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Findings - CC - 2026 - DR-2025-100 - Design Review for the Common Area Landscaping within Route 44 Crossing SubdivisionBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN ROUTE 44 CROSSING SUBDIVISION FOR BLUE TERRA DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2025-100 The above -entitled design review application came before the Eagle City Council for their action on March 10, 2026. 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: Blue Terra Development, represented by Nicolette Womack with Kimley-Horn, is requesting design review approval for the common area landscaping within Route 44 Crossing Subdivision. The 15.68- acre site is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and 4400 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 18, 2025. Revised information (landscape plan) was received February 3, 2026. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 6, 2026, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 9, 2004, the City Council approved an annexation and rezone with development agreement(s) for the Van Treeck and Schenk properties and Copperfield and Sedona Creek Subdivisions (A-2004-04/R-2004-06). On July 24, 2007, the City Council approved a development agreement modification for the Schenk Property for Hawkins Companies (RZ-2004-06 MOD). On February 14, 2017, an application for a development agreement modification was submitted by Maverik, Inc. The application was subsequently withdrawn on March 20, 2017 (RZ-2004-06 MOD2). On February 7, 2018, an application for a development agreement modification was submitted by Nicoll Investments, LLC. The application was subsequently withdrawn on March 27, 2018 (RZ-2004-06 MOD3). On November 9, 2021, the City Council approved an annexation, rezone with development agreement, development agreement modification, conditional use permit, preliminary development plan, and preliminary plat for Route 44 Crossing Subdivision(A-2019-05/RZ-2019-11/RZ-2004-06 MOD4/CU- 2019-10/PPUD-2019-07/PP-2019-07). On October 25, 2022, the Eagle City Council approved a one (1) year extension of time associated with the preliminary plat for Route 44 Crossing Subdivision (EXT-2022-11). Page 1 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx On December 19, 2023, the Eagle City Council approved a second one (1) year extension of time associated with the preliminary plat for Route 44 Crossing Subdivision (EXT-2023-10). On January 9, 2024, the Eagle City Council approved a Design Review application for common area landscaping for Route 44 Crossing Subdivision (DR-2023-53). This application has expired. On August 27, 2024, the Eagle City Council approved a final development plan and final plat for Route 44 Crossing Subdivision, a 71-lot (4 1 -single-family [inclusive of 9 live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20-common) residential/commercial planned unit development (FPUD-2024-02 & FP-2024-04). This application has expired. E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial and Mixed C-1-DA-P (Neighborhood Vacant parcels Use Business District with a development agreement - PUD) Proposed No Change No Change Residential/Commercial subdivision North of site Neighborhood R-2-DA (Residential with a Single-family residential Residential with a development agreement) and subdivision (Sedona Creek Residential Transition R-9-DA (Residential with a Subdivision) and single - Overlay development agreement) family subdivision (Skyview Subdivision) South of site Mixed Use MU-DA (Mixed Use with a Future commercial development agreement) buildings (Riverwood Condos) East of site Mixed Use C2 (Community Commercial Convenience — Ada County designation) Store/Restaurant with Fuel Center West of site Compact Residential RUT (Rural -Urban Transition Church and multi -family with a Residential — Ada County designation) residential subdivision Transition Overlay and MU-DA-P (Mixed Use (Enfield Commons with development agreement Subdivision) — PUD) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the city-wide Design Review Overlay District. H. URBAN RENEWAL AREA: The site is not located within the Urban Renewal Area. I. EXISTING SITE CHARACTERISTICS: The site has existing trees that are proposed to be removed. Page 2 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docX J. SITE DATA: Total Acreage of Site — 15.68-acres Total Number of Lots — 71 Residential — 41 (inclusive of 9-live/work lots) Commercial — 10 (inclusive of 2-storage unit lots) Industrial — 0 Common — 20 Total Number of Units — 41 Single-family — 0 Single-family attached — 41 (inclusive of 9-live/work lots) Total Acreage of Any Out -Parcels — none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 7.14-units per acre* 7.14-dwelling units per acre (as limited within the development agreement) Minimum Lot Size 2,976-square feet 2,000-square feet (minimum) Minimum Lot Width 37.5-feet 25-feet (minimum) Minimum