Findings - CC - 2025 - DR-2025-67 - Whitehurst Village Subdivision •
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN WHITEHURST VILLAGE )
SUBDIVISION FOR EVANS DEVELOPMENT LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2025-67
The above-entitled design review application came before the Eagle City Council for their action on
November 17,2025. 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:
Evans Development LLC, represented by Kim Siegenthaler with Jensen Belts Associates PLLC, is
requesting design review approval for the common area landscaping within Whitehurst Village
Subdivision.The 5.97-acre site is located on the north side of West Flint Drive approximately 830-east
of North Park Lane at 3660 West Flint Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 15,2025.
`./ C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 25, 2025, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 24, 2025, the Eagle City Council approved a rezone from A-R(Agricultural-Residential) to
R-1 (Residential) and to R-E-DA-P (Residential with a development agreement—PUD), conditional
use permit, preliminary development plan, and preliminary plat for Whitehurst Village Subdivision, a
16-lot (11-builldable, 1-existing, 4-common) residential subdivision (RZDA-2025-02/CUP-2025-
0 1/PPUD-2025-01/PP-2025-01).
E. COMPANION APPLICATIONS:
There is one companion application DR-2025-68 (subdivision signage).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-1 (Residential)and R-3- Single-Family Residential
(Residential Transition DA-P(Residential with a &Residential Planned
Overlay) development agreement— Unit Development
PUD)
Proposed No Change No Change No Change
North of site Neighborhood and R-E(Residential-Estates)and Eagle High School, LDS
Public/Semi-Public PS (Public/Semi-Public) Seminary Building
South of site Neighborhood MU-DA(Mixed Use with a Single-Family Residential
development agreement) Subdivision(Flint Estates
Subdivision)
East of site Neighborhood A-R(Agricultural- Vacant lot
Residential)
West of site Mixed Use MU-DA(Mixed Use with a Single-Family Residential
development agreement) Subdivision(Bellemeade
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
This 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.
I. EXISTING SITE CHARACTERISTICS:
The site has an existing single-family residence and accessory buildings which are to remain and
existing trees along the west,north,and east perimeter,and around the existing single-family residence.
J. SITE DATA:
Total Acreage of Site—5.97 acres
R-3-DA-P zone—4.55 acres
R-1 zone— 1.42 acres
Total Number of Lots— 16
Residential— 11-buildable, 1-existing
Commercial—0
Industrial—0
Common—4
Total Number of Units— 12
Single-family— 11-buildable, 1-existing
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre R-3-DA-P: 2.42 du/ac 2.42 (as limited within
the development agreement)
R-1: 61,855 square feet R-1: 37,000 square feet
Minimum Lot Size
R-3-DA-P: 7,572 square feet* R-3: 10,000 square feet
R-1: 265 feet R-1: 100 feet(minimum)
Minimum Lot Width
R-3-DA-P: 79 feet R-3: 75 feet(minimum)
R-1: 265 feet R-1: 35 feet(minimum)
Minimum Street Frontage
R-3-DA-P: 61 feet R-3: 35 feet(minimum)
Total Acreage of Common Area
Open Space 1.25 acres 1.2 acres(minimum)
Percent of Site as Common Area 27.5% 20%(minimum)
Open Space
Percent of Common Area Open 25.7% 15%(minimum)
Space as Active Open Space
* ECC Section 8-6-5-5(A)states that"All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title,except that a decrease in the minimum lot size may be allowed if there is an"offsetting
increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding
area."
K. PARKING ANALYSIS:
There are no parking spaces proposed within the common areas.
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
Two landscaped common lots containing a fifty-foot(50')wide easement in favor of Drainage District
No. 2 (Lots 1 and 15,Block 1), are proposed north of West Flint Drive(identified as a local street)on
either side of North Calais Avenue. Lot 16, Block 1, has existing trees and shrubs along the property
line abutting West Flint Drive.
