide revised pumphouse building elevations showing a minimum of 25% planer change on all
elevations. Provide a revised fencing plan showing the proposed fencing around the pump house.
Provide a revised landscape plan showing the landscaping proposed around the pump house. The
revised elevations, fencing, and landscape plans shall be reviewed and approved by staff and one
member of the Design Review Board prior to submittal of a final plat application.
17. Provide physical material and color samples for all buildings and decorative wall adjacent to North
Linder Road.The physical material and color samples 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.
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.
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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
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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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
Code(one year from approval date).
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-53-23) 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 Board 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 C-1-DA-P(Neighborhood Business District 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 14th day of December 2023.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County I o
Ro ert Gru b,Chairman
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Tracy E. O , gle City Clerk ▪ • m•t
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