Street Frontage 18-feet 35-feet (minimum) Total Acreage of Common Area 2.55-acres 1.15-acres (minimum) Percent of Site as Common Area 16.2% 15% (minimum) * Based on the residential area of the development (not inclusive of the C or D Streets). K. PARKING ANALYSIS: N/A L. GENERAL SITE DESIGN FEATURES: Open Space and Landscape Screening: The preliminary plat, date stamped by the City on April 9, 2021, shows a 35-foot-wide common lot (Lot 53, Block 1) located adjacent to S. Linder Road (as identified on the preliminary plat). A landscaped buffer berm is proposed within the 35-foot-wide common lot. There is a 973-square foot landscaped common lot (Lot 1, Block 1) located on the north side of A Street in proximity to the intersection of S. Linder Road. The preliminary plat identifies a 9,422-square foot lot (Lot 17, Block 1) located on the north side of C Street approximately 95-feet west of the intersection of A Street and C Street. Lot 17, Block 1, will contain a proposed park. The proposed park is shown to contain a shelter with picnic tables, a 5-foot-wide sidewalk providing access to the shelter, and a park bench. The preliminary plat shows a 60-foot-wide common lot (Lot 43, Block 1) located adjacent to State Street/Highway 44. A 5-foot-wide sidewalk is shown within Lot 43, Block 1. Also, Lot 43, Block 1, is encumbered by a 60-foot-wide canal easement. The preliminary plat shows 8-common lots (Lots 16, 19, 27, 35, 55, 62, 64, and 71, Block 1) located between the street side lot lines and the street. 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. Page 3 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 -Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide. The preliminary plat, date stamped by the City, indicates public utility, irrigation, and lot drainage easements will be located adjacent to any public street (there are no public streets located within the development) and the rear lot lines. There are overhead powerlines located along S. Linder Road north of C Street, and a powerline running 340-feet north from State Street/Highway 44 into the site approximately 220-feet from the eastern property line. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On -site Septic System —No Pressurized Irrigation: The applicant provided a Preliminary Irrigation Feasibility report, date stamped by the City on January 24, 2020 (attached to the staff report). Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. 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: Craftsman Pump House Roof: Metal (Midnight Bronze) Walls: Hardiboard siding (Pearly White), board and batten siding (Pearly White) Windows/Doors: Metal (Anodized Black) Fascia/Trim: Metal (Anodized Black, Cityscape) Picnic Shelter Roof. Metal (Midnight Bronze) Columns: Metal (Snowbound), brick (White) Fascia/Trim: Metal (Cityscape) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The mitigation plan provided with the design review application shows 146 existing trees on the site that are to be removed. Below is a complete list of existing trees on the site that are proposed to be removed. Tree Specie/ Tree # Caliper/ Height Condition Remove/ Retain Replacement Inches/Feet per ECC Cottonwood 10" Multi -trunk Remove TBD 1-7, 35, 40-42, 5" Healthy Remove (415') 45, 47-60, 63, 6" Healthy Remove (20 " — dead) 67-72 11" Multi -trunk, Dead Remove 9" Healthy Remove Page 4 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 5" Healthy Remove 9" Dead Remove 16" Healthy Remove 14" Healthy Remove 14" Healthy Remove 16" Healthy Remove 6" Healthy Remove 8" Multi -trunk Remove 5" Healthy Remove 6" Healthy Remove 6" Healthy Remove 5" Healthy Remove 6" Healthy Remove 8" Healthy Remove 19" Multi -trunk Remove 4" Healthy Remove 5" Healthy Remove 72" Healthy Remove 44" Healthy Remove 12" Healthy Remove 8" Healthy Remove 45" Healthy Remove 12" Healthy Remove 11" Healthy Remove 8" Multi -trunk Remove 9" Healthy Remove 9" Multi -trunk Remove 12" Multi -trunk Remove Pine 453 Healthy Remove 615' 8-11, 133 15- 35' Healthy Remove (12'— dead) 16, 19, 27, 37- 45' Healthy Remove 39, 44, 101- 102, 104 50' Healthy Remove 40' Healthy Remove 12' Dead Remove Page 5 of 24 KAPlanning Dept\Eagle Applications\SubdiAsions\Route 44 Crossing\03 -Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 45' Healthy Remove 50' Healthy Remove 25' Healthy Remove 45' Multi -trunk Remove 45' Multi -trunk Remove 45' Multi -trunk Remove 25' Healthy Remove 45' Healthy Remove 45' Healthy Remove 30' Healthy Remove Birch 7" Dead Remove 0" 12 (7" — dead) Russian Olive 6" Healthy Remove TBD 14, 17-18, 20, 8" Healthy Remove (117') 23-26, 30, 32, 14" Healthy Remove 46, 61-62 7" Healthy Remove 6" Healthy Remove 7" Healthy Remove 7" Multi -trunk Remove 20" Multi -trunk Remove 5" Multi -trunk Remove 14" Healthy Remove 9" Multi -trunk Remove 7" Multi -trunk Remove 7" Multi -trunk Remove Tree of 7" Healthy Remove TBD Heaven 8" Healthy Remove (83') 21-22, 29, 31, 599 Healthy Remove 33-34, 36, 43 