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Findings - CC - 2026 - DR-2023-21-MOD2 - Design Review for a modification to the common area landscaping within Willowbrush Sub.BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION ) TO THE COMMON AREA LANDSCAPING WITHIN ) WILLOWBRUSH SUBDIVISION FOR MATT SWENSEN ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2023-21-MOD2 The above -entitled design review application came before the Eagle City Council for their action on April 28, 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: Matt Swensen, represented by Antonio Conti with Ackerman-Estvold, is requesting design review approval to modify the common area landscaping within Willowbrush Subdivision, specifically the combined height of the berm and fence along West Beacon Light Road and North Park Lane. The 6- acre site is located on the southwest corner of North Park Lane and West Beacon Light Road at 2795 North Park Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 20, 2026. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 18, 2025, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 25, 2022, the Eagle City Council approved an annexation, and rezone from RUT (Rural Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Willowbrush Subdivision(A-2022-05/RZ-2022-05/CU-2022-06/PPUD-2022-03/PP-2022-09). On July 9, 2023, the Eagle City Council approved a design review application for the common area landscaping within Willowbrush Subdivision (DR-2023-21). On May 8, 2024, a modification to the common area landscaping to include an irrigation pond was approved for Willowbrush Subdivision. (DR-2023 -2 1 -MOD 1) On December 10, 2024, the Eagle City Council approved a final development plan and final plat applications for Willowbrush Subdivision (FPUD-2023-09 & FP-2023-16). E. COMPANION APPLICATIONS: There are no companion applications. Page 1 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City CouncihWillowbrush Mod to Berm Findings CC.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood R-2-DA-P (Residential with a Currently under Residential (Transition development agreement — construction for a Overlay) PUD) residential subdivision Proposed No Change No Change Single -Family Residential Planned Unit Development North of site Agriculture/Rural RUT (Rural -Urban Transition Single -Family Residence — Ada County designation) and Agriculture South of site Neighborhood R1 (Residential —Ada County Single -Family Residential Residential (Transition designation) Subdivision (Rip Cord Overlay) Ranch Subdivision) East of site R-2-DA-P (Residential with a Single -Family Residential Neighborhood development agreement — Subdivision (Park Lane Residential per) Estates Subdivision) (Transition Overlay) West of site Neighborhood RI (Residential — Ada County Single -Family Residential Residential (Transition designation) Subdivision (Callaway Overlay) Ranch Subdivision) 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 been developed with curb, gutter, and sidewalk as part of Willowbrush Subdivision. J. SITE DATA: Total Acreage of Site — 4.97-acres Total Number of Lots — 13 Residential - 10 (including one [1] existing) Commercial — 0 Industrial — 0 Common — 3 Total Number of Units — Single-family — 10 Single-family attached — 0 Two-family — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 2 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx K. PARKING ANALYSIS: N/A L. GENERAL SITE DESIGN FEATURES: No Change The applicant is proposing 50-foot-wide landscaped buffer along West Beacon Light Road and a 35- foot-wide landscaped buffer along North Palmer Lane adjacent to the development. The proposed widths of the landscaped buffer areas are in conformance with Eagle City Code Section 8-2A-7(J)(4). Common Area Open Space: A total of 1.35-acres (27.1%) of open space is proposed within the subdivision. The common area open space consists of the required buffer areas along North Palmer Lane and West Beacon Light Road, a common lot (Lot 11) consisting of a gazebo, pathway and ACHD storm water facility, a common lot (Lot 14) located adjacent to the west property line for a future public pathway, planter strips, and a landscape island. 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 graded so all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: The proposed easement widths as noted on the preliminary plat, date stamped by the City on July 1, 2022, are in conformance with Eagle City Code Section 9-3-6. The existing house is served by overhead power. Fire Hydrants and Water Mains: The preliminary plat, date stamped by the City on July 1, 2022, shows a fire hydrant located at the entrance to the subdivision. Hydrants are to be located and installed as required by the Eagle Fire Department. On -site Septic System: The existing residential dwelling located in proximity to the northeast corner of the property is served by a septic system. The septic system will be abandoned during construction of the subdivision. Preservation of Existing Natural Features: The existing home is surrounded by several mature trees. The applicant will be required to preserve the existing trees or mitigate for any trees proposed to be removed. 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: No Change Proposed Building Design: Craftsman Roof. Metal (color not identified) Columns, rafters: Wood (stained) Page 3 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx N. LANDSCAPING DESIGN: No Change Retention of Existing Trees and Preservation Methods: There are 37 trees located on this site. Most of the trees are located around the existing residential dwelling unit that is to be retained. Below is a list of trees proposed to be removed or retained on the site. Tree Specie Caliper/ Height Condition Remove/ Retained Replacement Inches/Feet per ECC Cedar 40' Good condition Retain 0' Cedar 40' Good condition Retain 0' Cedar 40' Good condition Retain 0' Spruce 40' Good condition Remove 40' Crabapple 18" Dead Remove 0" Cedar 40' Good condition Retain 0' Cedar 40' Good condition Retain 0' Spruce 12' Good condition Retain 0' Crabapple 18" Good condition Retain 0" Spruce 15' Good condition Retain 0' Crabapple 18" Good condition Retain 0" Crabapple 18" Good condition Retain 0" Spruce 15' Good condition Retain 0' Crabapple 12" Good condition Retain 0" Crabapple 12" Good condition Retain 0" Spruce 15' Good condition Retain 0' Spruce 65' Fair condition Retain 0' Locust 30" Good condition Remove 30" Oak 15" Good condition Remove 15" Crabapple 3" Good condition Retain 0" Deciduous 6" Good condition Retain 0" Ash 15" Good condition Remove 15" Pine 30' Fair condition