Findings - DR - 2024 - DR-2024-07 - Amberly Ranch - Common Area Landscaping within Amberly Ranch Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING WITHIN )
AMBERLY RANCH SUBDIVISION FOR )
CORE BUILDING COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 23,2024. The 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:
Core Building Company, represented by Fred Alexander, is requesting design review approval of the
common area landscaping within Amberly Ranch Subdivision. The 11.81-acre site is located on the
southwest corner of West Beacon Light Road and North Ballantyne Lane at 2141 West Beacon Light
Road and 2793 North Ballantyne Lane (Ada County Assessor parcel numbers R3683000100,
S0506120610,and S0506120700).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 20, 2024. Supplemental
information(revised landscape plans and irrigation pump information)was received on April 30,2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on March 8,2024,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 14,2007,the City Council approved applications for annexation,rezone from RUT(Rural
Urban Transition—Ada County designation) to R-E-DA (Residential, one unit per two acres with a
development agreement) and preliminary plat for Tranquil Estate Subdivision (A-09-07/RZ-11-07 &
PP-12-07). These applications are considered to be withdrawn.
On March 8,2022,the City Council approved an annexation,rezone from RUT(Rural Urban Transition
— Ada County designation) to R-E-DA (Residential, one unit per two acres with a development
agreement) and preliminary plat application for Amberly Ranch Subdivision (A-10-21/RZ-15-21 &
PP-15-21).
On October 11, 2022, the City Council approved a modification to the preliminary plat for Amberly
Ranch Subdivision permitting the requirement to extend central water service to the site be removed
(PP-15-21 MOD).
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 Estate Residential RUT(Rural-Urban Transition Single family residential
—Ada County designation)
Proposed Estate Residential(No R-E-DA(Residential-Estate Single family residential
change) with a development subdivision(Amberly
agreement) Ranch)
North of site Agriculture/Rural RUT(Rural-Urban Transition Single family residential
—Ada County designation)
South of site Estate Residential RUT(Rural-Urban Transition Single Family Residential
—Ada County designation)
East of site Estate Residential R-E(Residential Estate) Single Family Residential
West of site Estate Residential RUT(Rural-Urban Transition Single Family Residential
—Ada County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
There are two existing residential homes located within the development that are to be retained. There
are 36 trees located throughout the site.
J. SITE DATA:
Total Acreage of Site(to be annexed and rezoned)— 11.81 acres
Total Acreage of Site(to be platted at this time)—7 acres
Total Number of Lots—4
Residential—3
Commercial—0
Industrial—0
Common— 1
Total Number of Units— 3
Single-family— 3
Duplex—0
Multi-family— 0
Total Acreage of Any Out-Parcels—4.81 acres
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1-unit per 2.33 acres 1-unit per 2.33 acres(as
limited within the
development agreement)
Minimum Lot Size 87,000-square feet(2-acres) 1.8-acres
Minimum Lot Width 271.05-feet 100-feet
Minimum Lot Frontage 106-feet 35-feet
Total Acreage of Common Area None proposed None required in the R-E zone
Percent of Site as Common Area 0% 0%required in the R-E zone
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space,Green Belt Areas and Landscape Screening:
According to the preliminary plat date stamped by the City November 10,2021,the applicant is
proposing a fifty foot(50')wide landscaped buffer area on the south side of West Beacon Light Road
adjacent to the north boundary of the proposed subdivision to be located within an easement,rather
than a common lot. The applicant is also proposing a 10 foot(10')wide detached sidewalk setback
twelve feet(12 ft.)from the edge of the right-of-way to be located within the easement area. The
location will help to preserve the existing trees located on lot 1.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat.The plans are to show how swales,or drain piping,will be
developed in the drainage easements.Also,the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney,requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code Section 9-3-6 states that unobstructed utility easements shall be provided along front
lot lines,rear lot lines,and side lot lines when deemed necessary. Total easement width shall not be
less than twelve-feet(12'). The preliminary plat dated stamped November 10,2021,identifies 12
foot easements along all property boundaries.