5" Healthy Remove 13" Healthy Remove 6" Healthy Remove 32" Healthy Remove 7" Healthy Remove Arborvitae 30' Multi -trunk, shrub Remove TBD Page 6 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 28, 97-98 20' 20' Shrub Shrub Remove Remove (70 ) Poplar 5" Multi -trunk Remove TBD 64-66 15" Healthy Remove (24') 4" Multi -trunk Remove Black Locust 4" Multi -trunk Remove TBD 73-94, 99, 5" Multi -trunk Remove (567') 103, 105-146 5" Healthy Remove (71 " — dead) 4" Multi -trunk Remove 5" Multi -trunk Remove 12" Multi -trunk Remove 14" Healthy Remove 7" Healthy Remove 10" Multi -trunk, dead Remove 11" Multi -trunk, dead Remove 18" Healthy Remove 16" Healthy Remove 18" Healthy Remove 20" Healthy Remove 10" Healthy Remove 8" Healthy Remove 10" Healthy Remove 15" Healthy Remove 10" Multi -trunk Remove 10" Healthy Remove 9" Multi -trunk Remove 12" Multi -trunk Remove 7" Multi -trunk Remove 9" Multi -trunk Remove 14" Multi -trunk Remove 5" Multi -trunk Remove 7" Multi -trunk Remove 5" Healthy Remove 4" Healthy Remove Page 7 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 6" Healthy Remove W9 Healthy Remove 35" Healthy Remove 7" Healthy Remove 7" Healthy Remove 6" Healthy Remove 6" Healthy Remove 6" Healthy Remove 7" Healthy Remove 16" Multi -trunk, dead Remove 30" Healthy Remove 7" Multi -trunk Remove 14" Top cut off Remove 26" Healthy Remove 20" Healthy Remove 20" Declining, poor health Remove 7" Healthy Remove 6" Healthy Remove T' Healthy Remove 7" Healthy Remove 6" Healthy Remove 5" Healthy Remove 6" Healthy Remove 7" Healthy Remove 7" Healthy Remove 7" Healthy Remove 6" Healthy Remove 7" Healthy Remove 7" Healthy Remove 6" Healthy Remove 6" Healthy Remove 5" Healthy Remove 4" Healthy Remove 7" Healthy Remove Page 8 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 7" Healthy Remove 7" Multi -trunk Remove 6" Multi -trunk Spruce 30' Healthy Remove 65' 35' Healthy Remove Total caliper inches/feet of trees required to be replaced TBD by the Design on site Review Board and City Council Total caliper inches/feet removed from the site —1206" —750' 98 " (dead) 12 ' (dead) 1,206" (undesirable) 750' (healthy) Total caliper inches proposed for mitigation 228" (equivalent to 114 trees) Tree Replacement Calculations: The applicant is proposing to mitigate for the healthy Pine and Spruce trees only. The applicant is proposing to add 57, 4-inch caliper Ash and Hornbeam trees along the north property line totaling 228-caliper inches towards mitigation. See discussion on page 17 for more information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along West Amboy Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A O. TRASH ENCLOSURES: N/A P. MECHANICAL UNITS: N/A Q. OUTDOOR LIGHTING: A lighting plan showing location, height, illumination type, and wattage was received. The lighting on the picnic shelter includes a non -opaque covering that does not comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the City prior to any signs being constructed 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 service area and within the boundaries of the Eagle Sewer District. Page 9 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 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 — Along the west property line approximately 360-feet north of SH-44 and within the northeast corner of the property. Riparian Vegetation - no Steep Slopes - no Stream/Creek - Yes — Middleton Mill Canal 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. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Department of Environmental Quality Eagle Fire Department Eagle Sewer Department 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; Page 10 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.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; 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. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. 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. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. Page 11 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-Cit3r Council\Route 44 Crossing Sub LS Findings CC.docx 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City, at its sole discretion, determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.6 The conditions, covenants and restrictions for the Property shall contain at least the following: (c) A requirement for all fencing to be installed as shown on the Fencing Concept Plan (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. 3.8 The applicant shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential area located adjacent to North Linder Road 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. 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 or prior to the issuance of a building permit application, whichever comes first. 