Findings - DR - 2005 - DR-139-04 - Common Area Landscaping In Westover Lakes Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN WESTOVER LAKES
SUBDIVISION FOR NAGY SPRINGCREEK LLC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-139-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 13, 2005. 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. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 9, 2004.
B. NOTICE TO AGENCIES:
Requests for agencies' reviews were transmitted on December 10, 2003, in accordance with the
requirements of the Eagle City Code.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 23, 2004, the Eagle City Council approved the preliminary plat application (PP-6-
04) for Westover Lakes Subdivision.
D. COMPANION APPLICATIONS: None
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Two (up to A-R (Agricultural-Residential) Residence/ Pasture
two dwelling units per
acre) & Floodway
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Floodway & Residential A-R (Agricultural-Residential) & R- South Channel of the
Two (up to two dwelling 2-P (Residential PUD) Boise River & Two
units per acre) Rivers Subdivision PUD
South of site Mixed Use LO-DA-P (Limited Office with Cottonwood Creek PUD
Development Agreement & PUD)
East of site Residential Two (up to Eagle Road & A-R (Agricultural- Eagle Road & Proposed
two dwelling units per Residential) Laguna Point
acre) Subdivision PUD
West of site Floodway & Residential R-2-P (Residential PUD) Streamside Subdivision
Two (up to two dwelling PUD
units per acre)
F. DESIGN REVIEW OVERLAY DISTRICT: Not located in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site - 26. 18-acres
Total Number of Lots - 32
Residential - 26
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 26
Single-family - 26
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre 1.25-units per acre* 2-units per acre maximum
(.99-units per acre)
Minimum Lot Size 17,002-square feet 17,000-square feet
Minimum Lot Width 100-feet 75-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area 9.74-acres 2.61-acres (minimum)
Percent of Site as Common Area 37% 10% (minimum)
*Designates data based on the exclusion of the floodway (SA-acres). Data in parentheses denotes
inclusion of the flood way for comparison only.
H. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 37% of common open space area which consists mainly of
waterways, a pooVclubhouse area, a pathway, and a parking area for sportsman access.
The waterways are multifunctional and intended to serve as open space amenities,
measures for floodplain storage, and irrigation purposes.
The applicant is to construct a pathway in approximate location to that shown on the
City's Transportation/Pathway Network Maps #1 and #2 along the south side of the South
Channel of the Boise River. A twenty-five (25) foot wide pathway easement for a public
pathway along the Boise River will travel from the eastern edge of the site (adjacent to
Eagle Road) and extend approximately 1,1O0-feet along the river before curving into the
area proposed for development. The pathway will then connect to the sidewalk abutting
the public street and will eventually connect with a pathway extending from Streamside
Subdivision to the west and a pathway from Cottonwood Creek Subdivision to the south.
Further details are provided below under the "Discussion" portion of the Staff Analysis.
Number and Uses of Proposed Buildings: 1 building to be used as a pool house
Height and Number of Stories of Proposed Buildings: 19'6" high, one story
Roof: Architectural comp shingles - dark gray
Walls: stucco - beige
WindowslDoors: vinyl
Fasciaffrim: wood - brown
Gross Floor Area of Proposed Buildings: 624- sq. ft.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements (when deemed necessary) to be
not less than 12-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 (yes or no) - not allowed
Preservation of Existing Natural Features:
The parcel is situated along the south side of the South Channel of the Boise River, with
numerous existing trees located on the site which are required to be evaluated by the City
Forester. Eagle City Code Section 9-3-8 (B) states that existing natural features which add
value to residential development and enhance the attractiveness of the community (such as
trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
See the Landscape Plan Review letter submitted by the City Forester (attached).
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
I. PUBLIC USES PROPOSED: None Proposed
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
K. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard Area
and Special Area in the Comprehensive Plan. The Plan
specifies additional development criteria and calls for
special consideration relating to any proposed
development within the Boise River Floodplain.
Evidence of Erosion - none specifically noted in the EAP
Fish - yes
Floodplain - yes - Boise River Floodplain
Floodway - yes (SA-acres)
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - none shown to exist
Stream/Creek - yes - South Channel of the Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - none shown to exist as noted in the EAP
Wildlife - yes
L. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
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An EAP report was submitted for review and approval by the City Engineer with the
preliminary plat application for Westover Lakes Subdivision.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
N. LETTERS FROM THE PUBLIC: None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 1 - Overview
1.1 City of Eagle Statement of Purpose
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
e. To encourage urban and urban-type development within the incorporated city.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
Chapter 3 - Population
3.3 Goal
To promote a high quality of life and livability in the community.
Chapter 7 - Natural Resources and Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within
the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when
deemed necessary.
Areas of flooding consists of two parts: (1) the flood way which is the most severe area of
flooding characterized by deep and fast moving water; and (2) the floodplain which is less
severe than the flood way and is characterized by shallower and slower moving waters at
the time of flooding.
Chapter 11 - Special Areas and Sites
11.1 Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in a manner that reflects
harmony with their natural environment and recognized qualities which render them
distinctly unique.
