Findings - DR - 2013 - DR903-13 - Construct The Common Area Landscaping In Lanewood Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT THE COMMON )
AREA LANDSCAPING WITHIN LANEWOOD )
SUBDIVISION FOR SCS KIMBERLAND,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-03-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 28, 2013. The 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:
SCS Kimberland, LLC, represented by Shawn Nickel with SLN Planning,is requesting design
review approval to construct the common area landscaping within Lanewood Subdivision. The
40.26-acre site is located on the northwest corner of West Floating Feather Road and North Linder
Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 24, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 12, 1013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with
development agreement, planned unit development, and preliminary plat for Lanewood Estates
Planned Unit Development (of which the subject property is a portion of) (Ada County File #
200700017—S/ZC/PUD/DA).
On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat applications for Lanewood Subdivision(A-03-
12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12)
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up to RUT(Ada County Agricultural
two units/acre) Designation)
Proposed No Change R-3-DA-P (Residential Single-Family, Residential
maximum three units/acre Planned Unit Development
with a development agreement
and a planned unit
development)
North of site Residential Two(up to RUT(Ada County Single-Family Residence
two units/acre) Designation) and Agricultural
South of site Residential Two(up to R-2-DA-P(Residential Legacy Development
two units/acre) maximum two units/acre with (Mosca Seca Subdivision)
a development agreement and
a planned unit development)
East of site Residential Two(up to RUT(Ada County Agricultural
two units/acre) Designation)
West of site Residential Two(up to RUT(Ada County Agricultural
two units/acre) Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
A subdivision on this site was originally approved through Ada County and with that approval;
some infrastructure was installed on this site.However,most of the site is vacant or being used for
agricultural purposes.
I. SITE DATA:
Total Acreage of Site—40.2-acres
Total Number of Lots—90
Residential—80
Commercial—0
Industrial—0
Common— 10
Buildable with Non-build agreement—2
Total Number of Units-
Single-family—80
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—70.7-acres(consisting of two(2)parcels)
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.99-dwelling units per acre Up to two(2)units per acre
2.04-dwelling units per acre maximum
(inclusive of build/non-build
lots) *
Minimum Lot Size 8,519-square feet 10,000-square feet
(Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase
of the same square-footage in
open space and a planned unit
development is applied for and
approved-per ECC Section 8-
6-5-5 [A]).
Minimum Lot Width 70-feet(Lot 7,Block 1) * 75-feet(minimum)
Minimum Street Frontage 30-feet(Lot 7,Block 1) * 35-feet(minimum)
Total Acreage of Common Area 6.74-acres* 8.05-acres(minimum)
Open Space
Percent of Site as Common 16.34% * 20%
Area Open Space Except that, according to ECC
Section 9-3-8 (C)the City may
require additional public
and/or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
Note:Approved by the Eagle City Council on December 11,2012,to remain as proposed.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on September 12, 2012, shows a 24-foot
wide common lot located adjacent to West Floating Feather Road and a 37-foot wide
common lot located adjacent to North Linder Road. West Floating Feather Road is
designated as a minor arterial and North Linder Road is designated as a principal arterial.
Pursuant to Eagle City Code Section 8-2A-7 (J) (4) (b and c) a 50-foot wide landscape
strip is required adjacent to minor arterials and a 75-foot wide landscape strip is required
adjacent to principal arterials to screen adjacent incompatible features such as highways,
railroads, commercial or industrial uses from proposed residential properties.
Open Space:
A total of 6.74-acres (16.74%) of common area is proposed within the planned unit
development. The common area is a combination of linear pathways, road buffer areas,
and street landscape islands. A minimum of 20% open space is required within a planned
unit development. Planned unit developments that contain lots that are smaller than the
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minimum lot size may be allowed if there is an "offsetting increase" of same square
footage in open space and a favorable findings is made by the Council that the smaller lots
are appropriately integrated into the design and that the building product type is
compatible with the PUD and surrounding area. The initial starting point for minimum
open space, prior to any "offsetting increase"being added, shall be the area equal to ten
percent (10%) of the site, however, the total open space shall be equal to or greater than
twenty percent(20%), inclusive of the"offsetting increase"square footage.
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&R's
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 and drainage easements to be not less than
12 feet in width. The applicant provided a preliminary plat, date stamped by the City on
September 12, 2012, which contains separate plat notes that reference the front and rear
property lines have a 12-foot wide utility easement. The preliminary also contains a
separate plat note referencing that side lot line easements have a 6-foot wide public
utilities,property drainage,and property irrigation easement.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
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.
K. BUILDING DESIGN FEATURES:
A pump house and gazebo are proposed within this development. The application and plans do
not indicate the materials or colors to be used in the construction of either structure.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees generally at each lot corner throughout the
development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. FENCING:
A four foot(4')high wrought iron fence is proposed to be located adjacent to all open spaces areas
and pathways. Lots 26, 38, and 41,Block 2, (located adjacent to open space that abuts West
Frenchglen Drive),in addition to all lots located adjacent to common areas that abut Floating
Feather Road, Linder Road,North Champions Way, and West Olde World Street are proposing a
six foot(6')high taupe vinyl fence.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Central District Health Department has been received by the
City. A water service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
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W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,which
appear to be of special concern, are noted below:
Boise River Flood Control District#10—No comment.
