Findings - CC - 2024 - DR-2024-18 - Design Review for the Common Area Landscaping Within Tierpointe Sub BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN TIERPOINTE )
SUBDIVISION FOR DRY VENTURES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-18
The above-entitled design review application came before the Eagle City Council for their action on June
25, 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:
DRY Ventures, represented by Dave Yorgason with Tall Timber Consulting, is requesting design
review approval of the common area landscaping within Tierpointe Subdivision. The 16.01-acre site
is located on the north side of West State Street approximately 3,300-feet west of North Linder Road
at 5800 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 9, 2024. Supplemental information
(revised landscape plan)was received on May 14, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 15,2024,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 11, 2023,the Eagle City Council approved an annexation, rezone from RUT((Rural-Urban
Transition—Ada County designation)to R-6-DA(Residential with a development agreement [in lieu
of a PUD]), and preliminary plat approvals for Tierpointe Subdivision(A-09-22/RZ-12-22/PP-18-22).
E. COMPANION APPLICATIONS: DR-2024-19(subdivision entry monument sign application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential RUT(Residential—Ada Single-family residence
County designation) and agriculture
Proposed No Change R-6-DA(Residential with a Single-family residential
Development Agreement[in subdivision
lieu of a PUD)
North of site Compact Residential R-5-DA-P(Residential with a Single-family residential
development agreement- subdivision(Mosscreek
PUD) Subdivision future phase)
•
South of site Professional RUT(Residential—Ada Single-family dwelling and
Office/Business Park County designation) vacant parcel
East of site Compact Residential RUT(Residential—Ada Agriculture(Proposed
County designation) Brookstone Subdivision)
West of site Neighborhood RUT(Residential—Ada Single-family residence
Residential County designation) and agriculture
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
There is an existing house, multiple out-buildings, and trees located near the southeast corner of the
site.
J. SITE DATA:
Total Acreage of Site— 16.01-acres
Total Number of Lots—72
Residential—66
Commercial—0
Industrial—0
Common—6
Total Number of Units—66
Single-family—66
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a sewer lift station and one(1)
building to be utilized as a mailbox structure.
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Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirteen foot eleven and three-quarter inch (13' 11 3/4")
high single-story structure for the sewer lift station and an approximately fourteen foot eleven inch(14'
11")high single-story structure for the mailbox cover.
Gross Floor Area of Proposed Buildings:
The proposed sewer lift station is approximately 228-square feet and the mailbox structure is 187-
square feet.
On and Off-Site Circulation:N/A
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Asphalt Shingle(Onyx Black)
Walls: Board and Batten Hardie Siding(Grizzle Gray)
Windows/Doors: Aluminum(Grizzle Gray)
Fascia/Trim: Hardi Board(Extra White)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are five existing trees located near the
southeast corner of the development and all of them are proposed to be removed. The trees have been
identified as Spruce and Birch trees.
Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Spruce 30' Poor condition Remove 30'
Spruce 30' Poor condition Remove 30'
Birch 16" Poor condition Remove 16"
Spruce 30' Poor condition Remove 30'
Total caliper inches/feet of trees required to be replaced TBD by the
on site Design Review
Board and City
Council
Total caliper inches removed from the site 16"
Total feet removed from the site 90'
Total caliper inches proposed for mitigation 36"
Total feet proposed for mitigation 332'
Tree Replacement Calculations: The applicant is proposing to plant 83, 10-foot to 12-foot evergreen
trees to mitigate for the 90-feet and 16-inches of trees being removed from this site. See discussion on
page 9 for more information.
Staff defers comment regarding tree mitigation to the Design Review Board.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Stonehart Avenue and all internal streets within this
development.
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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 plan showing the streetlight locations and detailed lighting cutsheets were provided and comply with
Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2024-I9)has
been submitted for the approval of a subdivision entry monument sign for 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 City of Eagle 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.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Marathon Pipe Line
Y. LETTERS FROM THE PUBLIC:None received to date.
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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.
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:
Compact
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
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6.5.1 PARK LANE USES
G. The area located northwest of Linder Road and State Street intersection is designated as
compact residential to provide for apartments, town homes and patio homes, and
transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal
circulation is essential to the development of this area; a frontage road (Escalante Drive)
should be extended from Linder Road west to the intersection of Moon Valley Road and
State Highway 44. Uses should focus on Escalante Drive (not State Street) with berming
and wide setbacks to be used to buffer the residential uses from State Highway 44.Escalante
Drive should not be allowed to have front on housing.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.9 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the proposed and required landscape island and all common
areas throughout the development, 3) elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), and 4) useable amenities such as picnic tables, covered shelters, benches,
gazebos,and/or similar amenities(if proposed).The design review application shall be reviewed
and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal
of a final plat application.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal by the City Council)shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOPSAL:
5. Provide a revised fencing plan showing open style fencing located adjacent to the north property
line of Lot 20, Block 3. The revised fencing plan shall be submitted with the design review
application. (ECC 9-3-10)
6. Provide a revised streetlight plan showing streetlights at the following locations: 1) the corner of
North Cascade View Avenue and West Marble Street; 2) located in closer proximity to the
intersection of North Chrome Way and the proposed street within Mosscreek Subdivision No. 2;
and 3)at the pathway locations of where the pathways will intersect West Marble Street or North
Chrome Way. The revised streetlight plan shall be provided prior to submittal of a design review
application. (ECC 9-4-1-5)
12. 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. 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 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
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development will be required through project completion. (ECC 8-2A-7[E] and ECC 8-2A-18)
13. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
14. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 9-3-10.
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)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.