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11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological and scenic
significance. The area comprises the two channels of the Boise River and intervening and
immediately adjacent areas as generally depicted on the Comprehensive Plan Land Use
Map.
Chapter 12 - Community Design
12.4 Implementation Strategies
k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes,
and ridge lines as visual amenities.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-7(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more
Ix caliper of tree removed
.
Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
.
Eagle City Code Section 8-2A-7(J)(4)(c)
c. Any road designated as a principal arterial on the Ada County long range highway and
street map and/or any freeway or expressway:
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
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unsightly fencing shall not be permitted.
C. PRELIMINARY PLAT PROVISIONS ,WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public pathway
along the southern side of the South Channel of the Boise River extending along the entire
northern portion of the property. Within the easement, the applicant shall construct a ten-foot
(10') wide compacted gravel or cinder (material no larger than Y2-inch) surfaced pathway
generally in the location shown on the preliminary plat date stamped by the city on August 25,
2004. Extending westerly from the point where the pathway turns south (into the development) a
ten-foot (10') wide meandering "nature trail" shall be cleared of vegetation to be a natural soil
surface in lieu of the gravel/cinder surface. The applicant shall work with the appropriate flood
control district and emergency response agencies to ensure that emergency access is provided and
appropriately surfaced for heavy equipment use. The pathway shall be constructed and
markers/signs (describing the pathway as intended for pedestrian ingress and egress and is a multi-
purpose, non-motorized pathway/conservation easement in favor of the City of Eagle) installed to
delineate the pathway prior to the issuance of any building permits for those lots adjacent to the
pathway easement. Plans showing the location of the markers/signs, language to be placed on the
markers/signs, and other methods to be used to delineate the pathway shall be submitted to the
City for review prior to the approval of a final plat. During all types of construction, fencing shall
be installed to protect the easement area and prohibit activity (other than pathway construction)
from occurring within the easement area. A note shall be added to the CC&Rs stating provisions
for the proper maintenance of the pathway surface and for the clearing and removal of any
vegetation which may interfere with the pathway. A copy of the CC&Rs shall be submitted to the
City prior to the City Clerk signing the final plat.
.
Place a note on the final plat referencing an instrument number for the required greenbelt
easement bordering the northern portion of this development (South Channel of the Boise River).
The note shall further state that the 25-foot wide easement is for the use by the general public for
pedestrian, equestrian and other non-motorized access in favor of the City of Eagle.
.
Construct a minimum five foot (5') wide meandering concrete sidewalk along Eagle Road
abutting this site, subject to the approval of the Idaho Transportation Department and/or Ada
County Highway District in a location in accordance with said approval. The applicant and/or
Westover Lakes Homeowners Association shall establish and maintain a surety (or funding
mechanism) for the future construction of the sidewalk should the sidewalk construction be
deemed unfeasible by lID to be installed at this time. Language addressing the collection of the
funds and the purpose of said funds shall be stated within the Westover Lakes CC&Rs. A copy of
the CC&Rs shall be submitted to the City prior to the City Clerk signing the final plat.
.
The applicant shall construct a five foot (5') wide sidewalk abutting both sides of the internal
roadways except the portions fronting Lot 15, Block 1, from Eagle Road to the eastern side of the
clubhouse/pool, as shown on the preliminary plat date stamped by the City on August 25, 2004.
.
Delineate an easement on the final plat permitting public access to the sportsman's access parking
lot. Signs stating "Parking for Public River Access" for the parking spaces shall be posted within
said parking lot. Locations of the signs shall be reviewed by staff prior to the installation of the
signs.
.
The applicant shall submit a design review application and landscape plan showing fencing (if
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proposed), trees, landscaping, and berming, and planting details within the required buffer area
along Eagle Road abutting this site for review and approval by the Design Review Board prior to
the submittal of a final development plan and final plat.
.
The applicant shall submit a design review application showing proposed subdivision sign age and
a landscape plan showing perimeter fencing (if proposed), street trees, and common area
landscaping within this site for review and approval by the Design Review Board prior to City
approval of a final plat.
.
All pond and waterway banks shall be planted with natural grasses and plants. Planting details
shall be submitted for review and approval by the Design Review Board prior to the submittal of a
final development plan and final plat.
.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot generally at each side property line, or
as approved by the Design Review Board. The trees shall be located in the 8-foot wide landscape
strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the
final plat for each phase, 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.
.
Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
.
All healthy trees (as determined by the City Forester) that are to be preserved and integrated into
the open space design for the development shall be shown on a landscape plan and submitted for
Design Review Board approval prior to the submittal of a final plat.
.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
otherwise determined by the City Forester. All fallen trees along the South Channel of the Boise
River shall be left in their natural state to provide habitat for the existing birds and animals. A
detailed landscape plan showing how the trees will be integrated into the open space areas or
private lots (unless approved for removal by the City Forester and the Design Review Board) shall
be provided for Design Review Board approval prior to the submittal of a final development plan
and final plat.
.