Retain 0' Pine 40' Poor condition Remove 40' Maple 24" Good condition Retain 0" Pine 40' Good condition Retain 0' Pine 45' Good condition Retain 0' Pine 40' Good condition Retain 0' Spruce 20' Good condition Retain 0' Page 4 of 16 K:Tlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx Locust 8" Good condition Remove 8" Cedar 20' Good condition Retain 0' Cedar 20' Good condition Retain 0' Pine 35' Good condition Retain 0' Pine 35' Good condition Retain 0' Pine 20' Good condition Retain 0' Cedar 25' Good condition Retain 0' Cedar 25' Good condition Retain 0' Total caliper inches/feet of trees required to be replaced on site TBD by the Design Review Board and City Council Total caliper inches of tree removed from the site 68" Total height of tree removed from the site 80' Total caliper inches proposed for mitigation 20" Total height proposed for mitigation 24' Tree Replacement Calculations: The applicant is proposing to plant twenty, 3-inch caliper trees and eight 8' to 10' tall evergreen trees to mitigate for the 68-caliper inches and 80-feet of trees being removed from this site. See discussion on page 11 for more information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along West Haverhill Court and North Park Lane. No street trees have been proposed along West Beacon Light Road. 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: No Change A site plan and detailed cut§beets showing location, color, style, height, and wattage of the streetlights was provided and complies 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 prior to any signage being constructed on the site. 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. T. PUBLIC USES PROPOSED: No public uses are proposed. Page 5 of 16 KAPlanning Dept\Eagle Applications\Drr\2023\Willowbmsh Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx 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 — several trees located at the northeast corner of the property 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. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department New Dry Creek Ditch M-11N00of%&9 wi@)u00:INall1.10to 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: 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; Page 6 of 16 KAPlanning Dept\Eagle App1ications\Dr\2023\Wi11owbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berth Findings CC.docx 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: 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 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. 6.6.1 Village Planning Area Uses/Design b. Densities should decrease as distance increases from the Village Center. The overall densities in the Village Planning Area and, in the Neighborhood, Residential designation, south of Beacon Light Road, should average 1-2 units per acre. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the all common areas throughout the development, 3) landscape screening details and buffering for the common lots located adjacent to North Park Lane and West Beacon Light 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 Page 7 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx 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 Design Review Board and City Council prior to the submittal of a final plat application. 3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 4. The developer shall provide shade -class (Class II) 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. 5. Provide a revised fencing exhibit identifying open style fencing located along the north and west property line of Lot 11. The fencing exhibit shall also show an option for 6-foot high privacy fencing (vinyl) with decorative columns spaced 60-feet apart located adjacent to the buffer berms, in the event the proposed fence is visible from the adjacent roadway. The revised fencing exhibit shall be provided prior to signature of the development agreement associated with the rezone. 6. 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). 8. Provide a revised preliminary development plan and preliminary plat noting and identifying the location of the accessory structures to be removed. The revised preliminary development plan and preliminary plat shall be submitted prior to submittal of a design review application. 9. The accessory structures located on the site shall be removed prior to the City Clerk signing the final plat. 10. The applicant shall be required to remove the overhead power serving the existing house located at the northeast corner of the property prior the City Clerk signing the final plat. Page 8 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Bern Findings CC.docx 11. The applicant shall be required to comply with the Staff Pathway Recommendations, dated August 12, 2022, prior to the City Clerk signing the final plat. 26. The applicant shall construct privacy fencing along the subdivision southern property line. The applicant shall construct open style fencing along all four (4) property lines of common Lot 11, Block 1. The fencing shall be reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat application. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-7(J)(4)(b): Any road designated as a minor arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of fifty feet (50') 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: five (5) shade trees, eight (8) evergreen trees, three (3) 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 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 (F) vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. E. DISCUSSION: The applicant is requesting design review approval to modify the common area landscaping within Willowbrush Subdivision to include an 11-foot high landscape berm and fence combined along West Beacon Light Road and North Park Lane (5-foot tall landscape berm with a 6-foot tall split face CMU wall). Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), a minimum 5-foot, maximum 8-foot 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 applicant is requesting an alternative method of compliance for the additional 3-feet of overall height to the required buffer based on the future impact of traffic noise. Staff defers comment regarding the overall height of the berm and fence combination to the Design Review Board. • The Fencing Plan, date stamped by the City on February 19, 2026, shows the proposed fence locations in relation to the berm and property lines. The fencing legend shows a split face CMU block wall with columns every 8-feet to 10-feet on center, a 5-foot tall closed vision wooden Page 9 of 16 K.