Chevron Pipe Line Company—No conflicts.
Central District Health—No objections.
Idaho Transportation Department—No objection.
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.—Outside their service area.
X. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
•
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
6.4 Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
6.5 Land Use Objectives
A. To encourage the conservation and preservation of open spaces,sensitive habitat for plant and
wildlife species,and unique areas based on diverse values within the City of Eagle
E. To encourage the conservation and preservation of open spaces,sensitive habitat for plant and
wildlife species,and unique areas based on diverse values within the City of Eagle
6.6 Land Use Implementation Strategies
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
W. Use smaller planning areas to help guide development in the western planning area.
6.8.2 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also ensuring
compatibility to existing large lot residential uses and transitional density as development
approaches Homer Road and the Foothills. This area is not intended to be master planned but does
require great care in planning to ensure that uses are compatible and that the Village Center serves
as an anchor of the area and is not taken over by residential uses.
A. Uses/Design
The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
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educational campus, hospitality and office uses. Non-residential uses will be focused in the
Village Center.
2. Residential Areas:
b. Decreasing densities should be allowed as the area radiates out of the village center.
The overall densities in the Village Planning Area outside of the village center shall
average 1-2 units per acre to the south of Beacon Light Road. Residential densities
north of Beacon Light should be 1-2 units per acre transitioning (feathering and
clustering) to the north and east ensuring compatibility with existing residential and
foothills development.
B. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(b)
Any road designated as a minor arterial on the transportation and pathway network plan 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(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 (J)(4)(c)
Any road designated as a principal arterial on the transportation and pathway network plan 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(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.
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• Eagle City Code Section 8-2A-7(0)
Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to land use problems.Under certain site conditions, a strict
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existing
regulations within this section.Requests for use of alternative landscaping schemes are
justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil,vegetation, or other site conditions are such that full compliance
is impossible or impractical;
c. Due to a change of use of an existing site,the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2.Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this section is to be modified,what
project conditions stated within subsection 01 of this section justify using the proposed
alternative,and how the proposed alternative equals or exceeds said requirement.
C. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 Lot 5,Block 4 and Lot 3, Block 5 shall be recognized as Buildable with Non-Build Agreement lots
("Lots') to be re-platted with a future development. The required Design Review application for
the development shall include the Lots shown as common open space lots and landscaped as
required pursuant to Eagle City Code. The Owner shall not be required to landscape the Lots
provided the Lots are actively farmed. Upon the cessation of the farming operation for more than 9
months or the adjacent property to the west is sold to another party, whichever occurs first, the
Owner shall have 180-days to construct the required landscape improvements on the Lots. Should
the Lots be re-platted, Owner shall maintain the Lots in an attractive manner including, but not
limited to weed control, mowing, irrigating, fertilization and maintenance of any landscaping on
the Lots, until such time the Lots are developed. The Owner shall provide a letter of credit, to be
maintained as the City as its beneficiary in the amount of 150% of the cost of landscaping
improvements for the Lots prior to the City Clerk signing the first final plat. Such letter of credit
shall not be terminated nor lapse without the prior written approval of the City of Eagle.
D. PRELIMINARY PLAT PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities. The design review application shall be reviewed and approved
by the Design Review Board prior to the submittal of a final plat application.
• The developer shall provide shade trees (landscape plan to be reviewed and approved by the
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Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot on the side lot lines,or as approved by the Design Review Board and
within five-feet(5')of the edge of the roadway. Prior to the issuance of any occupancy permits for
the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A
temporary occupancy may be issued if weather does not permit landscaping however, a surety in
accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all
landscape and irrigation improvements shall be provided to the City.
• The applicant shall submit a design review and alternative method of compliance applications to
address the required landscape/screening buffers to be located adjacent to North Linder Road and
West Floating Feather Road. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application The City Council desires
Design Review Board review,however the City Council acknowledges that 35-feet is a sufficient
width for the buffer area to be located adjacent to West Floating Feather Road and North Linder
Road.
• All internal pathways shall be a minimum of six feet(6') in width.
