Findings - 2026 - DR-2023-08-MOD1 - Design Review for a modification to the common area landscaping within Shingle Creek SubBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MODIFICATION TO )
THE COMMON AREA LANDSCAPING WITHIN )
SHINGLE CREEK SUBDIVISION FOR COOK )
BROTHERS CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2023-08-MOD1
The above -entitled design review application came before the Eagle Design Review Board for their action
on July 23, 2026. The Eagle Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cook Brothers Construction, represented by Mike Cook, is requesting design review approval to
modify the common area landscaping within Shingle Creek Subdivision, specifically the addition of a
composite fence on top of the berm along State Highway 44. The 4.41-acre site is located on the north
side of State Highway 44 approximately 400-feet west of the intersection of West State Street and State
Highway 44 at 2500 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 1, 2026. Supplemental information
(cross section, fence details) was received July 8, 2026.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 27, 2026, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2007, the City Council approved a comprehensive plan amendment, annexation, rezone
with development agreement and a 16-lot preliminary plat for Countryland Subdivision (CPA-2006-
03/A-2006-09/RZ-2006-10/PP-2006-11).
On February 12, 2008, Eagle City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2009 (PP-2006-11-EXT).
On October 28, 2008, the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2010 (EXT-2008-18).
On January 26, 2010, the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2011 (EXT-20 10-0 1).
On January 25, 2011, the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2012 (EXT-201 1 -0 1).
On June 26, 2012, the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2013 (EXT-2012-04).
On March 12, 2013, the City Council approved a development agreement modification associated with
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Countryland Subdivision (RZ-2006-10-MOD).
On March 12, 2013, the City Council approved a preliminary plat modification for Countryland
Subdivision (PP-2006-11-MOD).
On June 25, 2013, the City Council approved a final plat for Countryland Subdivision (FP-2013-02).
The development agreement terminated on July 24, 2012, based on the development not being
completed (Ada County instrument No. 107108881).
On September 13, 2022, the City Council approved a rezone from A-R (Agricultural -Residential) and
R-2-DA (Residential with a development agreement) to R-2-DA-P (Residential with a development
agreement — PUD, conditional use permit, preliminary development plan, and preliminary plat for
Shingle Creek Subdivision, a 12-lot (9-buildable, 3-common) residential planned unit development
(RZ-2022-06/CU-2022-07/PPUD-2022-04/PP-2022-10).
On May 9, 2023, the City Council approved a design review application for the common area
landscaping within Shingle Creek Subdivision.
On September 26, 2023, the City Council approved a final development plan and final plat for Shingle
Creek Subdivision, a 12-lot (9-buildable, 3-common), residential subdivision (FPUD-2023-02 & FP-
2023-06).
E. COMPANION APPLICATIONS:
There are no companion applications.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Large Lot Residential
R-2-DA-P (Residential with a
Single -Family Residential
development agreement —
Subdivision
PUD)
Proposed
No Change
No Change
No Change
North of site
Large Lot Residential
R-2-DA (Residential with a
Single -Family Residential
development agreement)
(Countryland Subdivision)
South of site
Mixed Use
R-4 (Residential)
State Highway 44, Mixed
Use Development
(Stillwater Subdivision)
East of site
Neighborhood
R-2-DA-P (Residential with a
Single -Family Residential
Residential
development agreement —
(Countryside Estates
PUD)
Subdivision No. 3)
West of site
Large Lot Residential
R-1 (Residential)
Single -Family Residential
(Timberland Estates
Subdivision)
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G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the city-wide Design Review Overlay District.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is or is not located within the wildland-urban interface overlay district.
I. URBAN RENEWAL AREA:
The site is not located within the Urban Renewal Area.
J. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, and sidewalk as part of Shingle Creek Subdivision.
K. SITE DATA: No Change
Total Acreage of Site — 4.41-acres
Total Number of Lots — 12
Total Number of Units —
Residential — 9
Commercial — 0
Industrial — 0
Common — 3
Single-family — 9
Single-family attached — 0
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
2.04-units per
2.04-units per acre maximum (as limited
acre
within the development agreement)
Minimum Lot Size
13,295-square
17,000-square feet
feet
Except that a decrease of minimum lot size in a
subdivision may be allowed if there is an offsetting
increase of the same percentage in open space and a
planned unit development is applied for and approved) —
pursuant to ECC Section 8-6-6-5 (A). The applicant has
provided .53-acres of offsetting increase of open space.
The offsetting increase of the required percentage in
open space has been provided.
Minimum Lot Width
85-feet
50-feet
Minimum Lot Frontage
35-feet
35-feet (minimum)
Total Acreage of Common Area
42,340-square
38,420-square feet (.88-acres) (minimum)
feet (.97-acres)
Percent of Site as Common Area
22%
20% (minimum)
Percent of Common Area Open
16.6%
15% (minimum)
Space as Active Open Space
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L. PARKING ANALYSIS: N/A
M. GENERAL SITE DESIGN FEATURES: No Change
Landscape Screening:
The preliminary plat, date stamped by the City on May 27, 2022, shows a 75-foot-wide common lot
located along West State Street/HWY 44 with a 10-foot-wide pathway located within the common lot.
