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Findings - CC - 2025 - DR-2025-02 - Tierpointe Sub No. 2 Common Area LandscapingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA LANDSCAPING WITHIN
TIERPOINTE SUBDIVISION NO.2 FOR TALL
TIMBER CONSULTING
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2025-02
The above -entitled design review application came before the Eagle City Council for their action on March
25, 2025. 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:
Tall Timber Consulting, represented by Dave Yorgason, is requesting design review approval of the
common area landscaping, pool house, pool, and cluster mailbox structure within Tierpointe
Subdivision No. 2. The 23.25-acre site is located on the north side of State Highway 44 approximately
1,850-feet west of the intersection of State Highway 44 and North Linder Road at 5800 West State
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 13, 2025.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 29, 2025, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 11, 2023, the Eagle City Council approved an annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-6-DA (Residential with a development agreement [in lieu
of a PUD]), and preliminary plat application for Tierpointe Subdivision No. 2 (&a Brookstone
Subdivision) (A-10-22/RZ-13-22/PP-19-22).
E. COMPANION APPLICATIONS: DR-2025-03 (subdivision entry monument sign application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Compact Residential
RUT (Residential — Ada
Agriculture
County designation)
Proposed
No Change
R-6-DA (Residential with a
Single-family residential
Development Agreement [in
subdivision
lieu of a PUD)
North of site
Compact Residential
R-5-DA-P (Residential with a
Single-family residential
development agreement-
subdivision (Mosscreek
PUD)
Subdivision)
South of site
Neighborhood
R-3-DA-P (Residential with a
State Highway 44 and a
Residential
development agreement-
single-family residential
PUD)
subdivision (Bald Eagle
Pointe Subdivision)
East of site
Compact Residential
MU-DA (Mixed Use with a
Single-family residential
development agreement [in
subdivision (Eaglefield
lieu of a PUD])
Village Subdivision)
West of site
Compact Residential
R-5-DA-P (Residential with a
Single-family residential
development agreement-
subdivision (Mosscreek
PUD) and RUT (Residential —
Subdivision future phase)
Ada County designation)
and a single-family
residence, agriculture
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is not located within the DDA, TDA, CEDA, or DSDA overlay districts.
H. URBAN RENEWAL DISTRICT:
This site is not located within the urban renewal district.
I. EXISTING SITE CHARACTERISTICS:
The site is undeveloped and has been used for agricultural use.
J. SITE DATA:
Total Acreage of Site — 23.28-acres
Total Number of Lots —113
Residential — 97
Commercial — 0
Industrial — 0
Common —16
Total Number of Units — 97
Single-family — 53
Single-family attached — 44 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
4.17-units per acre
4.17-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size
3,893-square feet (single-family
1,600-square feet (minimum
attached dwelling)
for single-family attached
5,060-square feet (single-family
dwelling lots) and 5,000-
detached dwelling)
square feet (minimum for
single-family detached
dwelling lots)
Minimum Lot Width
35-feet (single-family attached
20-feet (minimum single -
dwelling lots)
family attached dwelling lots)
44-feet (single-family detached
50-feet (minimum single -
dwelling lots)
family detached dwelling lots)
Minimum Street Frontage
35-feet
35-feet (minimum)
Total Acreage of Common Area
11.37-acres
4.66-acres (minimum)
Percent of Site as Common Area
48.8%
20% (minimum)
Percent of Common Area Open
23% (2.62-acres)
15% (minimum)(1.71-acres)
Space as Active Open Space
K. PARKING ANALYSIS:
No parking is required for the common area landscaping.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct three (3) buildings: one pool house, one pump house, and one
mailbox structure.
Height and Number of Stories of Proposed Buildings:
Pool House — 21' 1"
Pump House —12' 11"
Mailbox Structure —14' 9'/4"
Gross Floor Area of Proposed Buildings:
Pool House — 920-square feet
Pump House — 160-square feet
Mailbox Structure — 182-square feet
On and Off -Site Circulation:
A 2,400-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 24-foot wide driveway is located on the east property line providing access to North Tempsford
Way.
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M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof Asphalt Shingles (Charcoal Black), Metal (Charcoal Black)
Walls: Board and Batt (Alabaster — SW 7008), Cultured Stone (Honeycreek Ashlar),
Windows/Doors: Vinyl Windows (Black), Metal Doors (Alabaster — SW 7008)
Fascia/Trim: Siding (Alabaster — SW 7008)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There numerous existing trees on this site.
There are two stands of trees consisting of poplar and black locust trees and there are four individual
black locust trees. The applicant is proposing to remove all trees from the site.
Below is a list identifying the trees to be removed by species, size, condition, and required replacement
inches as identified on the arborist report, date stamped by the City on January 13, 20225.
