Findings - DR - 2024 - DR-2024-46 - Eagle Point Commercial - Common Area Landscaping within Eagle Point Commercial BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN EAGLE POINT )
COMMERCIAL FOR LANDMARK PACIFIC )
INVESTORS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-46
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 24,2024. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Landmark Pacific Investors,LLC,represented by Andrew Newell with BAWCE,is requesting design
review approval for the common area landscaping within Eagle Point Commercial. The 2.84-acre site
is located on the northeast corner of West State Street and State Highway 44(Parcel Nos.S0507427890,
S0507427880,and S0507427860).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 6, 2024. Revised information
(landscape plan)was received October 9,2024.
C. NOTICE OF AGENCIES'REVIEW:
Requests for agencies' reviews were transmitted on August 20, 2024, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 3, 2015, the City Council approved a rezone from A (Agricultural), A-R (Agricultural-
Residential) and R-2-DA-P (Residential with a Development Agreement—PUD) to MU-DA (Mixed
Use with a Development Agreement in lieu of a PUD,including a height exception) at 9.93-dwelling
units/acre and preliminary plat approval for Predico Eagle Pointe Subdivision(RZ-06-14 and PP-08-
14).
On August 15, 2015, the Design Review Board approved the common area landscaping, seven (7)
apartment buildings,caretaker's unit, and a clubhouse within Predico Eagle Pointe Subdivision(DR-
62-14).
On June 28, 2016, the City Council approved a preliminary plat extension of time for Predico Eagle
Pointe Subdivision to be valid until June 9,2017(EXT-06-16).
On June 21,2017,the Zoning Administrator approved a lot line adjustment for Michael Wright(LLA-
07-17).
On August 24,2021,the City Council approved a rezone from MU-DA(Mixed Use with a development
agreement)to R-p-DA(Residential with a development agreement[in lieu of a PUD],and preliminary
plat for Kingfisher Cove Townhomes,a 72-lot(63-buildable,9-common)residential Subdivision(RZ-
06-14 MOD/RZ-14-20&PP-07-20).
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On January 25, 2022, the City Council approved a design review application for the common area
landscaping within Kingfisher Cove Townhomes Subdivision(DR-50-21).
On May 10, 2022, the City Council approved a design review application for the common area
structures (mailbox, pool equipment, pool restroom, and pool pavilion structures) within Kingfisher
Cove Townhomes Subdivision(DR-50-21 MOD).
On May 10, 2022, the City Council approved a design review application for eleven(11) townhome
buildings(63-units)within Kingfisher Cove Townhomes Subdivision(DR-50-21 MOD2).
On June 5, 2023, the City approved a design review application to modify the sidewalk along North
Elfin Way within Kingfisher Cove Townhomes Subdivision(DR-50-21 MOD3).
On June 13,2024,the City Council approved a final plat for Kingfisher Cove Townhomes Subdivision,
a 71-lot(63-buildable and 8-common)residential subdivision(FP-11-22).
On February 27,2024,the City Council approved a conditional use permit for a retail sales use within
a MU-DA(Mixed Use with a development agreement)zoning district(CU-07-23).
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Eagle Point Commercial
development agreement) lots
Proposed No Change No Change No Change
North of site Neighborhood R-2-DA-P(Residential with a Countryside Estates
Residential,Transition development agreement— Subdivision No.2
Overlay PUD)
South of site Industrial PS-DA(Public/Semi-public Eagle Sewer District
with a development
agreement)
East of site Mixed Use R-9-DA(Residential with a Kingfisher Cove
development agreement) Subdivision(townhomes)
West of site Neighborhood R-2-DA-P(Residential with a Countryside Estates
Residential,Transition development agreement— Subdivision No. 3
Overlay PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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J. SITE DATA:
Total Acreage of Site—2.84-acres
Total Number of Lots—3
Residential-0
Commercial—3
Industrial—0
Common—0
K. PARKING ANALYSIS: Parking will be reviewed with each commercial building design review
submittal.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:N/A
Height and Number of Stories of Proposed Buildings:N/A
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation:N/A
M. BUILDING DESIGN FEATURES:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West State Street and along North Elfin Way.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: Parking lot landscaping will be reviewed with each commercial building
design review submittal.
O. TRASH ENCLOSURES: Trash enclosure elevations and landscaping will be reviewed with each
commercial building design review submittal.
P. MECHANICAL UNITS: N/A
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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.