• The applicant shall provide a revised Site Plan L1.0, showing all fencing located adjacent to a
common area to be open style fencing, prior to the submittal of a design review application Lots
26, 38, and 41, Block2, (located adjacent to open space that abuts West French Glen Drive), in
addition to all lots located adjacent to common areas that abuts Floating Feather Road, Linder
Road, North Champions Way, and West Olde World Street shall be permitted to have solid
fencing. The fence design type shall be reviewed and approved by the Design Review Board; the
Design Review Board should consider the noise concerns and privacy issues for those lots located
along the roadway.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Lanewood Subdivision On July 11, 2007, the Ada County Board of County Commissioners
approved a rezone with development agreement, planned unit development, and preliminary plat
for Lanewood Estates Planned Unit Development (of which the subject property is a portion of)
(Ada County File # 200700017 — S/ZC/PUD/DA). The berm widths on both Floating Feather
Road and Linder Road required through Ada County were thirty five (35) feet. It was with this
approval that the previous developer began installing the infrastructure (i.e.: sewer, water, and
roadways). On December 11, 2012, the Eagle City Council approved an annexation, rezone,
conditional use, preliminary development plan, and preliminary plat applications for Lanewood
Subdivision(A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12). The Council determined that
because a significant amount of infrastructure had already been installed with the previous Ada
County approval that the thirty five(35) foot wide berms along Floating Feather Road and Linder
Road were sufficient width for the buffer area instead of the fifty(50) foot required on Floating
Feather Road and the seventy five (75) foot required on Linder Road. The Council required the
applicant to submit an alternative method of compliance application to be reviewed and approved
by the Board to address the proposed buffers along Floating Feather Road and Linder Road. Staff
defers comment regarding the quantity and type of plant material proposed within the thirty five
(35) foot wide landscape buffer proposed along Floating Feather Road and Linder Road to the
Design Review Board.
• Pursuant the Councils action on December 11, 2012, the landscape plans date stamped by the City
on January 25, 2013, show all deciduous and flowering trees to be two (2) inch caliper and all
evergreen trees to be four to six(4 to 6) feet in height.
• A pump house and gazebo are proposed within this development. The applicant has provided
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photos of a typical pump house and gazebo but no drawings showing details(i.e.: materials,size,
colors, etc.) to be used in the construction of either structure. The applicant should be required to
provide detailed elevation plans showing the size, height, materials,colors, etc. to be used in the
construction of the pump house and gazebo. The detailed elevations should be reviewed and
approved by the Design Review Board prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the 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 28, 2013,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Grubb absent)to approve DR-03-13 for a design review application to
construct the common area landscaping within Lanewood Subdivision for SCS Kimberland, LLC,
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 any applicable conditions of Lanewood Subdivision(A-03-12/RZ-03-12/CU-03-
12/PPUD-01-12/PP-01-12).
2. Provide detailed elevation plans showing the size, height, materials, colors, etc. to be used in the
construction of the pump house and gazebo. The detailed elevations shall be reviewed and approved
by the Design Review Board prior to the issuance of a zoning certificate.
3. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of any entry signage and/or entry features for this development.
5. Provide a revised landscape plan showing a five(5) foot high open style fence. The revised landscape
plan shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the
final plat.
6. Provide a revised landscape plan showing all internal pathways to be a minimum of six(6) feet in
width. The revised landscape plan shall be reviewed and approved by the Design Review Board prior
to the City Clerk signing the final plat.
7. Provide a revised landscape plan showing all deciduous trees to be a minimum of two(2)to two and
one half(2 1/2)inches in caliper and all evergreen trees to be a minimum of six(6)to seven(7)feet in
height. The revised landscape plan shall be reviewed and approved by the Design Review Board prior
to the City Clerk signing the final plat.
8. Provide a revised landscape plan showing an additional three(3) evergreen trees per one hundred
(100)linear feet of frontage adjacent to Linder Road. The revised landscape plan shall be reviewed
and approved by the Design Review Board prior to the City Clerk signing the final plat.
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9. Provide a revised landscape plan showing a six(6)foot wide pathway extending north and south from
the east/west pathway on Sheet L1.4 to the tot lot shown on Sheet L1.2. The pathway shall be oriented
along the eastern boundary of the park area in order to provide as much usable open space as possible.
The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the
City Clerk signing the final plat.
10. Provide detailed cut sheets and elevations of all amenities proposed within this development(i.e.:
pump house,benches,tables,gazebos,etc.). The cut sheets and elevations shall be reviewed and
approved by the Design Review Board prior to the City Clerk signing the final plat.
11. The alternative method of compliance, showing narrower landscape buffers along Floating Feather
Road and Linder Road, is approved with the conditions herein.
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 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 satisfactorydisposal 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.
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8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property, and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including,but not limited to,landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to 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 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.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation, recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
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. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to 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 change 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 the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
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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 application for this item was received by the City of Eagle on January 24, 2013.
2. Requests for agencies' reviews were transmitted on February 12, 2013, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-03-13) 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 as described herein.
The Board supports the alternative method of compliance, showing the narrower landscape buffers
along Floating Feather Road and Linder Road; however is recommending additional evergreen trees
along the Linder Road frontage to provide a more dense buffer.
4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-3-DA-P (residential with development agreement with a planned unit development) zoning
district.
DATED this 14th day of March 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada :n Idaho
XI/ 1 /If
•Eric R. McC ough, Chairman OF E A G,
ATTEST: * �' ,,•
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