Replacement
#
Common
Caliper
Condition
Status
Inches
Name
Inches
Per ECC
Black
I
Locust
6"
Poor
Remove
N/A
2
Black
3"
Poor
Remove
N/A
Locust
3
Black
6"
Poor
Remove
N/A
Locust
4
Black
3"
Poor
Remove
N/A
Locust
Stand
Luaus
2" — 30"
Poor
Remove
N/A
Locust
Stand
Poplar
1" — 6"
Poor
Remove
N/A
TBD by the
Design
Total caliper inches of tree required to be replaced on site
Review
Board and
City Council
Total caliper inches removed from the site.
1819
Note: Undesirable is Black Locust and Poplar
(undesirable)
Tree Replacement Calculations:
The applicant is proposing to remove four trees from the site, including two stands of poplar and black
locust trees. The applicant is not proposing any tree mitigation. See page 10 for more information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along all internal streets within the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 0% interior landscaping is required, 15% is proposed.
O. TRASH ENCLOSURES:
No trash enclosure is proposed with this application.
P. MECHANICAL UNITS:
All mechanical units are proposed to be located within the pool house building. No exterior ground
mounted mechanical units are proposed and none are approved.
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 (DR-2025-03) has
been submitted for the approval of a subdivision entry monument sign for this development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within City of Eagle Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
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X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC: None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates
this site as the following:
Compact
Suitable for single family residential, row houses, duplex and four-plexes. Densities
range from 4 units per acre to 8 units per acre.
6.5.1 PARK LANE USES
G. The area located northwest of Linder Road and State Street intersection is designated as
compact residential to provide for apartments, town homes and patio homes, and
transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal
circulation is essential to the development of this area; a frontage road (Escalante Drive)
should be extended from Linder Road west to the intersection of Moon Valley Road and
State Highway 44. Uses should focus on Escalante Drive (not State Street) with berming
and wide setbacks to be used to buffer the residential uses from State Highway 44.
Escalante Drive should not be allowed to have front on housing.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.9 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape island and all common
areas throughout the development, 3) elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), and 4) useable amenities such as picnic tables, covered shelters, benches,
gazebos, and/or similar amenities (if proposed). The design review application shall be reviewed
and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal
of the first final plat.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERNT REGARDING
THIS PROPOSAL:
5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 9-3-10.
6. Provide a revised fencing plan showing open style fencing located between Lot 3, Block 1, and the
south property line of Lot 4, Block 1, and between Lot 81, Block 1, and the north property line of
Lot 80, Block 1. The revised fencing plan shall be submitted with the design review application.
7. Provide a revised streetlight plan showing streetlights at the following locations: 1) the corner of
North Sunset Lake Avenue and West Calm Water Street, 2) the corner of North Sunset Lake
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Avenue and West Marble Street, 3) North Temsford Way where the parking area access intersects
the street, and 4) at the locations where the pathway located within Lot 106, Block 1, intersects
West Calm Water Street and West Marble Street. The revised street light plan shall be provided
prior to submittal of a design review application.
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.
10. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to approval of a final plat.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5):
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and
telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(Bx2) Roofs:
e. Metal; standing seam, batten seam (concealed fasteners required).
• 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.
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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.
• Eagle City Code Section 8-2A-7(Jx4)(c):
Any road designated as a principal arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided
with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten
(10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not
more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet (3')
horizontal distance to one foot (l') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
E. DISCUSSION:
The applicant is requesting design review approval for the common area landscaping, pool house,
pump house, mailbox structure, and amenities within Tierpointe Subdivision No. 2 (fka Brookstone
Subdivision), an 89-lot (83-buildable, 6-common) residential subdivision. Street trees are proposed
along the lot frontages. A pool house, pump house, and mailbox structure are proposed within the
common area of the development. The applicant's justification letter describes the architectural
style of the structures as Craftsman with long sloping roof lines, square and simple design, with
wood materials.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(13)(2)(d)&(e), the proposed building should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
buildings to the surrounding vicinity to the Design Review Board.
• The applicant is proposing metal roofing as accents on the pool house. Pursuant to Eagle City Code
Section 8-2A-6(Bx2xe), Metal; standing seam, batten seam (concealed fasteners required). The
applicant should be required to provide revised pool house building elevations noting the metal
roof accents will have concealed fasteners. The revised pool house building elevations should be
reviewed and approved by staff prior to the submittal of a final plat application.
