Findings - CC - 2024 - DR-2024-31 - Design Review for the Common Area Landscaping Within Northern Lights Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING WITHIN )
NORTHERN LIGHTS SUBDIVISION FOR )
KATHLEEN AND SCOTT HENDRICKS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-31
The above-entitled design review application came before the Eagle City Council for their action on July
23, 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:
Kathleen and Scott Hendricks, represented by Stephanie Hopkins with KM Engineering, LLP, is
requesting design review approval of the common area landscaping within Northern Lights
Subdivision. The 4.53-acre site is located on the southeast corner of North Rocket Bar Road and East
Beacon Light Road at 2636 North Rocket Bar Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 4, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on June 13,2024,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 14, 2024, the Eagle City Council approved a rezone from A-R(Agricultural-Residential) to
R-E-DA(Residential-Estates with a development agreement[in lieu of a conditional use permit])(RZ-
09-23 &PP-06-23).
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 and A-R(Agricultural- Single-family residence
Floodway Residential) and pasture
Proposed No Change R-E-DA(Residential-Estates Residential subdivision
with Development Agreement
[in lieu of a Conditional Use
Permit])
North of site Agriculture/Rural and RUT(Residential—Ada Single-family residential
Floodway County designation) subdivision(Triple Ridge
Estates Subdivision)
South of site Estate Residential and A-R(Agricultural- Single-family residential
Floodway Residential) subdivision(Rocket Bar
Subdivision)
East of site Estate Residential R-E(Residential-Estates) Two(2)single-family
residential subdivisions
(Rocket Bar and Bogus
Ridge Subdivisions)
West of site Estate Residential and A-R(Agricultural- Single-family residential
Floodway Residential) subdivision(Rocket Bar
Subdivision)
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 single family dwelling located in the southern portion of the site. There are
numerous trees located around the existing dwelling and at the northern area of the site.
J. SITE DATA:
Total Acreage of Site—4.52-acres
Total Number of Lots—2
Residential—2
Commercial—0
Industrial—0
Common—0
Total Number of Units—2
Single-family—2
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .44-units per acre .50-units per acre maximum
Minimum Lot Size 1.81-acres 1.80-acres(minimum)
Minimum Lot Width 306-feet 100-feet(minimum)
Minimum Street Frontage 306-feet 35-feet(minimum)
Total Acreage of Common Area 0-acres 0-acres
Percent of Site as Common Area 0% 0%
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
Because this subdivision is proposed to be located within an R-E(Residential-Estates)zoning district,
a minimum amount of open space is not required,and none is proposed.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10-feet wide.
Fire Hydrants and Water Mains:
The lots within the subdivision are proposed to be served by individual wells.
On-site Septic System(yes or no)—Yes
Pressurized Irrigation:
See attached,"Northern Lights Subdivision,Eagle,Idaho—Pressure Irrigation Report Supplement."
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing dwelling and in proximity to the
north property line adjacent to East Beacon Light Road. The existing trees will be maintained at their
current locations.
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:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are eleven trees located on the site. All
eleven trees are proposed to be retained and protected.
Tree Replacement Calculations:N/A
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Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Rocket Bar Road.
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:N/A
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of signs proposed 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 the 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:None.
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;
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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:
6.3 Land Use Designations
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
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B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 The conditions,covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing located adjacent to a street be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type decorative
fencing.All other fencing(i.e.: cedar fencing,chainlink) shall be prohibited.
C. PRELIMINARY PLAT PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
5. The applicant shall submit an alternative method of compliance with the design review application
to address the required buffer area located adjacent to East Beacon Light Road. The design review
application shall be evaluated by the Design Review Board and City Council prior to submittal of
a final plat application.
8. All living trees shall be preserved,unless otherwise determined by the Design Review Board and
the City Council.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 City Council)shall be provided for
City Council final 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.
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. 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 development will be required through project completion.
11.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.
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• Eagle City Code Section 8-2A-6(B)(3): Fences:
a. Block(with columns),which may include brick,rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted
for use on school sites.
• Eagle City Code Section 8-2A-7(C)(5):
Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J)(4)(b):
Any road designated as a minor arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of fifty feet(50')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:five(5)shade trees,eight(8)
evergreen trees, three (3) 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 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(0): Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.Requests
for use of alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
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which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Northern Lights Subdivision, a 2-lot (2-buildable) residential subdivision. There is an existing
single family dwelling located in the southern portion of the site that will be located on the future
southern lot. There are existing trees located along North Rocket Bar Road in front of the future
southern lot and there are existing trees located at the northern portion of the site near East Beacon
Light Road. The property has approximately 68-linear feet of frontage along East Beacon Light
Road, where there is a 30-foot wide Farmers Union Canal Easement and a 20-foot wide public
utility easement. Pursuant to Eagle City Code,a 50-foot wide landscape buffer is required adjacent
to East Beacon Light Road which is classified as a minor arterial. The applicant is requesting an
alternative method of compliance for the required buffer along East Beacon Light Road due to the
small size of property available and the existing vegetation. The applicant is proposing to retain
the existing trees located at the northern portion of the site adjacent to East Beacon Light Road and
install street trees and landscaping along North Rocket Bar Road. In keeping with the character of
the area,the applicant is proposing to keep the three-rail wood fence that exists around the property.
Staff defers comment regarding the alternative method of compliance and proposed landscaping 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 June 27, 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 alternative method of compliance as addressed in site specific condition
no. 3.
BOARD DECISION:
The Board voted 5 to 0(Sayer absent)to recommend approval DR-2024-31 for a design review application
for the common area landscaping within Northern Lights 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 July 11,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 23,2024,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-31 for a design review application for the common area
landscaping within Northern Lights Subdivision, including the streetscape in front of an existing single-
family dwelling, with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-09-23 &PP-06-23.
2. No signs are proposed with this application and none are approved.
3. No significant grading or fill shall be completed or placed within the dripline of the existing trees,
located adjacent to East Beacon Light Road.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
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been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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.
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14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
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
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K:\Planning Dept\Eagle Applications\Dr\2024\Northern Nights Common Area Landscaping DR-2024-31INorthern Lights Findings CC docx
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-2024-31) 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 A-R(Agricultural-Residential)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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K:\Planning Dept\Eagle Applications\Dr\2024\Norther Nights Common Area Landscaping DR-2024-31\Northem Lights Findings CC.docx
DATED this 23`d day of Jully 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
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ATT ST: ••��fir. ..C� ',•,
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Tracy E. Os agle City Clem AI- �
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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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