Common Area Open Space:
A total of .97-acres (22%) of open space is proposed (inclusive of the planter strips and landscape
island). A total of 7,052-square feet (16.6%) of the common area open space is active open space. The
required buffer area located adjacent to State Highway 44 will be contained within a common lot. A
common lot will contain a pathway to the 75-foot wide buffer common lot. The remaining common lot
will contain a surface filtration system, a 14-foot-wide access to allow the canal company access to
their facilities (manholes), pressurized irrigation pump house, and a small play area.
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.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System:
It is unknown if the dwelling, which was removed, was served by a septic system. The applicant will
be required to abandon the septic system if one existed at the time.
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:
There are several mature trees located within the site. The trees are located along the east and west
property line. There is also a cluster of mature trees from the southern property line approximately 160-
feet into the site. The applicant has provided a Certified Arborist Report from Brian Jorgenson, date
stamped by the City on March 16, 2022 (attached to the staff report).
N. BUILDING DESIGN FEATURES: No Change
Picnic Shelter, 11' 4"
Roof. Metal (Roman Blue)
Columns: Metal (Light Stone)
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O. LANDSCAPING DESIGN: No Change
Retention of Existing Trees and Preservation Methods: The arborist report provided with the design
review application shows 58 existing trees on the site. The applicant is proposing to remove three trees
and retain and protect the remaining 55 trees.
Pursuant to the mitigation plan, the existing trees on the site proposed for removal are Black Walnut
and Ponderosa Pine. Below is a complete list of existing trees on the site that are proposed to be
removed.
Tree Specie
Caliper/
Condition
Remove/
Replacement
Height
Retained
Inches/Feet per
ECC
Black Walnut
12"
Fair
Remove
TBD
14"
Fair
Remove
Ponderosa Pine
30'
Good
Remove
30'
Total caliper inches/feet of trees required to be replaced
TBD by the
on site
Design Review
Board and City
Council
Total caliper inches removed from the site
—26"
(deciduous)
30' (conifer)
Total caliper inches proposed for mitigation
12"
55-existing trees
Tree Replacement Calculations: The applicant is retaining 55 trees on the site and proposing to add 6,
2-inch caliper trees within the common areas in excess of code requirements towards mitigation. See
discussion on page 10 for more information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Timber Wolf Place.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
P. TRASH ENCLOSURES: N/A
Q. MECHANICAL UNITS: N/A
R. OUTDOOR LIGHTING:
There are existing streetlights within the subdivision that were installed with the common area
landscaping (DR-2023-08).
S. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the issuance of any sign permit.
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T. 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.
U. PUBLIC USES PROPOSED:
No public uses are proposed.
V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisition map currently exists.
W. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat — yes — within the existing trees
X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment is not required for this application.
Y. 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
Z. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
AA. 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.
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2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential
and Agricultural/Rural designations.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
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signage, 2) planting details within the common areas throughout the development, 3) elevation
plans for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) proposed useable
amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6)
all proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The
design review application shall be reviewed and approved by the Eagle Design Review Board
and City Council prior to the submittal of a final plat application.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
14. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
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):
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 three feet (T)
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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.
E. DISCUSSION:
• The applicant is requesting design review approval to modify the common area landscaping within
Shingle Creek Subdivision to add a 6-foot tall composite fence with columns every 50-feet on top
of the existing berm. The existing berm was approved to be 10-feet tall as shown in the cross section
below and was installed per the approved plans.
Approved cross section
0-11PN VI'I NME
v BERM SECTION AT STATE STREET
The cross section originally provided did not accurately depict the grade difference as measured
from the centerline of State Highway 44. Due to the grade difference, the berm installed is 5-foot,
1 3/4-inch high as measured from the centerline of State Highway 44 to the top of the berm.
Proposed cross section
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The applicant is proposing to add a 6-foot tall composite fence with columns every 50-feet to the
top of the berm to obtain an overall height of 11-foot, 1 3/4-inch high as measured from the centerline
of State Highway 44 (5-foot, 1 %-inch tall landscape berm, a 6-foot tall composite fence). Pursuant
to Eagle City Code Section 8-2A-7(J)(4)(b), a minimum 10-foot, maximum 12-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. Staff defers comment regarding the
proposed composite fencing with columns proposed on top of the berm to the Design Review
Board.
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 July 23, 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 style, materials, and colors of the proposed composite fence and colors
with the addition of site specific no. 3 to ensure the existing landscaping is not impacted by the footings
from the columns or fence posts.
BOARD DECISION:
The Board voted 4 to 0 (Grubb and Mihan absent) to recommend approval of DR-2023-08-MOD1 for a
design review application for a modification to the common area landscaping within Shingle Creek
Subdivision, specifically the addition of a composite fence on top of the berm along State Highway 44, with
the following staff recommended site specific conditions of approval and standard conditions of approval
with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-2022-06/CU-2022-07/PPUD-2022-04/PP-2022-10 and
DR-2023-08 and any subsequent modifications.
2. No signs are proposed with this application and none are approved.
3. Provide a revised landscape plan including a fence detail showing the full length of the fence and
locations of the columns. Provide an as -built plan of the location of all existing trees and shrubs in
relation to the fence and columns so as not to conflict with the root systems. The revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to
installation of the fence.
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.
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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.
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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.
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15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
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.
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27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2023-08-MOD1) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the 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 modification to the 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
addition of fence and columns meets the required height for the buffer requirements for a residential
subdivision;
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 the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
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DATED this 13t1i day of August 2026.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Walter Li I
ren, Chairman
,,9`i.111 11117i1I
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Tracy E. orn, Eagle City Clerk •;%. S EA L
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