Fire Hydrants and Water Mains:
The preliminary plat date stamped by the City on November 10,2021,does not show any fire
hydrants. Fire hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System(yes or no)—Yes
Pressurized Irrigation:
The applicant has proposed to modify the existing pressurized irrigation system to serve the
development.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(B)existing natural features which add value to residential
development and enhance the attractiveness of the community(such as trees,watercourses,historic
spots and similar irreplaceable assets)shall be preserved in the design of the subdivision. Numerous
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mature trees exist on the property and are intended to remain.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site.If during excavation or development of
the site,any historical artifacts are discovered,state law requires immediate notification to the state.
M. BUILDING DESIGN FEATURES:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 36 existing trees. The applicant is
proposing to retain 30 of the trees. The 6 trees identified to be removed are 3 ash, 1 cottonwood, 1
honey locust,and 1 maple and are noted to be in poor condition.
Tree Tree Specie Caliper/H Condition Remove/ Replacement
# eight Retained Inches/Feet per
ECC
1 Cottonwood 25" Poor condition/undesirable Remove 25"
2 Honey 12" Fair condition Retain 0"
Locust
3 Maple 24" Fair condition Retain 0"
4 Ash 18" Fair condition Retain 0"
5 Douglas Fir 50' Good condition Retain 0'
6 Ash 17" Fair condition Retain 0"
7 Oak 18" Fair condition Retain 0"
8 Honey 19" Poor condition/volunteer Remove 19"
Locust
9 Ash 15" Poor condition Remove 15"
10 Maple 15" Poor condition Remove 15"
11 Ash 18" Poor condition Remove 18"
12 Ash 18" Poor condition Remove 18"
13 Pines(14) 15'—25' Good condition Retain 0'
14 Pear 4" Good condition Retain 0"
15 Apple 15" Fair condition Retain 0"
16 Spruce 20' Good condition Retain 0'
17 Linden Unknown Good condition Retain Not provided
18 Cottonwood Unknown Fair condition Retain Not provided
(2)
19 Ash(2) Unknown Good condition Retain Not provided
20 Pine(2) Unknown Good condition Retain Not provided
Total caliper inches/feet of trees required to be replaced TBD by the Design
on site Review Board and
City Council
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Total caliper inches removed from the site 110"
Total caliper inches proposed for mitigation 0"
Tree Replacement Calculations:The applicant is not proposing to plant any additional trees to mitigate
for the 110-caliper inches of trees being removed from this site. See discussion on page 9 for more
information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along both sides of the private 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 streetlight plan showing the location and a detailed cutsheet of the proposed
light fixture have been provided. The location and streetlight style,height,and wattage have been
reviewed and 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
submitted and approved prior to the construction of signs within this 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
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not
required.
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X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Historic Preservation Committee
Eagle Sewer District
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
i. Will have signs,if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
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:
Estate Residential
Suitable primarily for single family residential development within areas on acreages that may be in
transition from agricultural to residential use or may combine small scale agricultural uses with
residential uses. Maximum density of up to one(1)unit per two(2)acres.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site.The report shall identify,at a minimum,species,size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2)planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) all proposed fencing throughout the development, and 4)
street lights. The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to the submittal of a final plat application.
3.9 A 10 foot wide sidewalk shall be constructed along the entire Beacon Light Road frontage and a
5 foot wide sidewalk shall be constructed along the Ballantyne Lane frontage prior to the City
Clerk signing the Amberly Ranch Final Plat.
3.10 A landscape buffer area, located within an easement, shall be required along all Beacon Light
Road and Ballantyne Lane frontages.The easement along both frontages shall be 35 feet in width
and shall include a 2-3 foot tall meandering berm height with a 3—4 foot tall split rail fence on
top. However, the frontage along Beacon Light shall be landscaped in accordance with Eagle
City Code 8-2A-7(J)(4)(b).
3.11 All landscaping and fencing within the landscape buffer easements on all parcels shall be
included within the Design Review application for Amberly Ranch Subdivision.No solid vinyl
fencing shall be allowed.
3.12 All landscaping and berms within parcels S0506120700, and S0506120610 shall be completed
prior to the City Clerk signing the record of survey approving the associated lot line adjustment
or by May 1,2025,whichever occurs first.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
8. 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 or
private lots (unless approved for removal by the Design Review Board) shall be provided for
Design Review Board approval prior to the submittal of a final plat. Construction fencing shall
be installed(pursuant to the Design Review Board's direction)to protect all trees that are to be
preserved,prior to the commencement of any construction on the site.
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9. 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 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.
12. 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.
14. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the final plat.
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(A)(5):
Utilities:Utility service systems shall not detract from building or site design.Cable,electrical,and
telephone service systems shall be installed underground,
• Eagle City Code Section 8-2A-7(C)(2): Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,an
equivalent amount of caliper inches shall be replanted.For each vertical foot of coniferous tree
removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous tree
is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous trees.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust,poplar,cottonwood,willow,tree of heaven, elm, and silver maple.
Trees which are weak wooded,weak branched, suckering,damaged,diseased,insect infested,
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or containing similar maladies may be exempt from replacement if removal is first approved
by the city.
• Eagle City Code Section 8-2A-7(0):
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.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Amberly Ranch Subdivision,a 4-lot(3-buildable, 1-common)residential subdivision totaling 7.41-
acres (Ada County parcel number R3683000100) and the 4.4-acres (Ada County parcel numbers
SO506120610 and SO506120700) that were annexed with this development. The common area
landscaping consists of the landscape buffer along West Beacon Light Road and North Ballantyne
Lane and street trees along the private drive into the 7.41-acres. Staff defers comment regarding
the common area landscaping to the Design Review Board.
• There are 36 trees located within the development. The applicant is proposing to retain 30 of the
trees and remove 6 of the trees from the site. The 6 trees identified to be removed are ash (3),
cottonwood(1),honey locust(1),and maple(1)all of which have been identified as being in poor
condition,undesirable, or volunteers. The caliper inches being removed from the development is
110-inches. The applicant has not proposed any mitigation for the trees being removed from the
development. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to
be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code
Section 8-2A-7(C)(2)(c), unless it is determined by the City that replacement is necessary to
preserve and/or restore riparian and wildlife habitat, removal of Black Locust, Silver Maple, and
Cottonwood trees do not require replacement. Pursuant to Eagle City Code Section 8-2A-
7(C)(2)(a),for each caliper inch of deciduous tree removed,an equivalent amount of caliper inches
is required to be replanted and for each vertical foot of coniferous tree removed, an equivalent
amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the 6 trees to the Design Review Board.
If the City approves the removal of the trees and does not require mitigation,no additional trees
are required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 110-caliper inches of tree(55,
2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt
to pay an in lieu fee into the tree fund in the amount of$19,250.00(110-caliper inches x$175.00
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per caliper inch). The payment to the tree fund should be received by the City prior to the
submittal of a final plat application.
-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.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the 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 May 23, 2024, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
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 applicant's revised landscape plan,date stamped by the city on January 25,
2024,which addressed site specific condition no. 2.
• The Board is in favor of the removal of the trees without mitigation based on the applicant retaining
numerous existing trees and planting the 35-foot wide berm along West Beacon Light Road with the
standard plantings of a 50-foot wide berm.
BOARD DECISION:
The Board voted 3 to 0(Mihan recused; Grubb,Duperault,and Murphy absent)to approve DR-2024-07
for a design review application for the common area landscaping within Amberly Ranch Subdivision,
with the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline to be
added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-10-21/RZ-15-21 & PP-15-21 and any subsequent
modifications.
2. If Tthe City approves the removal of the trees and does not require mitigation, no additional trees are
required.
OR
i_neb-ealiper trees)-planted en site. The revised dscape=plan shall be re-viewed-and-approved by
staff m4er to the submitta1 of a f al p1st l' t'
OR
If the City approves the removal of the trees and docs required mitigation,the applicant may opt to
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lieu f e into 4he woe f.na ' t" amount of$19,250.00(110 caliper inches x$175.00 per
OR
and approved aver witted to the City prier to the submittal of a final plat application or
3. All overhead utilities to the site shall be removed and installed underground. All utility poles shall be
removed.
4. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
6. No signs are proposed with this application and none are approved.
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 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
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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 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 fmal plat.
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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 inspected in accordance with all agencies having jurisdiction,and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans,including,but not limited to building design,
location and details,landscaping,parking,and circulation,must be approved prior to construction/
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. Any change by the applicant in the planned use of the property which is the subject of this
application,shall require the applicant to 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 change 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.
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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 the City Council 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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-07) 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 R-E-DA(Residential-Estates with a development agreement)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 13th day of June 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun Idaho
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Walter mdgren,Chai an
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Tracy E. , agle City Clerk =
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