3.9 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the City Council) shall be provided prior to the submittal of a final plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 3.11 Owner shall comply with all pathway requirements as identified in Exhibit "E" provided within the PPRC recommendation memorandum dated, June 2, 2021. All pathways shall be constructed prior to the City Clerk signing the first final plat. C. PRELIMINARY DEVELOPMENT PLAN SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 17. All overhead power serving the site internally shall be removed prior to the City Clerk signing the final plat or issuance of the first building permit, whichever occurs first. 19. Provide a revised preliminary plat showing an attached 5-foot-wide sidewalk located on each side of the alley lots (Lots 18, 26, and 34, Block 1). The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 22. 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. 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. Page 12 of 24 KAPlanning DeptTagle Applications\SubdMsions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 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. 24. 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). 28. The applicant shall replace the existing vinyl fence (located along the shared property line with Sedona Creek Subdivision) with a 6-foot-high composite fence. The color and style of fencing shall be reviewed and approved by the Design Review Board and City Council prior to installation. The composite fence shall be constructed during Phase 1 of the development prior to the City Clerk signing the final plat or prior to the issuance of the first building permit, whichever occurs first. 29. The applicant shall add landscaping consisting of shrubs and a minimum of 4-inch caliper trees along the common border shared between Route 44 Crossing Subdivision and Sedona Creek Subdivision. The applicant shall work with the Sedona Creek Subdivision homeowner's association to review and approve the landscape plan prior to submittal of the design review application. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • 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. b. When a homeowners association or its agent removes tree(s) from a subdivision common area to appropriately thin an overgrown canopy, replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by Page 13 of 24 KAPlanning Dept\Eagle Applicadons\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx the city. 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. d. In cases where the condition of the tree(s) constitutes an "emergency" as defined in section 8-1-2 of this title, the tree(s) may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6), or to the drip line, whichever is furthest from the trunk. 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: 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: c. Any road designated as a principal arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be Page 14 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 -Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx 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(L): Landscaped Commercial Strips: 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. 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 8-2A-7(0): Alternative Methods of Compliance: 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. • Eagle City Code Section 8-4-4-2(A): Site and Building Lightings: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 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. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty (320) watts. b. The light fixture shall be no higher than seventeen feet (IT). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; Page 15 of 24 K:\Planning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 -Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx (2) The lighting shall be installed, operated, -and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way, required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. E. DISCUSSION: The applicant is requesting design review approval for the common area landscaping within Route 44 Crossing Subdivision, a 71-lot (41-single-family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20 common) residential/commercial planned unit development. The common area consists of street trees, a landscape buffer along North Linder Road, picnic shelter, barbeques, benches, and pathways. The landscaping associated with the townhomes, live/work units, and commercial lots will be reviewed with each design review application for the buildings. Staff defers comment regarding the common area landscaping to the Design Review Board. The applicant is proposing to remove 146 trees from the site. The applicant is proposing to mitigate for the Pine and Spruce trees (750-feet) and not mitigate for the Cottonwood, Birch, Russian Olive, Tree of Heaven, Poplar, and Black Walnut trees. The applicant is proposing to add 57, 4-inch caliper trees along the north property line of the site to be counted towards mitigation; however, preliminary plat site specific condition no. 6 requires 4-inch caliper trees to be planted along the common border shared between Route 44 Crossing Subdivision and Sedona Creek Subdivision. The applicant has also provided an exhibit showing how the site would be impacted if additional trees were required. Trees along the north property line counted towards mitigation O O • � � ; �? _ � OQ.: O Q.O Q_.