Findings - CC - 2024 - DR-61-23 - Design Review for the Common Area Landscaping Within Shetland Point Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SHETLAND )
POINT SUBDIVISION FOR A TEAM LAND )
CONSULTANTS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-61-23
The above-entitled design review application came before the Eagle City Council for their action on
February 27,2024. 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:
Steve Arnold with A Team Land Consultants is requesting design review approval for the common area
landscaping within Shetland Point Subdivision. The 5.10-acre site is located on the west side of North
Park Lane approximately 400-feet south of the intersection of West Floating Feather Road and North
Park Lane at 1025 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 25, 2023. Revised information
(landscape plan)was received January 16, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 28, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 25,2023,the City Council approved an annexation,rezone from RUT(Rural Urban Transition
—Ada County designation)and RI (Residential—Ada County designation)to R-3-DA-P(Residential
with a development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat for Shetland Point Subdivision, a 13-lot (10-buildable, 1-existing residence, 2-
common) residential planned unit development (A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-
22).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Transition Single-Family Residence
Residential(Transition —Ada County designation)
Overlay) and R1 (Residential—Ada
County designation)
Proposed No Change R-3-DA-P(Residential with a Single-Family,Residential
development agreement— Planned Unit Development
PUD)
North of site Neighborhood RUT(Rural-Urban Transition Church
Residential(Transition —Ada County designation)
Overlay)
South of site Neighborhood R-E(Residential-Estates) Single-Family Residential
Residential(Transition Subdivision(Rays Acres
Overlay) Subdivision)
Neighborhood R-3-DA(Residential with a
East of site Single-Family Residential
Residential(Transition development agreement), (Monticello Estates
Overlay)and RUT(Rural-Urban Transition Subdivision), Single-
Public/Semi-public —Ada County designation) Family Residential
and PS (Public/Semipublic) Subdivision(Rays Acres
Subdivision)and Eagle
High School
Neighborhood RUT(Rural-Urban Transition
West of site Residential(Transition —Ada County designation) Single-Family Residential
Overlay) and R-E-DA(Residential- Subdivision(Asbury Park
Estates with a development No. 1)
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site has an existing house that is to remain, two existing shed buildings which will be removed,
and existing trees that will be retained or relocated.
J. SITE DATA:
Total Acreage of Site—5.10-acres
Total Number of Lots— 13
Residential— 11 (including one [1] existing)
Commercial—0
Industrial—0
Common—2
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Total Number of Units— 11
Single-family— 11
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 2.16-dwelling units/acre 2.16-dwelling units per acre
maximum(as limited by the
development agreement)
Minimum Lot Size 10,101-square feet 10,000-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 offsetting
increase of the required percentage in open
space has been provided.
Minimum Lot Width 75-feet 75-feet(minimum)
Minimum Street Frontage 71-feet 35-feet
Total Acreage of Common Area 1.11-acres 1.02-acres(minimum)
Open Space
Percent of Site as Common Area 21.7% 20%(minimum)
Open Space Except that,according to ECC Section 9-3-8
(C)the City may require additional public
and/or private park or open space facilities in
PUDs or in subdivisions with 11 or more
lots.
Percent of Common Area Open 21.8%(11,445-square 15%(7,843-square feet)(minimum)
Space as Active Open Space feet)
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 1.11-acres(21.7%)of open space is proposed within the subdivision.The common area open
space consists of the required buffer area along Park Lane and a common lot(Lot 13, Block 1)located
on the south side of Mustang Place. The common lot south of Mustang Place is proposed to consist of
two (2) gazebos, 8-foot wide pathway, ACHD storm water facility, planter strips, and a landscape
island.
Landscape Screening:
The applicant is proposing a 35-foot-wide landscaped buffer along Park Lane (collector) located
adjacent to the development. The proposed widths of the landscaped buffer areas are in conformance
with Eagle City Code Section 8-2A-7(J)(4).
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney,requiring that lots be graded so 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:
The proposed easement widths as noted on the preliminary plat, date stamped by the City on February
1, 2023, are in conformance with Eagle City Code Section 9-3-6. The existing house is served by
overhead power.
Fire Hydrants and Water Mains:
The preliminary plat,date stamped by the City on February 1,2023,shows two(2)fire hydrants located
within the subdivision.The first fire hydrant is located on the north side of Mustang Place in proximity
to the intersection of Park Lane and Mustang Place.The second fire hydrant is located on the north side
of Mustang Place approximately 500-feet from the entrance of the subdivision to Park Lane. Hydrants
are to be located and installed as required by the Eagle Fire Department.