Open Space:
The residential PUD, which excludes Lot 16, Block 1, includes four common lots which consist of
landscaped open space at the subdivision's entrance, landscaped parkway, a community pathway, a
covered seating area, and an open play area. Approximately 0.33 acres (25.7%) of the proposed open
space is active open space as defined by Eagle City Code Section 9-1-6.
The Parks, Pathways, and Recreation Commission (PPRC) has reviewed the proposed pathways and
provided a recommendation(see attached PPRC Action Report, dated March 26,2025).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
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Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System I Individual Well:
The existing dwelling located on Lot 16, Block 1, is served by an individual well and septic system.
The septic system is proposed to be abandoned.Central sewer will be provided to the existing dwelling.
Pressurized Irrigation:
The applicant provided a preliminary irrigation report for Whitehurst Village Subdivision,date stamped
by the City on January 13, 2025 (attached to staff report). The applicant will be required to install
pressurized irrigation.
Preservation of Existing Natural Features:
The site contains mature trees located along the western property line and at the northeast corner of the
property. The existing trees will be maintained at their current locations.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Prairie School
Picnic Shelter
Roof: Metal(Black)
Columns: Metal(Black), stone veneer(Dark Ridge Alpine Ledgestone)
Fascia/Trim: Wood(stain)
Mailbox Cover
Roof: Metal(Black)
Walls: Cement board cladding(Gray)
Columns: Metal(Black), cement board cladding(gray)
Windows/Doors: Aluminum(medium blue and white)
Fascia/Trim: Metal(Black)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along the west, north,
and east property lines,and around the existing house.All trees are to be retained and protected.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Flint Drive (behind the Drainage District No. 2
easement),North Calas Avenue and West Wrexham Court.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
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O. TRASH ENCLOSURES:
No trash enclosure is proposed with this application.
P. MECHANICAL UNITS:
No mechanical units are proposed with this application.
Q. OUTDOOR LIGHTING:
The landscape plan shows the location of the streetlights within the development. A detailed cutsheet
of streetlights shows the style, color, height, wattage, illumination type, etc. that comply with Eagle
City Code.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2025-68) has
been submitted for the approval of signs proposed within the development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water Company service area and within 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-no
Mature Trees—yes, located along the west,north,and east property lines,and around the existing
dwelling
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):
An environmental assessment is not required for this application.
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X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
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.
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:
Chapter 6—Land Use
6.3 Land Use Designation
The Comprehensive Land Use Map (adopted November 15, 2017), designated this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay.Neighborhood design will be paramount
in this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
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.
6.5 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to formalize an
activity center by Eagle High School and the existing residential development in the area. The goal
is to establish a neighborhood center/node with pedestrian scale design and access to the future
transit along State Highway 44. The following land use and development policies are specific to
the Park Lane Planning Area.
6.5.1 Park Lane Uses
A. Flint Drive shall be preserved primarily as a residential street.
D. The land use for the properties north of Flint Drive and extending north to Floating
Feather Road,east of Eagle High School,is Neighborhood Residential with a Residential
Transition Overlay. Development in this area should be designed to ensure compatible
residential lot sizing(1-acre lots)adjacent to the Colony Subdivision and transition to a
density of up to 3 per acre near the high school. The overall density of the area should
not exceed 2 units per acre.
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B. CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY
PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
4. The developer shall provide a detailed arborist report and a tree inventory map identifying all
existing trees located on-site.The report shall identify,at minimum,species, size,and health of the
trees. The arborist report and map shall be provided with the submittal of a design review
application.All living trees shall be preserved,unless otherwise determined by the Design Review
Board and the City Council. A detailed landscape plan showing how the trees will be integrated
into the open space areas or private lots(unless approved for removal by the City Council)shall be
provided for City Council final approval prior to the submittal of a final plat.Construction fencing
shall be installed(pursuant to the Design Review Board's direction)to protect all trees that are to
be preserved,prior to the commencement of any construction on the site.No trees shall be removed
from the site prior to city approval of a tree removal and replacement plan.
