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Findings - DR - 2025 - DR-2025-55 - Riverbend Commons Subdivision - Design Review for the common area landscaping within Riverbend Commons SubBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN RIVERBEND COMMONS SUBDIVISION FOR SEVEN TWO ONE, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2025-55 The above -entitled design review application came before the Eagle Design Review Board for their action on August 28, 2025. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Seven Two One, LLC, represented by Dave Yorgason with Tall Timber Consulting, is requesting design review approval for the common area landscaping within Riverbend Commons Subdivision. The 14-acre site is located on the south side of State Highway 44 approximately 1,044-feet west of South Urban Gate Avenue at 2603, 2611, 2755, and 2785 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 26, 2025. Supplemental information (revised landscape plan) was received on August 20, 2025. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 3, 2025, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 27, 2016, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to MU-DA (Mixed Use with a development) for Richard and Sharon Terry for parcels No. S0507346750 and S0507346775 (A-2016-04 & RZ-2016-06). On November 1, 2016, the City Council a development agreement for Richard and Sharon Terry for parcels No. S0507346750 and S0507346775 (PD-2016-02). On January 25, 2025, the City Council approved a rezone from A-R (Agricultural -Residential) to MU- DA (Mixed Use with a development agreement [in lieu of a PUD and Conditional Use Permit]), a development agreement modification, and preliminary plat approval for Riverbend Commons Subdivision parcel Nos. S0507346985, S0507346982, S0507346850, S0507346750, S0507346775, and S0507346800 (RZDA-2025-03 & PP-2024-02). E. COMPANION APPLICATIONS: There are no companion applications. Page 1 of 19 K:\Planning Dept\Eagle Applications\ Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. Existing Proposed North of site South of site East of site COMP PLAN DESIGNATION Professional Office/Business Park; Mixed Use No change Large Lot Neighborhood Mixed Use ZONING DESIGNATION MU-DA (Mixed -Use with a development agreement), A-R (Agricultural - Residential) MU-DA (Mixed -Use with a development agreement) R-1 (Residential), RUT (Rural -Urban Transition — Ada County designation) RUT (Rural -Urban Transition — Ada County designation) MU-DA (Mixed -Use with a development agreement) Professional MU-DA (Mixed -Use with a Office/Business Park development agreement) DESIGN REVIEW OVERLAY DISTRICT: West of site The site is located within the city-wide Design Review Overlay District. H. URBAN RENEWAL DISTRICT: The site is not located within the Urban Renewal District. LAND USE Single family residence; vacant parcels Commercial subdivision; single family residence to remain Single-family residential subdivision (Timberland Estates Subdivision) Boise River Commercial and residential subdivision (Stillwater Subdivision) Single family residence; vacant parcels I. EXISTING SITE CHARACTERISTICS: There are three existing residential dwellings located on the site with numerous trees located throughout and a significant amount of trees along the North Channel of the Boise River. The applicant is proposing to retain the residential dwelling located on parcel #S0507346800. J. SITE DATA: Total Acreage of Site — 14.00 acres Total Number of Lots — 23 Total Number of Units — 1 Residential — 1 (existing residence to remain) Commercial — 20 Industrial — 0 Common — 2 Single-family detached — 1 (existing to residence to remain) Single-family attached / Two-family — 1 (only if the single-family detached above is modified or removed, as approved through this agreement.) Multi -family - 0 Page 2 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files \02-DRB\Riverbend Commons Findings DR.docx Total Acreage of Any Out -Parcels — none K. PARKING ANALYSIS: Pursuant to the 3.4.1 of the development agreement the owner shall provide a joint/collective parking written agreement in conformance with Eagle City Code Section 8-4-3-3, prior to issuance of the first building permit. The joint/collective parking agreement shall be updated with each design review application submittal, including anytime a change of use or change of tenant for a specific building is requested. L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: No buildings are proposed with this application. Height and Number of Stories of Proposed Buildings: There are no buildings proposed with this application. Gross Floor Area of Proposed Buildings: There are no buildings proposed with this application. On and Off -Site Circulation: A 129,325-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 36-foot wide proposed public road is located approximately 80-feet west of the east property line. One 36-foot wide proposed public road is proposed to be located approximately 370-feet south of the north property in alignment with West Copper Silo Street located within the Stillwater Development to the east. M. BUILDING DESIGN FEATURES: No buildings are proposed with this project. N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The site is located adjacent to the north side of the north channel of the Boise River and there are trees located throughout the site but the majority are located along the river. For the purposes of this application, the applicant has only identified the trees located within the future public roadways and on the future buildable lots. There are 46 existing trees that have been identified on this site. The trees consist of Black Locust, Siberian