On-site Septic System:
The existing residential dwelling located in proximity to the northeast corner of the property is served
by a septic system. The septic system will be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
The existing home is surrounded by several mature trees.The applicant will be required to preserve the
existing trees or mitigate for any trees proposed to be removed.
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:
Pergola:
Columns/Beams: Rough Sawn Timber(Mocha Walnut stain)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The existing tree plan provided with the design
review application shows 11 existing trees on the site that will be relocated and retained.Below is a list
of the existing trees.
Tree Specie Caliper/Height Condition Remove/ Replacement
Retained Inches/Feet per
ECC
Spruce Unknown Healthy Relocate N/A
Cl-C6
Pear Unknown Healthy Relocate N/A
Dl-D3
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Weeping Unknown Healthy Relocate N/A
Willow
D4
•
Deciduous Unknown Healthy Retain N/A
D5
Total caliper inches/feet of trees required to be replaced on site N/A
Total caliper inches proposed for mitigation 0"
Total height proposed for mitigation 0'
Tree Replacement Calculations:
The applicant is proposing to retain one existing tree and relocate 10 existing trees. Since all existing
trees are being retained or relocated on site,there is no required mitigation.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Park Lane.
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 parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—several trees located behind the existing residence located at the northeast corner
of the property
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
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Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—yes—within the existing trees
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 Department of Environmental Quality
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;
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
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i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.Commonly
requires a transition/change in density, lot sizing,and building scaling with a specific parcel or project.
Base densities may be reduced, or units may be clustered to increase open space within a portion of a
site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure
an appropriate transition between uses. See specific planning areas for further description.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.6 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage,2)planting details within the all common areas throughout the development,3)landscape
screening details and buffering for the common lots located adjacent to North Park Lane, 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 shelters, benches, gazebos, and/or similar amenities. The design
review application shall be reviewed and approved by the Design Review Board and City Council
prior to the submittal of a final plat application.
3.7 Owner shall provide a detailed arborist report and a 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 how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees.No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by
the Design Review Board. A detailed landscape plan showing how the trees will be integrated into
the open space areas (unless approved for removal and mitigation by the Design Review Board)
shall be provided for Design Review Board approval prior to the submittal of a final plat
application.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
7. The developer shall provide shade-class (Class II) trees (landscape plan to be reviewed and
approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line,or as approved by
the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between
the 5-foot-wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds
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shall be placed so as to not interfere with the required placement of street trees. Prior to the City
Clerk signing the final plat the applicant shall either install the required trees,sod,and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion. (ECC 8-2A-7[E] and
ECC 8-2A-18)
8. 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)(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;
• 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
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the site remains in compliance with subdivision's approved landscape plan as determined
by the city.
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(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 8-4-4-2(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.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a
person of average height standing on the property line of any residentially zoned parcel of land
or parcel of land used for residential purposes. The light used shall be 3000K maximum LED
(or approved equivalent) and the light fixture shall be provided with optics to direct light
downward.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet(20')for parking lots with less than two hundred(200) spaces;
b. Twenty five feet(25') for parking lots with more than two hundred (200) spaces but less
than five hundred(500) spaces;
c. Thirty feet(30')for parking lots with more than five hundred(500) spaces;
d. Fifteen feet(15') for any pole within fifty feet(50') of a 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
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (as identified in the EASD
book)shall not be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application,shall be changed to comply with
current city code.
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.
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10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
• Eagle City Code Section 9-3-10: Fences:
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, unless the fence is located on the property line between the required roadway buffer area
and the residential lot,in which case the fence may be a solid wood picture frame or premium vinyl
picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence
is visible from the adjacent roadway, then the fence shall include decorative columns spaced a
maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed
as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A
section within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Shetland Point Subdivision, a 13-lot (10-buildable, 1-existing residence, 2-common) residential
planned unit development. Street trees are proposed along North Park Lane and Mustang Place.
Amenities include pathways within the common areas,two paver areas with pergola and benches,
buffer along North Park Lane. Staff defers comment regarding the common area landscaping to the
Design Review Board.
• The landscape plan shows a 6-foot tall wood composite fence with black posts and caps proposed
along the property line between the landscape buffer along North Park Lane and the residential lots.
