Findings - CC - 2024 - DR-2024-41 - Design Review for the Common Area Landscaping within River Birch Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN RIVER BIRCH )
SUBDIVISION FOR WALSH GROUP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-41
The above-entitled design review application came before the Eagle City Council for their action on
November 12,2024. 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:
Walsh Group, represented by Connor Lindstrom with KM Engineering, LLP, is requesting design
review approval for the common area landscaping within River Birch Subdivision (fka Flats Sixteen
Subdivision). The 26.18-acre site is located on the west side of State Highway 16 approximately 1,290-
feet north of the intersection of West Beacon Light Road and State Highway 16 at 3701 and 3703 North
Highway 16.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 26, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 8, 2024, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18,2007,the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement)for CHM
Development(A-04-07/RZ-04-07).
On March 12, 2024,the City Council approved a development agreement modification (development
agreement in lieu of a PUD) and preliminary plat for Flats Sixteen Subdivision, a 109-lot [59 single-
family, 35 single-family attached], 1-commercial, 14-common) mixed use subdivision (RZ-04-07
MOD/PP-01-22).
E. COMPANION APPLICATIONS: DR-2024-42(signage),DR-2024-43 (townhomes).
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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 One(1)Existing Winery and
development agreement) Residential Subdivision
Proposed No Change No Change One(1)Existing Winery and
Residential Subdivision
•
North of site Large Lot with a RUT(Rural-Urban Transition Single Family Residence
Transition Overlay —Ada County designation) with Agricultural Land
South of site Estate Rural R2(Low Density Residential Golf Course and Residential
Residential(City of Zone—Ada County Subdivision.
Star designation) designation) (Trellis Subdivision)
East of site Large Lot with a RUT(Rural-Urban Transition Single Family Residence
(northern Transition Overlay —Ada County designation) with Agricultural Land
portion)
East of site Compact with a MU-DA(Mixed Use with a Mixed Use Planned Unit
(southern Transition Overlay development agreement) Development(Terra View
portion) Subdivision)
West of site Estate Rural R2 (Low Density Residential Golf Course
Residential(City of Zone—Ada County
Star designation) designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site has one existing winery(commercial lot)and existing trees that will be protect and retained or
are proposed to be removed.
J. SITE DATA:
Total Acreage of Site—31.16-acres
Total Acreage of Residential—26.08-acres
Total Acreage of Commercial—5.08-acres
Total Number of Lots— 109
Residential—94
Commercial— 1
Industrial—0
Common— 14
Total Number of Units—
Single-family—59
Single-family attached—35
Two-family—0
Multi-family—0
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Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
3.59-units per acre 3.59-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 3,000-square feet 5,000-square feet(minimum)
Minimum Lot Width 25-feet 50-feet(minimum)
Minimum Street or Alley Frontage 25-feet 20-feet(minimum)
35-feet(minimum)
Total Acreage of Common Area 8.22-acres 5.23-acres(minimum)
Percent of Site as Common Area 31.4% 20%(minimum)
Percent of Common Area Open Space as 81.1%(6.67-acres) 15%(minimum)(1.05-acres)
Active Open Space
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 75-foot-wide landscape buffer between State Highway 16 and the
residential portion of the development. The proposed width of the buffer area is in conformance with
Eagle City Code section 8-2A-7(J)(4)(c).
Common Area Open Space:
A total of 8.22-acres,approximately 31.4%of open space, is proposed within the residential portion of
the subdivision.Approximately 6.67-acres(81.1%)of the proposed open space is"Open Space,Active"
as defined by Eagle City Code Section 9-1-6. The applicant has indicted within the narrative, date
stamped by the City on August 23, 2023,the open space common lots will contain a tot lot, large dog
park,plaza area with a grassy field for private events,nature areas,and approximately two(2)miles of
trails throughout the development.
Commercial Area:
The development will contain a commercial lot approximately five (5) acres in size. The preliminary
plat, date stamped by the City on December 7, 2023, shows the commercial lot with a restaurant, two
(2) banquet event space buildings, storage building, storage restrooms, existing pavilion, and an
existing pond.
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.The proposed
easement widths are in conformance with Eagle City Code.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the joint Middleton and Star Fire Protection
District. The water system will be an extension of the Star Sewer and Water District's water system.
On-site Septic System:
The site contains an existing residential dwelling and commercial buildings which utilize septic
systems. The applicant will be required to provide proof indicating the septic systems have been
abandoned.