5. 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. (ECC 8-2A-7[E] and ECC 8-2A-18)
7. 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 (excluding Lot 16, Block 1). Specific buffer area fences and decorative walls may be
allowed as otherwise required in ECC Section 8-2A-7(J).
16. The applicant shall be permitted to construct composite privacy fencing around the perimeter of
Lot 16,Block 1. Open-style fencing shall be required where all other lots abut common lots.
17. The applicant shall be permitted to construct the cul-de-sac at West Wrexham Court without the
landscape island,and the cul-de-sac shall be required to have a radius of fifty feet(50')to comply
with ACHD standards.
The following conditions of approval reflect the recommendation made by the City of Eagle Parks,
Pathways, and Recreation Commission at the meeting on March 20, 2025:
28. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet(8')
to eliminate sharp turns or blind corners.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
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repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(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.
3. Damage During Construction:Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this
section.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities,activities,or different intensities of use,such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six
foot(6')high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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.
3. Materials:
a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum
of sixty percent(60%)of the total plant material used.
b. Height requirements shall be accomplished with plant material,with a fence or decorative
wall.
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c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing,with slats or otherwise,and cedar fencing is prohibited for screening.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments,shall be buffered from streets classified as collectors,arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway.This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing,as noted below,shall be measured from the elevation of the final grade of the
adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The
required buffer area width,plantings, and fencing are as follows:
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')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: four
(4) shade trees, five(5)evergreen trees, and twenty four(24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall,or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three
feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall is to be provided in
combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(M): Parkway Strips, Separated Sidewalks, and Street Trees:
1.Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall
be separated from the curb along all streets.An eight foot(8')wide minimum parkway planter
strip planted with shade class(class II)trees shall be required between the sidewalk and street
to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five(35)linear
feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight
foot(8')wide landscape strip between the sidewalk and the curb. Trees shall be planted at the
front of each lot generally located on each side lot line corner with the distance between trees
to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
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• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.Requests
for use of alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
3. Tree Fund:Persons applying for an alternative method of compliance for relief from regulations
that require all existing trees to remain on site may elect to make a financial contribution to the
Eagle city tree fund in lieu of retaining all trees on site. The condition(s)which warrants the
need for the tree fund alternate method of compliance shall be specified in the application
submitted under subsection 02 of this section.If the application is approved,the amount to be
contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)
removed from the site and the total vertical feet of coniferous trees removed from the site.Cost
per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance,without prejudice, in accordance with subsection 02 of this section.
D. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Whitehurst Village Subdivision, a 16-lot (11-builldable, 1-existing, 4-common) residential
subdivision. Street trees are proposed along the lot frontages.A picnic shelter,mailbox cover, and
walking paths are proposed within the development. The architectural style of the structures is
Prairie School which is one of the architectural styles within the Eagle Architecture and Site Design
Book.
The proposed structures should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(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 regarding the harmonious nature and relationship of the structures to the
surrounding vicinity to the Design Review Board.
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• The landscape plan shows pathway and sidewalk intersections that do not have a radius of 8-feet
`/ to eliminate sharp turns.Pursuant to preliminary plat site specific condition no.28,all intersections
of pathways, sidewalks, and trails are required to have a minimum radius of 8-feet. The applicant
should be required to provide a revised landscape plan showing all intersections of pathways,
sidewalks, and trails to have a minimum radius of 8-feet. The revised landscape plan should be
reviewed and approved by staff prior to the submittal of a final plat application.
• The existing tree plan shows that all existing trees on the site are to be protected and retained and
construction fencing to be installed to protect the trees during construction. The existing trees are
located within the common areas, vacant buildable lots, and the existing single-family residence.
Staff is concerned about the location of the trees within buildable lots 2, 3, 4, 6, 8, and 8,block 1,
in relation to the rear lot lines which have public utility easements. In addition, the lots will be
privately owned and enforcement will be a challenge without a conservation easement.