Elm, Western Red Cedar, Austrian Pine, Catalpa, Black Walnut, Blue Spruce, Apricot, Apple, Crabapple, Ponderosa Pine, Spruce, Honeylocust, Willow, and Cherry. Below is a list identifying the trees to be removed by species, size, condition, and required replacement inches or heights as identified on the arborist report, date stamped by the City on June 26, 2025. Diameter Height Remove Replacement TREE # Tree Species Condition /Re lace Inches/Feet (inches) (feet) p Per ECC 1 Black Locust 12 Poor Remove TBD 2 Siberian Elm 63 Poor Remove TBD 3 Western Red Cedar 35 Poor Remove TBD 4 Austrian Pine 40 Poor Remove TBD 5 Black Locust 18 Poor Remove TBD 6 Catalpa 4 Fair Remove 4" Page 3 of 19 K:\Planning Dept\Eagle Applications\ Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files \02-DRB\Riverbend Commons Findings DR.docx 7 Black Walnut 4 Poor Remove TBD 8 Siberian Elm 22 Poor Remove TBD 9 Siberian E1m 20 Poor Remove TBD 10 Siberian Elm 40 Poor Remove TBD 11 Siberian Elm 8 Poor Remove TBD 12 Black Locust 24 Poor Remove TBD 13 Catalpa 30 Poor Remove TBD 14 Catalpa 30 Poor Remove TBD 15 Catalpa 14 Poor Remove TBD 16 Crabapple 20 Poor Remove TBD 17 Blue Spruce 25 Fair Remove 25' 18 Catalpa 30 Poor Remove TBD 19 Black Locust 12 Poor Remove TBD 20 Black Locust 12 Poor Remove TBD 21 Apple 40 Poor Remove TBD 22 Apricot 4 Poor Remove TBD 23 Black Locust 12 Poor Remove TBD 24 Black Walnut 6 Poor Remove TBD 25 Black Locust 30 Poor Remove TBD 26 Black Walnut 36 Fair Remove TBD 27 Russian Olive 8 Poor Remove TBD 28 Black Walnut 38 Poor Remove TBD 29 Apple 18 Poor Remove TBD 30 Apple 18 Poor Remove TBD 31 Apple 18 Poor Remove TBD 32 Ponderosa Pine 20 Poor Remove TBD 33 Ponderosa Pine 25 Poor Remove TBD 34 Ponderosa Pine 20 Poor Remove TBD 35 Spruce 35 Poor Remove TBD 36 Ponderosa Pine 20 Poor Remove TBD 37 Blue Spruce 35 Fair Remove 35' 38 Spruce 40 Fair Remove 40' 39 Spruce 40 Fair Remove 40' 40 Blue Spruce 40 Fair Remove 40' 41 Honeylocust 48 Poor Remove TBD 42 Crabapple 6 Poor Remove TBD 43 Cherry 12 Fair Remove 12" 44 Willow 32 Poor Remove TBD 45 Apricot 10 Fair Remove 10" 46 Cherry 10 Poor Remove TBD Page 4 of 19 K:\Planning Dept\Eagle Applications\ Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx Total caliper inches/feet of trees required to be replaced on site Total caliper inches and feet removed from the site Total caliper inches proposed for mitigation Total height feet proposed for mitigation TBD by the Design Review Board and City Council 26" (fair) 180' (fair) 0" 47- 7' high evergreen trees = 329' Tree Replacement Calculations: The applicant is proposing 47, 7-foot high evergreen trees for a total of 329-feet above what is required pursuant to Eagle City Code. Three hundred -twenty nine (329) feet minus the 180-feet of height being removed from the site leaves 149-feet of tree to be used for mitigation. If 1, 2-inch caliper deciduous tree is equivalent to 1, 6-foot high evergreen tree, 149-feet is equal to 24, 2-inch deciduous trees. The applicant is requesting the additional height of evergreen tree be utilized to mitigate the 26-inches (13, 2-inch caliper trees) of deciduous tree required to be replaced onsite. See discussion on page 15 for more information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along West State Street, West Copper Silo Street and Pinedale Avenue. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot that is located south of West Copper Silo Street. Perimeter landscaping north of West Copper Silo Street has not been shown but will be required with future applications. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. O. TRASH ENCLOSURES: Six (6) 160-square foot trash enclosures are proposed to be located throughout the development. The enclosures are proposed to be constructed of Split Face CMU walls and metal gates; the Split Face CMU is proposed to be Gray and the metal gates are proposed to be Black. P. MECHANICAL UNITS: There are no mechanical units proposed at this time. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage has been provided and complies with Eagle City Code Section 8-4-4-2 with the exception of the parking lot lights proposed within the parking lot south of West Copper Silo Street. The parking lot lights south of West Copper Silo Street are within 50-feet of residentially zoned parcel of land or parcel of land used for residential purposes. Page 5 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files \02-DRB\Riverbend Commons Findings DR.docx R. SIGNAGE: No signs are proposed with this application. A separate design review application is required prior to the construction of any signs on this site. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has not been received by the City. The site is located within Veolia Water service area and is in the process of being annexed into the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED: No public uses are proposed. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No future acquisition map currently exists. V. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - yes Mature Trees - yes Riparian Vegetation - yes Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - unknown W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An environmental assessment is not required for this application. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Department of Environmental Quality Eagle Sewer District Idaho Transportation Department Y. LETTERS FROM THE PUBLIC: No letters from the public have been 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. Page 6 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx 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; Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed, that are harmonious with the architectural design of the building and the adjacent buildings, and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT: g. 