Preservation of Existing Natural Features:
There are a few mature trees located in proximity to the existing dwelling and the southern portion of
the site. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community(such as trees,watercourses,
historic spots and similar irreplaceable assets)shall be preserved in the design of the subdivision.
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.
L. BUILDING DESIGN FEATURES:
Picnic Shelter
Roof: Metal(Black)
Columns: Wood(Cocoon SW 6173), stone(Birch Grove)
Downspouts/Gutters: Metal(Cocoon SW 6173)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 163 existing trees on the site. The
applicant is proposing to remove 149-trees and preserve and protect 14-trees.
Tree Specie/ Caliper/He Condition Remove/ Replacement
#on inventory plan fight Retained Inches/Feet
per ECC
Honey Locust(Gleditsia 12" Good Remove 12"
Triacanthos) 13" Fair Remove TBD
1,2, 4, 5 12" Poor Remove TBD
11" Good Remove 11"
Callery Pear 10" Poor Remove TBD
(Pyrus Calleryana) 6„ Dead Remove 0"
3, 84,
Austrian Pine 25' Good Retain N/A
(Pinus Nigra)
Red Pine 30' Good Remove 30'
(Pinus Resinosa) 30' Good Remove 30'
7, 8, 13-19,25,31, 133, 30' Fair Remove TBD
158-161, 163
30' Fair Remove TBD
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30' Fair Remove TBD
30' Fair Remove TBD
30' Fair Remove TBD
30' Fair Remove TBD
20' Poor Remove TBD
30' Good Retain N/A
30' Poor Retain N/A
25' Poor Remove TBD
30' Good Retain N/A
30' Good Retain N/A
30' Good Retain N/A
30' Good Retain N/A
25' Fair Retain N/A
Cherry Plum 14" Fair Remove TBD
(Prunus Cerasifer)
Siberian Elm 8" Fair Remove TBD (undesirable)
(Ulmus Pumila) 8" Fair Remove TBD(undesirable)
20, 32-78, 80-82, 85-90, 5" Poor Remove TBD (undesirable)
126, 146-147, 151,
6" Poor Remove TBD(undesirable)
6" Poor Remove TBD(undesirable)
5" Dead Remove 0"
7" Dead Remove 0"
6" Poor Remove TBD (undesirable)
6" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
6" Poor Remove TBD (undesirable)
5" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
5" Poor Remove TBD(undesirable)
6" Poor Remove TBD (undesirable)
5" Poor Remove TBD (undesirable)
8" Poor Remove TBD(undesirable)
5" Dead Remove 0"
4" Dead Remove 0"
8" Poor Remove TBD(undesirable)
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5" Poor Remove TBD(undesirable)
7" Poor Remove TBD(undesirable)
6" Poor Remove TBD(undesirable)
6" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
6" Poor Remove TBD(undesirable)
4" Poor Remove TBD(undesirable)
4" Poor Remove TBD(undesirable)
6" Poor Remove TBD (undesirable)
4" Poor Remove TBD(undesirable)
6" Poor Remove TBD(undesirable)
4" Poor Remove TBD (undesirable)
4" Poor Remove TBD (undesirable)
5" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
5" Poor Remove TBD(undesirable)
6" Poor Remove TBD(undesirable)
4" Poor Remove TBD (undesirable)
6" Poor Remove TBD(undesirable)
5" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
7" Poor Remove TBD(undesirable)
4" Poor Remove TBD (undesirable)
7" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
6" Poor Remove TBD(undesirable)
5" Poor Remove TBD(undesirable)
6" Poor Remove TBD (undesirable)
7" Poor Remove TBD(undesirable)
6" Poor Remove TBD (undesirable)
4" Dead Remove 0"
7" Poor Remove TBD (undesirable)
8" Poor Remove TBD(undesirable)
6" Poor Remove TBD (undesirable)
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6" Poor Remove TBD(undesirable)
5" Poor Remove TBD(undesirable)
6" Poor Remove TBD(undesirable)
7" Fair Remove TBD(undesirable)
9" Poor Remove TBD(undesirable)
7" Poor Remove TBD(undesirable)
8" Poor Remove TBD(undesirable)
Sugar Maple 10" Fair Remove TBD
(Acer Saccharum) 7" Poor Remove TBD