• Eagle City Code Section 8-2A-7(J)(4)(a):
Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be provided
with the following plants per one hundred (100) linear feet of right of way: four(4) shade trees,
five(5)evergreen trees,and twenty four(24) shrubs. Each required shade tree may be substituted
with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
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A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be
provided within the buffer area.The maximum slope for any berm shall be three feet(3')horizontal
distance to one foot(1')vertical distance.If a decorative block wall,cultured stone,decorative rock,
or similarly designed concrete wall is to be provided in combination with the berm,a four foot(4')
wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(J)(4)(c):
Any road designated as a principal arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)shall be provided
with the following plants per one hundred(100)linear feet of right of way: six(6)shade trees,ten
(10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2)flowering/ornamental trees, provided that not
more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet (3')
horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall not be permitted.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Tierpointe Subdivision,a 72-lot(66-buildable,6-common)residential subdivision. Street trees are
proposed along the lot frontages and along North Stonehart Avenue. Two pickleball courts and a
dog park are proposed within the central common area. A 228-square foot sewer lift station is
proposed at the southwest corner of the development and a 187-square foot mailbox structure is
proposed within the common area located near the entrance to the development on the south side
of West Sandy Creek Court. The applicant's justification letter describes the architectural style of
the sewer lift station and mailbox structure as Craftsman with wide overhanging eaves,long sloping
roof line, square and simple design,with wood materials and dark colors.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to 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, and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The applicant is proposing to remove the five trees located near the southeast corner of the
development. The landscape plan identifies the five trees as Spruce or Birch trees and indicates
the trees are unhealthy. Sheet L2, indicates several of the evergreen trees to be greater than 6-feet
to 7-feet in height and the Emerald City Tulip trees are proposed to be 2 1/2-caliper inches. With
the additional height and caliper inches of trees to be planted within the development,the applicant
is mitigating 332-feet and 36-caliper inches of trees which exceeds the 90-feet and 16-caliper inches
being removed from the site. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees
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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)(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 five trees and the proposed tree mitigation to
the Design Review Board.
If the City approves the removal of the trees and proposed mitigation, no additional trees are
required.
-OR-
If the City approves the removal of the trees and does not approve the proposed mitigation, the
applicant should be required to provide a revised landscape plan showing an additional 16-caliper
inches of tree(8,2-inch caliper deciduous trees)and 90-feet of tree(15,6-foot tall evergreen 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 not approve the propsoed mitigation, the
applicant may opt to pay an in lieu fee into the tree fund in the amount of$8,200.00 (16-caliper
inches x $175.00 per caliper inch and 90-vertical feet x $60.00). 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.
• There is an existing overhead utility line that comes from the south side of State Highway 44 and
runs north in the general location of the future North Stonehart Avenue. Pursuant to Eagle City
Code Section 8-2A-6(A)(5), utility service systems shall not detract from building or site design.
Cable, electrical, and telephone service systems shall be installed underground. The applicant
should be required to provide a revised site plan showing all overhead utilities crossing State
Highway 44 and in the future location of North Stonehart Avenue located underground and all
poles should be removed from the site. The revised site plan should be reviewed and approved by
staff prior to the submittal of a final plat application.
• The applicant is proposing a 4-foot high berm and 6-foot high fence within the buffer along State
Highway 44. The 6-foot high fence is a solid concrete fence by Petrified Forest. Pursuant to Eagle
City Code Section 8-2A-7-(J)(4)(c), a minimum ten foot (10') high, maximum twelve foot (12')
high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall,or combination thereof shall be provided within the buffer area. The maximum slope for any
berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot(4')wide flat area shall be provided for the placement of
the decorative wall. Chainlink, cedar,and similar high maintenance and/or unsightly fencing shall
not be permitted. Staff defers comment regarding the style of fence proposed on top of the berm
along State Highway 44 to the Design Review Board.
• The applicant is proposing a 6-foot high fence within the buffer along North Stonehart Avenue.
The 6-foot high fence is a solid concrete fence by petrified Forest. Pursuant to Eagle City Code
Section 8-2A-7-(J)(4)(a), a minimum five foot (5') high, maximum eight foot (8') high, berm,
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decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for any berm
shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in
combination with the berm,a four foot(4')wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted. Staff defers comment regarding the style of fence and landscaping proposed along
North Stonehart Avenue to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 23, 2024, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the applicant's landscape plan as submitted.
• The Board is in favor of the proposed tree mitigation the applicant has submitted.
BOARD DECISION:
The Board voted 3 to 0(Greer recused; Grubb,Duperault, and Murphy absent)to recommend approval of
DR-2024-18 for a design review application for the common area landscaping within Tirepointe
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 June 13,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 25,2024,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-18 for a design review application for the common area
landscaping within Tirepointe 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-09-22/RZ-12-22/PP-18-22.
2. The City approves the removal of the trees and proposed mitigation,no additional trees are required.
3. Provide a revised site plan showing all overhead utilities crossing State Highway 44 and in the future
location of North Stonehart Avenue located underground and all poles shall be removed from the site.
The revised site plan shall be reviewed and approved by staff prior to the submittal of a final plat
application.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
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this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a revised fencing plan showing the fencing proposed between Lot 9,Block 2 and Lot 8,Block
2 (the pickleball court) to be a 6-foot high wrought iron fence. The revised fencing plan shall be
reviewed and approved by staff prior to the submittal of a final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
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runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
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
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gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
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.
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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 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-2024-18) 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-6-DA(Residential with a development agreement in lieu of a PUD)zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 25th day of June 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Bra Pike,Mayor
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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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