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 including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Professional Office / Business Park Suitable primarily for the development of technical park/research and development facilities, professional office/office complexes, and limited manufacturing activities, including small-scale production, distribution, and storage of goods. Support activities may also be permitted. Retail may be permitted as an ancillary use within this land use category. Smaller medical uses such as dentist offices and other outpatient clinics are also encouraged. All development within this land use shall be designed Page 7of19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx to be within a landscaped setting and be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such development should be operated entirely within enclosed structures and generate minimal industrial traffic. Development within this land use designation should be required to proceed through the PUD process.6.4 General Land Use Goals Special Use Areas: Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Floodway areas are excluded from being used for calculating residential and development densities. Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or similar amenities, as may be credited toward the minimum open space required for a development, if approved by the City Council. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown on the Land Use Map, the adjacent land use designation shown shall be considered to abut the actual floodway boundary. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. B. DEVELOPMENT AGREEMENT PROVIDIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.5 Owner shall provide a detailed parking analysis for the commercial buildings at the time of submittal of a design review application. 3.5.1 Owner shall provide a joint/collective parking written agreement in conformance with Eagle City Code Section 8-4-3-3, prior to issuance of the first building permit. The joint/collective parking agreement shall be updated with each design review application submittal, including anytime a change of use or change of tenant for a specific building is requested. 3.5.2 The Property shall be approved, through this development agreement and through an approved joint/collective parking agreement with the City, pursuant to the limitations and allowances expressly set forth above and the other terms of this agreement, for a 15% (max.) reduction in parking for the Property so long as the Owner can substantiate the request for the reduced parking through specific building uses, non -conflicting days/hours of operation, peak hours of use, etc. at the time of the submittal of each design review application. 3.7 The architectural imagery provided (Exhibit D) represent the Owner's current concept for the project. The Owner and City understand and agrees that certain changes in the architecture may occur, however, the architectural elements are subject to change at the discretion of the City Council. Owner shall submit a design review application for the proposed buildings (as required by Eagle City Code) and shall comply with all conditions required by the Design Review Board Page 8 of 19 K:\Flanning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx and/or City Council prior to the issuance of a zoning certificate. 3.11 Owner shall install the sidewalk and landscape improvements, including any trees, shrubs, groundcovers, and irrigation, within the common lots (Lot 1, Block 1, and Lot 1, Block 2) adjacent to State Highway 44 in their entirety with the first phase of development and prior to the issuance of the first certificate of occupancy associated with the property. 3.12 Owner shall landscape and maintain the area between the northern most portion of the property to within 9-feet of the paved surface of State Highway 44. The applicant shall submit a landscape plan that includes this area to be sodded turf in perpetuity or until expressly dissolved by the City and ITD. The landscape plan shall be reviewed and approved by the Design Review Board and the City Council prior to installation of the landscaping. The owner should provide a recorded copy of the ITD license agreement associated with the landscaping located within the right-of- way area. The landscaping should be installed prior to the city clerk signing the first final plat. 3.14 Owner shall provide a 3-foot (3') high landscaped berm (minimum height) along the entire length of the property where it abuts State Highway 44. The landscaped berm shall be located between the south side of the 10-foot (10') sidewalk within the northern most portions of Lots 2, 12-15, Block 1, and Lot 2, Block 2. The berm shall be 3-feet (3') in height and landscape improvements (trees, shrubs, groundcovers, etc.) shall be commensurate with the landscaping requirements pursuant to Eagle City Code Section 8-2A-7(K)(2)(a). The landscape plan shall be reviewed and approved by the Design Review Board and City Council prior to submittal of a design review application associated with the first building or submittal of a final plat application, whichever comes first. 3.15 Owner shall provide a landscape buffer along the entirety of the western facade of the Sports Complex building within Lot 2, Block 3, to match the "additional landscape buffer" shown on Exhibit E (Conceptual Landscape Plan) along the eastern facade of the Sports Complex facility in Lot 1, Block 3. The landscape buffer shall be reflected within the landscape plans submitted with the Design Review application for this phase of the development. The Owner understands that additional screening may be required upon review of the Design Review application associated with the Sports Complex Facility. 