10-12,92-94, 9" Fair Remove TBD
5" Poor Remove TBD
4" Poor Remove TBD
4" Dead Remove 0"
Blue Spruce 10' Fair Remove TBD
(Picea Pungens) 10' Fair Remove TBD
21-24, 26-29, 111-112, 10' Fair Remove TBD
156
10' Fair Remove TBD
10' Dead Remove 0'
10' Dead Remove 0'
10' Fair Remove TBD
10' Dead Remove 0'
25' Good Retain N/A
25' Good Retain N/A
96' Fair/Poor Remove TBD
Douglas Fir 25' Fair Retain N/A
(Pseudotsuga Menziesii)
30
Black Cottonwood 6" Fair Remove TBD(undesirable)
(Populus Trichocarpa) 16" Dead Remove 0'
79,95-106, 117-125, 127, 14" Dead Remove 0'
131-132, 134, 136-137,
155 5" Poor Remove TBD(undesirable)
8" Poor Remove TBD (undesirable)
4" Poor Remove TBD(undesirable)
4" Dead Remove 0"
8" Dead Remove 0"
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4" Dead Remove 0"
9" Dead Remove 0"
9" Dead Remove 0"
12" Dead Remove 0"
22" Poor Remove TBD (undesirable)
22" Poor Remove TBD(undesirable)
18" Poor Remove TBD(undesirable)
16" Dead Remove 0"
16" Dead Remove 0"
12" Dead Remove 0"
15" Poor Remove TBD(undesirable)
13" Poor Remove TBD (undesirable)
12" Dead Remove 0"
6" Fair Remove TBD(undesirable)
30" Poor/Dead Remove 0"
75" Poor/Dead Remove 0"
5" Dead Remove 0"
33" Poor/Dead Remove 0"
5" Poor Remove TBD (undesirable)
86" Poor/Dead Remove 0"
Apricot 7" Poor Remove TBD
(Prunus Armeniaca)
83
Spruce(Picea) 25' Dead Remove 0'
91
Pin Oak 10" Good Remove 10"
(Quercus Ellipsoidalis) 9" Good Remove 9"
107-108
Quaking Aspen 8" Fair Remove TBD
(Populus Tremuloides) 5» Fair Remove TBD
109-110
Norway Maple 15" Poor Remove TBD
(Acer Platanoides)
113
Black Locust 15" Poor Remove TBD(undesirable)
(Robinia Pseudoacacia) 12" Poor Remove TBD (undesirable)
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114-115, 135 6" Poor Remove TBD (undesirable)
Silver Maple 9" Good Remove TBD (undesirable)
(Acer Paccharinum)
116
Ash(Fraxinus) 8" Poor Retain TBD
129-130 4" Poor Retain TBD
Scotch Pine 25' Poor Remove TBD
(Pinus Sylvestris) 20' Poor Remove TBD
138, 141
Black Locust 118" Poor/Dead Remove 0"
(Robinia Pseudoacacia) 59" Poor/Dead Remove 0"
139-140, 142-145, 148- 6" Poor Remove TBD (undesirable)
150, 152-154,
7" Poor Remove TBD(undesirable)
7" Poor Remove TBD (undesirable)
7" Poor Remove TBD (undesirable)
130" Poor/Dead Remove 0"
6" Poor Remove TBD (undesirable)
6" Poor Remove TBD (undesirable)
115" Poor/Dead Remove 0"
24" Poor/Dead Remove 0"
34" Poor/Dead Remove 0"
Serbian Spruce 45' Fair/Poor Remove TBD
(Picea Omorika)
157
Apple(Malus) 11" Fair Retain N/A
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site 1,681"
Good—42"
Good [undesirable]
—9"
Fair—52"
Fair[undesirable]
—35"
Poor—665"
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Dead—878"
Total height removed from the site 516'
Good—60'
Fair—230'
Poor— 171'
Dead—55'
Total caliper inches proposed for mitigation 64"
Total height proposed for mitigation 114'
Tree Replacement Calculations: The applicant is proposing to plant 32,2"caliper deciduous trees and
19, 6-foot-tall conifer trees towards mitigation. See discussion on page 16 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along State Highway 16 (behind the pathway)and all internal
streets within the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
A streetlight plan showing the location, height, style, illumination type, and wattage was received and
complies with Eagle City Code Section 8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2024-42) has
been submitted for the approval of signs proposed for the subdivision.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Star Fire Department has not been received by the City. The site is
located within Star Water service area and within the boundaries of the Star Sewer District.