The applicant shall have an on-site meeting with the City Forester to survey all trees that are
planned to be saved. Subsequent to the on-site meeting, construction fencing shall be installed
(pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site. No activity whatsoever shall take place within the
drip line of the trees.
.
Useable amenities such as the pool/clubhouse, picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities as determined by the City Council shall
be provided within the open space areas. Landscape plans showing open space amenities shall be
reviewed and approved by the Design Review Board, prior to the City approving a final plat.
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.
The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of a final development plan and final plat. The
plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting.
D. DISCUSSION:
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 shows
a pathway traveling along the south side of the South Channel of the Boise River. A 25-foot wide
easement has been indicated on the preliminary plat date stamped by the City of Eagle on August
25, 2004, to accommodate any requirements of the Idaho Department of Lands.
On September 15, 2004, the City's Park and Pathway Development Committee made the
following recommendations regarding the construction of the pathway within the Westover
Lakes Subdivision:
The applicant shall construct a ten-foot (10') wide compacted gravel or cinder (material no
larger than Yz-inch) surfaced pathway generally in the location shown on the preliminary
plat date stamped by the city on August 25, 2004. Extending westerly from the point
where the pathway turns south (into the development) a ten-foot (10') wide meandering
"nature trail" shall be cleared of vegetation and constructed with a natural soil surface in
lieu of the gravel/cinder surface. (Note: Staff has added the plat reference and additional
language to clarify the location of the pathway and the Committee's intent).
The Council added this condition to the preliminary plat approval regarding the pathway:
The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public
pathway along the southern side of the South Channel of the Boise River extending along
the entire northern portion of the property. Within the easement, the applicant shall
construct a ten-foot (10') wide compacted gravel or cinder (material no larger than Yz-
inch) surfaced pathway generally in the location shown on the preliminary plat date
stamped by the city on August 25, 2004. Extending westerly from the point where the
pathway turns south (into the development) a ten-foot (10') wide meandering "nature
trail" shall be cleared of vegetation to be a natural soil surface in lieu of the gravel/cinder
surface. The applicant shall work with the appropriate flood control district and
emergency response agencies to ensure that emergency access is provided and
appropriately surfaced for heavy equipment use. The pathway shall be constructed and
markers/signs (describing the pathway as intended for pedestrian ingress and egress and is
a multi-purpose, non-motorized pathway/conservation easement in favor of the City of
Eagle) installed to delineate the pathway prior to the issuance of any building permits for
those lots adjacent to the pathway easement. Plans showing the location of the
markers/signs, language to be placed on the markers/signs, and other methods to be used
to delineate the pathway shall be submitted to the City for review prior to the approval of a
final plat. During all types of construction, fencing shall be installed to protect the
easement area and prohibit activity (other than pathway construction) from occurring
within the easement area. A note shall be added to the CC&Rs stating provisions for the
proper maintenance of the pathway surface and for the clearing and removal of any
vegetation which may interfere with the pathway. A copy of the CC&Rs shall be
submitted to the City prior to the City Clerk signing the final plat.
.
See the applicant's justification letter (Attachment A - attached hereto) date stamped by the City
on December 9 , 2004, regarding the request for Alternate Method of Compliance for a deviation
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from ECC Section 8-2A-7 (J)(4)(c). Staffrecommends approval of the requested alternate method
of compliance of proposed.
Staff defers comment regarding the landscape and pool house design to the Design Review Board.
.
ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on January 13,2005, 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 (Bowen absent) to approve DR-139-04 for a design review application for
the common area landscaping for Westover Lakes Subdivision for Nagy Springcreek 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 all applicable conditions of PP-6-04 (preliminary plat of Westover Lakes Subdivision).
2. The requested alternate method of compliance regarding the height of the berm along the west side of
Eagle Road is approved as proposed based upon the existing grade separation between this site and
Eagle Road.
3. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction or grading of the site.
4. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. The Design Review Board approves the detail provided for the trellis as presented during the January
13.2005 hearing.
8. The applicant shall submit the trellis construction materials and paint color Board (to ensure
compatibility with the pool structure) for review and approval by staff and one member of the Design
Review prior to the issuing a zoning certificate for the site.
9. The applicant shall submit a darker color sample for the pool house stucco for review and al'proval by
staff and one member of the Design Review Board prior to the City issuing a zoning certificate for the
site.
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10. A detailed plan showin~ the type and variety of rock material to be used in the waterfall shall be
provided for review and approval by staff and one member of the Design Review Board prior to the
City issuing a zoning certificate for this site.
ST ANDARD 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 any building permits or Certificate of Occupancy,
whichever occurs first.
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 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 flfSt.
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
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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. 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.
10. 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.
11. 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.
12. 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.
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.
13. 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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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
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Occupancy, whichever occurs first.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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
Commission and/or Council.
20. 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/or the Planning and Zoning Commission for
review and approval.
21. 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.
22. 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.
33. 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.
44. 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 Design Review Board approval date).
25. 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.
26. 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 December 9, 2004.
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2. Requests for agencies' reviews were transmitted on December 10, 2004, 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-139-04) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-2 (Residential) zoning district.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
DATED this 27th day of January 2005.
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