The berm along North Park Lane is 5-feet tall. Pursuant to Eagle City Code Section 9-3-10, if the
buffer area is designed so that the fence is visible from the adjacent roadway, then the fence is
required to include decorative columns spaced a maximum of 6-feet apart.The applicant should be
required to provide a revised landscape plan showing the 6-foot tall wood fence between the
residential lots and landscape buffer area along North Park Lane to have decorative columns a
maximum of 60-feet apart. 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.
• The landscape plan shows a 6-foot tall wood composite fence with black posts and caps proposed
along the property line between the landscape buffer along North Park Lane and the residential lots.
Pursuant to Eagle City Code Section 8-2A-6(B)(3), decorative wood fencing may be permitted if
the City determines that the style of fence proposed is complementary to the overall site design.
Staff defers comment regarding the wood fence to the Design Review Board.
• The existing tree exhibit shows eleven existing trees on the site. One tree is to be retained and ten
trees are to be relocated to the common lot south of Mustang Place.The existing tree exhibit shows
the location and specie of trees;however,the size of the trees is unknown. Since the trees are being
retained or relocated,no mitigation is required;however,if any of the relocated trees die,mitigation
will be required.The applicant should be required to provide a revised existing tree exhibit showing
the caliper inches of the deciduous trees and height of the conifer trees. The revised existing tree
exhibit should be reviewed and approved by staff prior to submittal of the final plat application.
• The landscape plan shows Class I street trees proposed along North Park Lane due to the existing
power lines.Pursuant to Eagle City Code Section 8-2A-7(M),class II street trees are required. Staff
defers comment regarding the proposed Class I street trees to the Design Review Board.
• The streetlight detail shows the streetlights to be 30-feet in height and no details regarding color,
illumination type, wattage, etc. were received. Pursuant to Eagle City Code Section 8-4-4-2,
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streetlights are required to be a maximum of 20-feet tall. The applicant should be required to
provide a revised streetlight detail showing the streetlight a maximum of 20-feet tall and provide a
detailed cutsheet showing the color, illumination type, wattage, etc. The revised streetlight detail
and cutsheet 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 January 25, 2024,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the common area landscaping with the site specific conditions of approval.
BOARD DECISION:
The Board voted 4 to 1 (Duperault against;Mihan and Greer absent)to recommend approval of DR-61-23
for a design review application for the common area landscaping within Shetland Point Subdivision, with
the following site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document,dated February 8, 2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 27,2024,at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-61-23 for a design review application for the common area
landscaping within Shetland Point Subdivision, with the following Design Review Board recommended
site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22.
2. Provide a revised landscape plan showing the 6-foot tall wood fence between the residential lots and
landscape buffer area along North Park Lane to have decorative columns a maximum of 60-feet apart.
The revised landscape plan shall be reviewed and approved by staff and one member of the Design
Review Board prior to submittal of the final plat application.
3. Provide a revised existing tree exhibit showing the caliper inches of the deciduous trees and height of
the conifer trees. The revised existing tree exhibit shall be reviewed and approved by staff prior to
submittal of the final plat application.
4. If the ten existing trees that are to be relocated within the common area die, the applicant shall be
required to mitigate for the trees pursuant to Eagle City Code Section 8-2A-7(C).
5. Provide a revised streetlight detail showing the streetlight a maximum of 20-feet tall and provide a
detailed cutsheet showing the color, illumination type, wattage, etc. The revised streetlight detail and
cutsheet shall be reviewed and approved by staff prior to submittal of the final plat application.
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6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide a revised landscape plan showing the planter strip and sidewalk adjacent to North Park Lane,
on the north and south sides of Mustang Place,to have an 8-foot wide planter and 8-foot wide sidewalk
in alignment. The revised landscape plan shall be reviewed and approved by staff and one member of
the Design Review Board prior to submittal of the final plat application.
14. Provide a revised mailbox cluster detail showing the style,color,etc.that includes decorative elements
and provides a covered structure they are to be located within to complement the subdivision.The detail
and covered structure shall be reviewed and approved by staff and one member of the Design Review
Board prior to submittal of the final plat application.
15. Provide three cross sections (north, middle, south) of the berm along North Park Lane showing grade
of the adjacent roadway, slope of the berm,and how the boulders are being placed in each section.The
cross sections shall be reviewed and approved by staff and one member of the Design Review Board
prior to submittal of the 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.
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6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
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
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property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
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.
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23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-61-23) 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-3-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;
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E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 27th day of February 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad , ayor
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acy E. orn,Eagle City Clerk 1.S E A L :• '�
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Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis.
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