3.16 Owner shall provide a landscape buffer along the entirety of the western property line of Lot 2, Block 3, to match the "enhanced landscape buffer" adjacent to the Stillwater development shown on Exhibit E (Conceptual Landscape Plan). The landscape buffer shall be reflected within the landscape plans submitted with the Design Review application for this phase of the development. The Owner understands that additional screening may be required upon review of the Design Review application associated with the Sports Complex Facility. 3.18 All non-residential (commercial) mixed -uses shall be subject to reasonable dark -sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. Provide plans showing outdoor lighting plans and specifications showing locations, fixture style, lumens, and temperature. 3.19 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) detailed planting plans within the proposed and required landscape areas, parking islands, and all common areas throughout the development, 3) landscape screening details between the sports complex buildings and the adjacent properties to the east and west of the subject property, 4) buffering of the Retail, QSR, and Office buildings from State Highway 44, 5) the area to be maintained by the owner between the paved shoulder of State Highway 44 and the property line 6) architectural site plans, elevations, and renderings, as needed to accurately convey design intent, for all proposed common area structures and irrigation pump house (if Page 9 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx proposed), 7) landscape screening details of the irrigation pump house (if proposed), 8) useable site amenities such as picnic tables, covered shelters, benches, bicycle racks, gazebos, and/or similar amenities, 9) design of ponds to be constructed in reference to mosquito abatement. 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 PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 4. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the city. 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) shall be provided for city approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the direction of the city) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 5. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the city) 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. 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. (ECC 8-2A-7[E] and ECC 8-2A-18) 6. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights -of -way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2) 7. The applicant shall provide a license agreement to the City from ITD approving the landscaping (grass and irrigation) and maintenance of the landscaped portion of the public right-of-way between the paved section of State Highway 44 and the property line prior to approval of a final plat. (ECC 9-4-1-2) 9. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or Page 10 of 19 K:\Planning Dept\Eagle Applications\Subdivisions'Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files \02-DRB\Riverbend Commons Findings DR.docx 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: 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(B)(7): Enclosed trash and recycle receptacle areas: All commercial and multi -family developments shall provide for trash and recycle services and shall include an enclosed area for the storage of trash and recycle receptacles. The area shall be screened in accordance with section 8-2A-7J of this article. A waiver of this section may be approved for small businesses that utilize ninety six (96) gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are otherwise screened from view with the use of a screen wall and landscaping. • 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. • Eagle City Code Section 8-2A-7(J)(2)(c): To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. • Eagle City Code Section 8-2A-7(K)(3)(a): Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. • Eagle City Code Section 8-2A-7(L)(1): Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. Page 11 of 19 K:\Planning Dept\Eagle Applications\ Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. • Eagle City Code Section 8-4-4-2(A): Site And Building Lighting: 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. • Eagle City Code Section 8-4-4-2(D): Screening And/Or Landscaping: Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such wall, fence, or planting screen shall not be less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such wall, fence, or planting screen will not serve the intended purpose, then no such wall, fence, or planting screen and landscaping shall be required. • Eagle City Code Section 8-4-4-6: BICYCLE PARKING: One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi- family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle -Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. E. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping within Riverbend Commons Subdivision, a 23-lot (21-buildable [20-commercial; 1-residential]; 2- common lot) mixed use subdivision. The applicant will be constructing the extension of West Copper Silo Street which currently terminates at the western property line of Stillwater Subdivision (located adjacent to the east property line of this development) and extend to the western property line of this development. Additionally, the applicant will be constructing a new public road, Pinedale Avenue, that will provide access from West State Street to West Copper Silo Street. The applicant is proposing to install curb, gutter, and separated sidewalks along both West Copper Silo Street and Pinedale Avenue. Street trees and sod are proposed along West State Street on the north side of the pathway. Pursuant to the development agreement, the applicant is proposing the Page 12 of 19 K:\Planning Dept\Eagle Applications \ Subdivisions\ Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx required buffer between the parking lot and the east and west boundaries of the development, south of West Copper Silo Street. The applicant is proposing to retain one of the residential dwellings located in the southeastern portion of the development. The existing residential dwelling will be accessed through the proposed parking area that is proposed to be constructed along the eastern portion of the site. No new buildings are proposed with this application. A design review application will be required to be submitted for review and approval for all future buildings. • The three existing dwelling units are serviced by overhead utilities from the north side of West State Street. Pursuant to Eagle City Code Section 8-2A-6, utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. The applicant should be required to provide a revised site and landscape plan noting that all overhead utilities to the site and on the site, including all poles, are to be removed and installed underground. The revised site and landscape plan should be reviewed and approved by staff prior to the submittal of a final plat application. • The landscape plan shows six trash enclosures to be located throughout the development and it shows a detail of trash enclosures showing the enclosures to be constructed of gray split face CMU with black metal gates. The buildings architecture, materials, and colors have not been identified to date. Staff defers comment regarding the proposed trash enclosures materials and colors to the Design Review Board. • The landscape plan shows several of the proposed trash enclosure locations to have only a 3-foot wide landscape strip around the trash enclosure. Pursuant to Eagle City Code Section 8-2A- 7(J)(2)(c), trash receptacles are required to be screened from view with a five foot wide by six foot high landscape buffer. Pursuant to Eagle City Code Section 8-4-4-3, a cross access, parking, and trash enclosure use agreement is required. The applicant should be required to provide a cross access, parking, and trash enclosure use agreement for all the lots within this development. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer around all the trash enclosures. The cross access, parking, and trash enclosure use agreement should be reviewed and approved by staff and the City Attorney prior to the submittal of a final plat application. • The site is located adjacent to the north side of the north channel of the Boise River and there are trees located throughout the site but the majority are located within the floodway and along the river. For the purposes of this application, the applicant has only identified the trees located on the future buildable lots and roadways. The arborist has identified 46 existing trees that have been identified as Black Locust, Siberian Elm, Western Red Cedar, Austrian Pine, Catalpa, Black Walnut, Blue Spruce, Apricot, Apple, Crabapple, Ponderosa Pine, Spruce, Honeylocust, Willow, and Cherry all of which are to be removed. As noted in the arborist report, the trees range in condition from fair to poor. The applicant is proposing to plant 47, 7-foot high evergreen trees for a total of 329-feet to replace the 180-feet of height being removed from the site. That leaves 149- feet of tree to be used for mitigation, if 1, 2-inch caliper deciduous tree is equivalent to 1, 6-foot high evergreen tree, 149-feet is equal to 24, 2-inch deciduous trees. The applicant is requesting the additional height of evergreen tree be utilized to mitigate the 26-inches (13, 2-inch caliper trees) of deciduous tree required to be replaced onsite. Staff defers comment regarding the tree removal and proposed mitigation to the Design Review Board. • The applicant is proposing parking lot lighting throughout the development. The plans indicate the pole height of the parking lot lights will be 20-feet. Pursuant to Eagle City Code Section 8-4-4- 2(A)(5)(d), light pole fixtures shall have a maximum height of 15-feet for any pole located within 50-feet of a property line of any residentially zoned parcel of land or parcel of land used for Page 13 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx residential purposes. The applicant should be required to provide a revised site and lighting plan showing any proposed light pole fixtures within 50-feet of the east or west property lines not exceeding 15-feet in height. The revised site and lighting plan should be reviewed and approved by staff prior to the submittal of a final plat application. • There are 391-parking spaces shown within this development. Pursuant to Eagle City Code Section 8-4-4-6, one bicycle parking space is required for each 30 required automobile parking spaces. The applicant should be required to provide a revised site and landscape plan showing the location of bicycle racks throughout the development for 13 bicycle parking spaces. A detailed cutsheet of the bicycle racks showing the style, color, etc. should be provided. The revised site and landscape plan and detailed cutsheet should be reviewed and approved by staff prior to the submittal of a final plat application. • The applicant is proposing to use permeable pavers within the parking lot for storm drainage. The style and color of paver was not provided with the application. The applicant should be required to provide a revised site and landscape plan specifying the style and color of permeable paver to be used for drainage within the parking lot of the development. The style and color should be reviewed and approved by staff and one member of the Design Review Board prior to the signing of the final plat. 