S. PUBLIC USES PROPOSED:None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern- none
Evidence of Erosion-no
Fish Habitat-no
Floodplain—yes—northern portion of the site.
Mature Trees—yes—northern portion of the site, commercial area, and in proximity to the existing
dwelling
Riparian Vegetation-no
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Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat—yes—existing trees
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC:None received to date.
Y. 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;
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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:
Mixed Use
Suitable for a mixture of uses include 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 don't 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:
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all private alleys, community
and privately owned landscaping,pressurized irrigation facilities, and amenities. The owner
shall provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the homeowner's association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D).All other fencing(i.e. dog-eared cedar fencing,chainlink)shall be prohibited.
3.9 Owner shall provide and construct all pathways as shown on the Flats Sixteen Pathways and
Trails Plan (Exhibit D). The pathways shall be constructed to the City Standards for Concrete
Pathways or the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-
4-2-2 associated with the estimated construction cost of the pathways to guarantee completion
prior to the City Clerk signing the final plat, notwithstanding the foregoing, the pathways shall
be constructed prior to the issuance of any building permits associated with the respective phase.
The specific location and design of the pathways shall be approved by the Design Review Board
and City Council prior to submittal of a final plat application.
3.9.1 The ten-foot-wide concrete pathway located adjacent to State Highway 16 shall be located
within a 25-foot wide public access easement. The easement shall be recorded within one
(1)year of execution of the development agreement, and the instrument number shall be
referenced as a plat note on the final plat.
3.9.2 The eight-foot-wide located internally to the subdivision shall be located within a 16-foot-
wide public access easement. The easement shall be recorded, and the instrument number
shall be referenced as a plat note on the final plat.
3.11 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
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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 the first final plat.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
8. The developer shall provide a detailed arborist report and a tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application.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.No trees shall be removed
from the site prior to city approval of a tree removal and replacement plan.
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).
17. The applicant shall provide a copy of a professional survey of the site demonstrating that all non-
access site design features(including residential dwelling units)do not encroach on any ITD Right-
of-Way(Ada County instrument number 433443) or any ITD easements(Ada County instrument
number 137341 and 137351). The professional survey shall be provided prior to submittal of a
design review application.If ITD determines that the non-access site design features encroach into
the ITD Right-of-Way or ITD easements, the applicant shall provide a revised preliminary plat
showing all non-access site design features located outside of the ITD Right-of-Way and ITD
easements prior to submittal of a design review application.
18. All access points; road and stub street locations shall be approved by ACHD and ITD prior to
submittal of a final plat application.
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:
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): 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.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased,
insect infested,or containing similar maladies may be exempt from replacement if removal
is first approved by the city.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
3. Damage During Construction:Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this
section.
• Eagle City Code Section 8-2A-7(0):
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;
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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
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.
3. Tree Fund:Persons applying for an alternative method of compliance for relief from regulations
that require all existing trees to remain on site may elect to make a financial contribution to the
Eagle city tree fund in lieu of retaining all trees on site. The condition(s)which warrants the
need for the tree fund alternate method of compliance shall be specified in the application
submitted under subsection 02 of this section. If the application is approved,the amount to be
contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)
removed from the site and the total vertical feet of coniferous trees removed from the site.Cost
per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance,without prejudice, in accordance with subsection 02 of this section.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material,unless the fence is located on the property line between the required roadway buffer area
and the residential lot,in which case the fence may be a solid wood picture frame or premium vinyl
picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence
is visible from the adjacent roadway, then the fence shall include decorative columns spaced a
maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed
as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A
section within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within River
Birch Subdivision, a 109-lot [59 single-family, 35 single-family attached], 1-commercial, 14-
common)mixed use subdivision. Street trees are proposed along the lot frontages and along State
Highway 16. Amenities include pathways within the common areas, two pickleball courts and a
dog park within the northern common area, a tot lot and picnic shelter within the central common
area, and buffer along State Highway 16. Staff defers comment regarding the common area
landscaping to the Design Review Board.
• The fencing plan shows solid fencing on the north property line of Lot 19,Block 2,and the adjacent
common area. Pursuant to Eagle City Code Section 9-3-10, fencing located adjacent to a common
area and on the street side of all corner lots is required to be open style fencing.