�_Q O.Q.. Q Page 16 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx Additional trees if trees along the north property line are not allowed to be counted towards mitigation coo Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A- 7(C)(2)(c), unless it is determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of Black Locust, Silver Maple, and Cottonwood trees do not require replacement. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of caliper inches is required to be replanted and for each vertical foot of coniferous tree removed, an equivalent amount of vertical feet is required to be replanted. Staff defers comment regarding the removal of the trees and proposed mitigation to the Design Review Board. If the City approves the removal of the trees and accepts the proposed mitigation, no additional trees are required. -OR- If the City approves the removal of the trees, does not accept the proposed mitigation, and only requires mitigation for the Spruce and Pine trees, the applicant should provide a revised landscape plan showing the addition of 107, 2-inch caliper or 107, 6-7-foot tall trees. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. -OR- If the City approves the removal of the trees and does not accept the proposed mitigation, the applicant may elect to make a financial contribution to the tree fund in the amount of $45,000.00 (750-feet X $60/foot) in lieu of retaining all trees on the site. -OR- Any other combination of planting additional trees on site and/or a contribution to the tree fund as may be approved by the City. A revised landscape plan and/or contribution to the tree fund should be reviewed and approved and/or submitted to the City prior to the submittal of a final plat application or commencement of any construction/demolition on the site, whichever occurs first. Page 17 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx • The landscape plan shows a 4-foot tall berm with a 6-foot tall CMU wall with columns within the buffer area along North Linder Road. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c), a minimum 10-foot to maximum 12-foot tall berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof is required within the buffer area. Staff defers comment regarding the proposed CMU wall with columns to the Design Review Board. • The landscape plan shows a 10-foot wide buffer area between the commercial lots and pathway, ditch, and right-of-way. The applicant is proposing a plant palette for landscape buffer that would be utilized as each commercial lot comes through the design review process. Staff defers comment regarding proposed plant palette to the Design Review Board. • The overall landscape plan (Sheet L 1.0) shows the entirety of the site; however, 30 scale sheets for the area along the south and east portion of the commercial lots (shown in red) were not received. The commercial area east of North Needles Avenue does not include landscaping north of the pathway and around the pump house (shown in green). The expired design review application (DR- 2023-53) showed the entire site in 30 scale, including the landscaping north of the pathway within the commercial lots. The applicant is proposing the same landscaping and staff is requesting the landscape plan with this application be updated to reflect the same. Previously approved/expired landscape plan --------------- ------------------------------ - r--------- I _ 1 3 of � x 1 1 -.x, woman �[ e.zn r, �••• 1 i f ... -.� w e,.n rtt� � .nuwoswrccr,o.�wrt ----'� I I Submitted landscaping plan --------------------, Y. ----- ----------- SHEET L1.1 , SHEET L1.2 per' lam_ I k0 I The applicant should be required to provide a revised landscape plan showing landscaping north of the pathway (east of North Needles Avenue) and around the pump house. Plan sheets for the commercial area should be submitted in 30 scale. The revised landscape plan and 30 scale plan sheets should be reviewed and approved by staff and one member of the Design Review Board Page 18 of 24 K:\Planning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx prior to submittal of the final plat application. • The photometric plan shows lighting proposed on a commercial building (area highlighted in yellow); however, the buildings are not being reviewed with this application. All lighting for future buildings will be reviewed with the design review application for those buildings. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 12, 2026, 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 landscape plan with the addition of site specific condition no. 9 and 10 to address the Board's concerns regarding the continuity of landscaping between the commercial lots and timing of the landscape buffer north and east of the pathway along State Highway 44 and North Linder Road. The Board is in favor of the proposed tree removal and recommends mitigation for the 107-trees through the addition of trees within the common area, increase in caliper inches or height, and/or contribution to the tree fund. • The Board discussed the possibility of addition a fence on the south side of the pathway adjacent to the open ditch along State Highway 44; however, the Board recommended leaving it up to the applicant if they want to propose a fence. BOARD DECISION: The Board voted 5 to 0 (Murphy absent) to recommend approval of DR-2025-100 for a design review application for the common area landscaping within Route 44 Crossing 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 February 26, 2026. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on March 10, 2026, at which time the Council made their decision. Page 19 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx COUNCIL DECISION: The Council voted 4 to 0 to approve DR-2025-100 for a design review application for the common area landscaping within Route 44 Crossing Subdivision, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of A-2019-05/RZ-2019-11/RZ-2004-06-MOD4/CU-2019- 10/PPUD-2019-07/PP-2019-07. 2. The City approves the removal of the trees and requires mitigation of 107 trees to be planted onsite within the common area. The applicant may use a combination of planting additional trees on site, adding larger trees (increase caliper inches [deciduous], increase height [conifer]), and/or a contribution to the tree fund as may be approved by the City. A revised landscape plan and/or contribution to the tree fund shall be reviewed and approved and/or submitted to the City prior to the submittal of a final plat application or commencement of any construction/demolition on the site, whichever occurs first. 3. Provide a revised landscape plan showing landscaping north of the pathway (east of North Needles Avenue) and around the pump house. Plan sheets for the commercial area shall be submitted in 30 scale. The revised landscape plan and 30 scale plan sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. 4. All lighting for future buildings shall be reviewed with the design review application for those buildings. 5. No ground mounted mechanical units are proposed with this application and none are approved. 6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 7. No signs are proposed with this application and none are approved. 8. Provide physical material and color samples for all common area structures. The material and color samples shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. 9. Provide a revised landscape plan including a suggested landscape palette to be utilized by all future commercial lots. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. 10. Provide a revised landscape plan showing the landscaping proposed within the 10-foot wide landscape buffer north of the pathway along State Highway 44 and east of the pathway along North Linder Road. The 10-foot wide landscape buffer shall be installed with the common area landscaping for the subdivision. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. 11. The area identified as future enclosed storage shall not be utilized for storage of outdoor materials including staging and construction materials vehicles and contractor Qarkin& 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 20 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.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 21 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.do" 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 22 of 24 K:\Planning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 -Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-2025-100) 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 Page 23 of 24 KAPlanning DeptTagle Applications\Subdivisions\Route 44 Crossing\03 -Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx application within the C-1-DA-P (Neighborhood Business District with a development agreement - PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning distript — Not applicable for a landscape plan; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development — Not applicable for a landscape plan; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable 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 10' day of March 2026. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: O 1 �• ��l•••.....•C� •,� G, O�PORgT:• Tracy E. Osbo age City Clerk SEAL • �/kPURA�•s• � � 1./l...Msa Page 24 of 24 KAPlanning Dept\Eagle Applications\Subdivisions\Route 44 Crossing\03 - Route 44 Crossing Sub LS - DR-2025-100\03-Working Files\03-City Council\Route 44 Crossing Sub LS Findings CC.docx