\Planning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area-DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berth Findings CC.docx privacy fence, and a 6-foot tall open vision metal fence. Sheet 1 of 1, Berm and Block Wall Details, dated stamped by the City on March 2, 2026, shows a cross section of the berm, split face CMU block wall on top of the berm, and privacy fencing along the property line of the individual lots. The style of privacy fencing shown on the Fencing Plan sheet and on the Berm and Block Wall Detail sheet are different. The applicant should be required to provide a revised fencing plan and fencing legend showing the specific style of privacy fencing proposed on the property line of the individual lots adjacent to the common area buffer along West Beacon Light Road and North Park Lane. The revised fencing plan and fencing legend should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. The Fencing Plan, date stamped by the City on February 19, 2026, shows the proposed split face CMU block wall location in relation to the berm. There are areas where the contours of the berm undulate, however, the split face CMU wall continues in a straight line through all the contours of the berm. The applicant should be required to provide a detailed fencing and landscape plan showing how the berm and split face CMU block wall will interact where the berm undulates up and down in height. The detailed fencing and landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. Sheet SL1.1, date stamped by the City on February 19, 2026, shows the proposed landscaping within the buffer areas along West Beacon Light Road and North Park Lane. The 5-foot tall closed vision privacy fence is shown along the property line of the individual lots adjacent to the common area buffer along West Beacon Light Road and North Park Lane. The landscape plan does not show the location of the split face CMU block wall at the top of the berm and how the landscaping is incorporated around the split face CMU block wall. The applicant should be required to provide a revised landscape plan showing the split face CMU block wall on the landscape plan (Sheet SL1.1) and how the landscaping will be incorporated around the split face CMU block wall. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. 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 March 26, 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 alternative method of compliance for an 11-foot high buffer (combined berm and decorative wall) along West Beacon Light Road and North Park Lane to provide a greater buffer between the residential lots and West Beacon Light Road and North Park Lane. • The Board is in favor of the decorative wall with the addition of a stone or concrete cap on the walls and columns to provide protection for the top of the wall and columns. The Board is recommending the columns have more projection and architectural relief as required within site specific condition no. 8. Page 10 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx BOARD DECISION: The Board voted 5 to 0 (Mihan and Asher absent) to recommend approval of DR-2023-21-MOD2 for a design review application for a modification to the common area landscaping within Willowbrush 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 April 9, 2026. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on April 28, 2026, at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-2023-21-MOD2 for a design review application for a modification to the common area landscaping within Willowbrush 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 A-2022-05/RZ-2022-05/CU-2022-06/PPUD-2022-03/PP- 2022-09 and DR-2023-21 and any subsequent modifications. 2. Provide a revised fencing plan and fencing legend showing the specific style of privacy fencing proposed on the property line of the individual lots adjacent to the common area buffer along West Beacon Light Road and North Park Lane. The revised fencing plan and fencing legend shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. 3. Provide a detailed fencing and landscape plan showing how the berm and split face CMU block wall will interact where the berm undulates up and down in height. The detailed fencing and landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. 4. Provide a revised landscape plan showing the split face CMU block wall on the landscape plan (Sheet SL 1.1) and how the landscaping will be incorporated around the split face CMU block wall. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. No signs are proposed with this application and none are approved. 7. Provide material samples of the split face CMU block and stone or concrete cap. The material samples are required to be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. 8. Provide detailed elevation plans showing a stone or concrete cap on the top of the wall and columns. The detailed elevation plan shall show the columns projecting more from the wall to provide architectural relief in the wall. The detailed elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a fence permit for fencing within the buffer area. 9. The alternative method of compliance for an 11-foot high buffer (combined berm and decorative wall) along West Beacon Light Road and North Park Lane is approved. Page 11 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbmsh Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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. Page 12 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." 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. Page 13 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21 -MOD2\03 -Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or 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. Page 14 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-2023-21-MOD2) 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-2-DA-P (Residential 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 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 since the wall is decorative and the additional height will provide a greater buffer between West Beacon Light Road and North Park Lane and the residential lots within this development; 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. Page 15 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx DATED this 28"' day of April 2026. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: i E1 jw,q Tracy E. Os,eoN,Eagle City Clerk v �i ••i tDRI'ORP�i • ��� ov 4,818111191,11, Page 16 of 16 KAPlanning Dept\Eagle Applications\Dr\2023\Willowbrush Common Area - DR-2023-21-MOD2\03-Working Files\03-City Council\Willowbrush Mod to Berm Findings CC.docx