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V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
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.
Eagle Fire Department
Historic Preservation Commission
Idaho Department of Environment Quality
Idaho Transportation Department
Veolia
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;
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e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
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 DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable primarily for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined on
a site by site bases. Uses should complement and not take away from downtown Eagle. Development
within this land use designation should be required to proceed through the PUD and/or development
agreement process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:None.
C. 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-7(M): Parkway Strips, Separated Sidewalks,and Street Trees:
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall
be separated from the curb along all streets.An eight foot(8')wide minimum parkway planter
strip planted with shade class(class II)trees shall be required between the sidewalk and street
to provide a canopy effect over streets.
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2. In all required applications, excluding residential developments, one street tree,selected from
the approved tree list in subsection Q of this section,shall be planted per thirty five(35)linear
feet of street frontage.
D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within Eagle
Point Commercial. The common area consists of sod, irrigation, street trees, sidewalk along West
State Street and North Elfin Way, and historic streetlights. Staff defers comment regarding the
common area landscaping to the Design Review Board.
• The landscape plan shows a variety of street trees proposed along West State Street including
Spring Snow Crab Apple trees.Pursuant to Eagle City Code Section 8-2A-7(M),class II trees are
required between the sidewalk and street. The applicant should be required to provide a revised
landscape plan showing only Class II trees located within the parkway strip along West State Street.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to installation of the landscaping.
• The landscape plan shows an area south of the existing pathway along State Highway 44 with no
landscaping proposed. The residential development to the east which installed the pathway shows
sod proposed south of the pathway on their portion of the property.
Eagle Point Commercial SH-44 Frontage
1-
Kingfisher Cove Townhome Subdivision SH-44 Frontage
c
The applicant should be required to provide a revised landscape plan showing sod proposed south
of the pathway to within 9-feet of edge of pavement. The revised plan should show gravel within
nine feet (9') of the edge of pavement along State Highway 44 as approved by ITD. The area
between edge of pavement should be kept clear of weeds and debris and maintained by the adjacent
property.The revised landscape plan should be reviewed and approved by staff prior to installation
of the landscaping.
• The landscape plan shows Honeylocust trees proposed along the internal street. Kingfisher Cove
Townhome Subdivision installed a portion of the street to provide access to residential lots to the
east and installed a portion of the street trees which are Sterling Silver Linden trees.
Eagle Point Commercial Internal Street Landscaping
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Kingfisher Cove Townhome Subdivision Internal Street Landscaping
A Vie.
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/,�I. I TILIA TOMENTOSA'STERLING'/STERLING 2"CAL.
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sr SILVER LINDEN
The applicant should be required to provide a revised landscape plan showing the street trees along
the internal street to be Sterling Silver Linden trees.The revised landscape plan should be reviewed
and approved by staff prior to installation of the landscaping.
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 October 24, 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 common area landscaping within the site specific conditions of approval.
BOARD DECISION:
The Board voted 6 to 0 (Lindgren absent) to recommend approval of DR-2024-46 for a design review
application for the common area landscaping within Eagle Point Commercial, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text shown with
underline to be added by the Board and all text shown with strike through to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-06-14 MOD.
2. Provide a revised landscape plan showing all Class I trees to be modified to et Class II trees located
within the parkway strip along West State Street. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to installation of the landscaping.
3. Provide a revised landscape plan showing sod proposed south of the pathway to within 9-feet of edge
of pavement. The revised plan shall show gravel within nine feet(9') of the edge of pavement along
State Highway 44 as approved by ITD.The area between edge of pavement shall be kept clear of weeds
and debris and maintained by the adjacent property. The revised landscape plan shall be reviewed and
approved by staff prior to installation of the landscaping.
4. Provide a revised landscape plan showing the street trees along the internal street to be Sterling Silver
Linden trees. The revised landscape plan shall be reviewed and approved by staff prior to installation
of the landscaping.
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5. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project,prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. 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 and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
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8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including,but not limited to,landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects,shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
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26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-46) 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 MU-DA(Mixed Use 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.
Page 11 of 12
K:\Planning Dept\Eagle Applications\Dr\2024\Eagle Point Commercial Landscape DR-2024-46\Fagle Point Commercial LS Findings DR.docx
DATED this 14th day of November 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Ater Li tr
-n,Chairman
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Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2024\Eagle Point Commercial Landscape DR-2024-06\Eagle Point Commercial LS Findings DR.docx
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