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Staff defers comment regarding the existing trees located within the future buildable lots to the
Design Review Board.
• The landscape plan shows buffer areas on the east and west sides of the entrance to the development
adjacent to West Flint Drive, a collector roadway. The buffer areas are planted with a total of 15-
shade trees, 14-evergreen trees,8-ornamental trees,and 156-shrubs which exceed the required trees
and shrubs required by code. No berm is proposed. Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a),a 5-foot minimum to 8-foot maximum berm is required within a 35-foot wide landscape
buffer area. The applicant is requesting an alternative method of compliance for the lack of a berm
due to an existing 50-foot wide drainage easement. Drainage District No. 2 will not allow a berm
within the easement area. Staff defers comment regarding the alternative method of compliance
request to the Design Review Board.
• The landscape plan shows street trees along West Flint Drive that are north of the back of sidewalk
and outside of the existing drainage easement. Pursuant to Eagle City Code Section 8-2A-7(M),
street trees are required to be planted within the 8-foot wide parkway strip between the sidewalk
and the roadway. The applicant is requesting an alternative method of compliance for the location
of the street trees.Drainage District No. 2 will allow trees within their easement as long as they are
at least 10-feet away from their pipes. Staff defers comment regarding the alternative method of
compliance request for the location of the street trees to the Design Review Board.
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• The mailbox and picnic shelter elevation plan does not call out all the materials and colors proposed
on the structures and the elevation plans are not stamped by an architect. The applicant should be
required to provide a revised mailbox and picnic shelter elevation plan calling out all materials and
colors proposed on the structures. The plan should be stamped by a licensed architect. The revised
plan 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 October 9, 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 proposed common area landscaping and amenities and retaining all trees
onsite with the addition of site specific condition nos. 12 and 13.
• The Board requested additional information for the picnic shelter design to understand why only two
of the four columns included stone bases. The Board recommended adding bases on all four columns.
• The Board is in favor of the alternative method of compliance request to allow for landscaping and no
berm within the buffer area along West Flint Drive due to the existing drainage ditch easement.
• The Board is in favor of the street tree location proposed due to the existing drainage ditch easement
location.
BOARD DECISION:
The Board voted 3 to 0(Grubb,Lindgren,Greer,and Murphy absent)to recommend approval of DR-2025-
67 for a design review application for the common area landscaping within Whitehurst Village Subdivision,
with the following site specific conditions of approval and standard conditions of approval provided within
their findings of fact and conclusions of law document,dated October 23,2025.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on November 17, 2025, at
which time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2025-67 for a design review application for the common area
landscaping within Whitehurst Village Subdivision, with the following Design Review Board
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZDA-2025-02/CUP-2025-01/PPUD-2025-01/PP-2025-01.
2. Provide a revised landscape plan showing all intersections of pathways, sidewalks,and trails to have a
minimum radius of 8-feet. The revised landscape plan shall be reviewed and approved by staff prior to
the submittal of a final plat application.
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3. If trees are damaged during construction or are required to be removed due to construction limits, the
applicant shall be required to submit a tree removal application with the location, species, size, and
condition of the trees. Trees will be required to be mitigated per Eagle City Code Section 8-2A-7(C).
The tree removal application shall be reviewed and approved prior to the removal of any trees on the
site.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a revised landscape plan showing note 6 on sheet L2 revised to include language that any
modification of planting design is not permitted to go below the plant quantity required per code. The
revised landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat
application.
12. Provide revised picnic shelter elevations showing all four columns to have a base. The revised
elevations shall be reviewed and approved by staff and one member of the Design Review Board prior
to the submittal of a final plat application.
13. The alternative method of compliance request for the buffer area with no berm 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:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
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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.
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
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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
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
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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-2025-67) 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-1 (Residential)and R-3-DA-P(Residential with a development agreement
—PUD)zoning districts;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
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E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 17th day of November 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,May
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