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 August 28, 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 as submitted. • The Board is in favor of the applicant's proposed tree mitigation plan. BOARD DECISION: The Board voted 4 to 0 (Mihan, Greer, and Murphy absent) to recommend approval of DR-2025-55 for a design review application for the common area landscaping within Riversbend Commons Subdivision, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZDA-2024-03 & PP-2024-02. 2. Provide a revised site and landscape plan noting that all overhead utilities to the site and on the site, including all poles, are to be removed and installed underground. The revised site and landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat application. 3. Provide a cross access, parking, and trash enclosure use agreement for all the lots within this development. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer around all the trash enclosures. The cross access, parking, and trash enclosure use agreement shall be reviewed and approved by staff and the City Attorney prior to the submittal of a final plat application. Page 14 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx 4. Provide a revised site and lighting plan showing any proposed light pole fixtures within 50-feet of the east or west property lines not exceeding 15-feet in height. The revised site and lighting plan shall be reviewed and approved by staff prior to the submittal of a final plat application. 5. Provide a revised site and landscape plan showing the location of bicycle racks throughout the development for 13 bicycle parking spaces. A detailed cutsheet of the bicycle racks showing the style, color, etc. shall be provided. The revised site and landscape plan and detailed cutsheet shall be reviewed and approved by staff prior to the submittal of a final plat application. 6. A design review application shall be submitted prior to construction of any buildings within this development. The design review application shall be reviewed and approved by the city prior to the issuance of a zoning certificate. 7. Provide a revised site and landscape plan specifying the style and color of permeable paver to be used for drainage within the parking lot of the development. The style and color shall be reviewed and approved by staff and one member of the Design Review Board prior to the signing of the final plat. 8. If an irrigation pump house is proposed, detailed elevations showing the style, colors, materials, etc. shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. 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. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. No ground mounted mechanical units are proposed with this application and none are approved. 13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 14. No signs are proposed with this application and none are approved. 15. Provide a revised landscape plan showing the phasing of the common area landscaping within this development. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat application. 16. Provide a revised landscape elan showing the proposed buffer along State Highway 44. The landscape plan shall show the berming (i.e.: berm, wall, gabion walls, etc.). landscaping. and a cross section of the buffer showine the required 3-foot height as measured from the vertical curb proposed alone State Highway 44. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the submittal of a final plat application. 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. Page 15 of 19 K:\Planning Dept\Eagle Applications\ Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files \02-DRB\Riverbend Commons Findings DR.docx 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has 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. Page 16 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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. Page 17 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-2025-55) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and subdivision landscaping is permitted with the approval of a design review application within the MU-DA (Mixed -Use with a development agreement) zoning district; Page 18 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55\03-Working Files\02-DRB\Riverbend Commons Findings DR.docx 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 since the parking on the site has been designed to accommodate the proposed uses within the development; 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 landscaping has 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 — 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 since sidewalks and pathways have been provided throughout the 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. 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. Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis pursuant to Idaho Code Section 67-8003. DATED this 11th day of September 2025. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County. Idaho Walter Itifdgren, Chairman AT EST: 0.0ill it liiiiiii4. OF EAGact. , 7-'-`-- r G; ,‘_‘,_QORq � O t" it :v :*= Tracy E /Isbsrn, Eagle City Clerk A O: 1 /,I' Cfs F 1Vi9** Page 19 of 19 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\02- Riverbend Commons LS - DR-2025-55 \ 03-Working Files\02-DRB\Riverbend Commons Findings DR.docz