6' HEIGHT PRIVACY FENCE, SEE L8.0-31.
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The applicant should be required to provide a revised fencing plan showing the fencing located on
the north property line between Lot 19, Block 2, and the common area to be open style fencing.
The revised fencing plan should be reviewed and approved by staff prior to submittal of a final plat
application.
• The fencing plan shows 6-foot tall vinyl fencing proposed on the rear lot lines of residential lots
between the residential lots and the common area buffer along State Highway 16. The fencing is
not visible from State Highway 16; therefore, columns are not required. Pursuant to Eagle City
Code Section 8-2A-6(B)(3), decorative vinyl fencing may be permitted if the City determines the
style of fence proposed is complementary to the overall site. Staff defers comment regarding the
vinyl fencing to the Design Review Board.
• The fencing plan shows a black powder coated chain link fence around the two pickle ball courts.
Pursuant to Eagle City Code Section 8-2A-6(B)(3)(3),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. Pursuant to past action by the Eagle
Design Review Board and City Council, powder coated chain link fencing has been permitted to
be used around sports courts. Staff defers comment regarding the use of powder coated chain link
fencing around the pickleball court to the Design Review Board.
• The applicant is proposing to retain 14-trees and remove 149-trees from the site.The tree inventory
plan indicates 143-trees are in fair/poor/dead condition or are undesirable trees and 6-trees are in
good condition (42-caliper inches, 60-feet [conifer]). The applicant is proposing to add 32, 2"
caliper deciduous trees and 19, 6-foot-tall conifer trees above code requirements for mitigation of
the trees. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to be
retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code
Section 8-2A-7(C)(2)(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 149-trees and the proposed tree mitigation to
the Design Review Board.
If the City approves the removal of the trees and proposed mitigation for the good/desirable trees,
no additional trees are required.
-OR-
If the City approves the removal of the trees,does not approve the proposed mitigation,and requires
mitigation for good/fair desirable trees, the applicant should be required to provide a revised
landscape plan showing an additional 30-caliper inches of tree(15,2-inch caliper deciduous trees)
and 176-feet of tree (29, 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 proposed mitigation, the
applicant may opt to pay an in lieu fee into the tree fund in the amount of$15,810.00 (30-caliper
inches x $175.00 per caliper inch and 176-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.
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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 10, 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 proposed common area landscaping.
• The Board is in favor of the landscape berm cross sections for the State Highway 16 buffer area, date
stamped by the City on October 10,2024, showing the northernmost portion of the berm 10-feet from
the grade of the pickleball courts and increasing to 10-feet from the center line of State Highway 16
located where the residential lots start.The grade where the pickleball courts are located is much lower
and a 10-foot tall berm from the centerline of the highway in this location would create an 18.5-foot
tall buffer from the courts.
• The Board is in favor of the proposed tree removal and mitigation for the good and fair trees.
BOARD DECISION:
The Board voted 4 to 0 (Greer, Mihan, and Murphy absent)to recommend approval of DR-2024-41 for a
design review application for the common area landscaping within River Birch 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 October 24,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on November 12, 2024, at
which time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-41 for a design review application for the common area
landscaping within River Birch 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 RZ-04-07 MOD/PP-01-22.
2. Provide a revised fencing plan showing the fencing located on the north property line between Lot 15,
Block 2,and the common area to be open style fencing.The revised fencing plan shall be reviewed and
approved by staff prior to submittal of a final plat application.
3. The City approves the removal of the trees and proposed mitigation as shown on the tree mitigation
plan,date stamped by the City on October 10,2024,for the good/desirable trees,no additional trees are
required.
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
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
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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 notarized affidavit from the owners of 3705 North Highway 16 (commercial lot) for the
improvements shown along State Highway 16 (sod, irrigation, street trees, and pathway) prior to
submittal of a final plat application.
12. The revised fencing plan,date stamped by the City on October 10, 2024, is approved.
13. The revised cross sections, date stamped by the City on October 10, 2024, showing the northern most
portion of the berm 10-feet from the grade of the pickleball courts and increasing to a 10-foot-high
berm from the center line of State Highway 16 located where the residential lots are located 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.
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The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
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."
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b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
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
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other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-41) 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 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
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I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 12th day of November 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Bra e,May
AT EST: EA
'.1 64
racy E. orn, agle City Clerk SEAL v
•1 •
t,O F 19'
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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