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• The applicant is proposing to remove four trees and two stands of trees along the east and north
property lines of the development. The arborist report identifies the four trees as Black Locust trees
and the two stand of trees to be Black Locust and Poplar trees. Pursuant to the arborist report, all
the trees are in poor condition and are undesirable trees. The applicant is proposing to remove all
of the existing trees on site and is proposing no mitigation for the removal of said trees. Pursuant
to Eagle City Code Section 8-2A-7(C)(1 xa), 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)(2xa),
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. Pursuant to Eagle City Code Section 8-2A-7(C)(2xc),
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.
Staff defers comment regarding the removal of the four trees and two stand of trees to the Design
Review Board.
If the City approves the removal of the trees, no additional trees are required.
-OR-
If the City approves the removal of the trees, the applicant should be required to provide a revised
landscape plan showing an additional 18-caliper inches of tree (9, 2-inch caliper deciduous 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, the applicant may opt to pay an in lieu fee into the
tree fund in the amount of $3,150.00 (18-caliper inches x $175.00 per caliper inch). The payment
to the tree fund should be received by the City prior to the submittal of a final plat application.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site, whichever occurs first.
The applicant is proposing a 4-foot high berm and 6-foot high fence within the buffer along State
Highway 44. The 6-foot high fence is a solid concrete fence by Petrified Forest. Pursuant to Eagle
City Code Section 8-2A-7-(Jx4)(c), a minimum ten foot (10') high, maximum twelve foot (12')
high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum slope for any
berm shall be three feet (3') horizontal distance to one foot (F) 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. The applicant of this development is the developer of Tierpointe Subdivision
which is proposed on the west side of North Stonehart Way. The berm along State Highway 44
within Tierpointe Subdivision was approved with a 4-foot high berm and 6-foot high solid concrete
fence. Staff defers comment regarding the style of fence proposed on top of the berm along State
Highway 44 to the Design Review Board.
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Sheet L1.6, shows a streetlight detail, however, the color temperature and light pole height have
not been specified. Pursuant to Eagle City Code Section 8-4-4-2(A)(6), 3000K is the maximum
permitted for LED lighting. The applicant should be required to provide a revised light detail
showing the color temperature not exceeding 3000K and showing the height of the light pole. The
revised detail should be reviewed and approved by staff prior to the submittal of a final plat
application.
The mailbox structure shows a decorative light fixture to be located on the front and rear building
elevations. Additionally, the plan shows LED surface lights to be located over the mailbox clusters
in the soffit of the structure. No details of the decorative light fixture or the surface mounted lights
have been provided. The applicant should be required to provide detailed cutsheets of the
decorative light fixture proposed on the front and rear of the mailbox structure and the surface
mounted lights within the soffit of the mailbox structure. The detailed cutsheets should show style,
illumination, wattage, mounting, etc. The detailed cutsheets should be reviewed and approved by
staff prior to the submittal of a final plat application.
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 February 27, 2025,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the applicant's landscape plan and of the design, materials, and colors of the
buildings as submitted.
• The Board is in favor of the removal of the black locust and poplar trees from this site without any
mitigation since the trees are considered to be in poor condition and are undesirable, weak wooded,
weak branched, and insect infestation.
BOARD DECISION:
The Board voted 4 to 0 (Lindgren, Mihan, and Murphy absent) to recommend approval of DR-2025-02 for
a design review application for the common area landscaping, pool house, pool, and cluster mailbox
structure within Tiepointe Subdivision No. 2, 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 March 13, 2025.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 25, 2025, at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 3 to 0 (Gindlesperger absent) to approve DR-2025-02 for a design review application
for the common area landscaping, pool house, pool, and mailbox structure within Tierpointe Subdivision
No. 2, 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 A-10-22/RZ-13-22/PP-19-22.
2. Provide revised pool house building elevations noting the metal roof accents will have concealed
fasteners. The revised pool house building elevations shall be reviewed and approved by staff prior to
the submittal of a final plat application.
3. The City approves the removal of the trees, no additional trees are required.
4. Provide a revised light detail showing the color temperature not exceeding 3000K and showing the
height of the light pole. The revised detail shall be reviewed and approved by staff prior to the submittal
of a final plat application.
5. Provide detailed cutsheets of the surface mounted lights within the soffit of the mailbox structure. The
detailed cutsheets shall show style, illumination, wattage, mounting, etc. The detailed cutsheets shall
be reviewed and approved by staff prior to the submittal of a final plat application.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. The combination of berm and fencing proposed along State Highway 44 is 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
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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
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.
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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.
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
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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
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-2025-02) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-6-DA (Residential with a development agreement in lieu of a PUD) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable for a landscape plan;
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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 since the
community structures have been designed to complement the area;
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 since the buildings are
in conformance with the Eagle Architecture and Site Design Book and will enhance the proposed
buildings in the vicinity;
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 since the buildings do not
exceed 35-feet permitted within Eagle City Code;
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.
DATED this 251 day of March 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Bra ike, Mayor
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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