Findings - DR - 2005 - DR-25-05 - Common Area Landscaping In Pony Subd No. 2/1497 W Beacon Light Road
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICA nON FOR)
A DESIGN REVIEW FOR THE COMMON AREA)
LANDSCAPING WITHIN PONT SUBDIVISION)
NO.2 FOR TOM AND CONNIE JONES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-25-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 9, 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. PROJECT SUMMARY:
Tom and Connie Jones, represented by Pat Tealy with Tealey's Land Surveying, are requesting
design review approval of the common area landscaping within Pony Subdivision No.2. The site
is located on the south side of Beacon Light Road at 1497 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 7, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 11, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 14, 2004, the Eagle City Council approved a preliminary plat application for Pony
Subdivision No.2 (PP-2-04).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA TION
Existing Residential Estates (up to RUT (Residential - Ada Pony Subdivision
one unit per two acres County designation)
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Rural (up to RUT & Rl (Residential - Ada Single-family
one unit per five acres County designation) dwellings/pasture
maximum)
South of site Residential Estates (up to R-E (Residential) Academy Place
one unit per two acres Subdivision
maximum)
East of site Residential Estates (up to RUT (Residential - Ada Pony Subdivision
one unit per two acres County designation)
maximum)
West of site Residential Estates (up to RUT (Residential - Ada Single-family
one unit per two acres County designation) dwellings/pasture
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 21.55
Total Number of Lots - 14
Residential - 9
Commercial - 0
Industrial - 0
Common - 5
Total Number of Units -
Single-family - 9
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 A2-units per acre I-unit per two-acres maximum
Minimum Lot Size 1.81-acres (78,708 s. f.) 1.8-acres (78,408 s. f.)
Minimum Lot Width 204-feet (approx.) 1O0-feet
Minimum Street Frontage 70-feet 35-feet
Total Acreage of Common Area 2A8-acres (55,118-s. f.) Not required in R-E zone
Percent of Site as Common Area 11.5% Not required in R-E zone
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7 (J) (4) (b), the applicant will construct a
fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the
northern boundary of the development. The applicant will install street trees and grass
within a landscape easement and the swale areas abutting the internal roadways within the
development. A pump house located within Lot 9, Block 1, for the pressurized irrigation
system will be required to be screened from the view of neighboring properties and the
roadways. Berming, fencing and landscaping details are required for Design Review
Board review and approval prior to City approval of a final plat.
Open Space:
In addition to the buffer area along Beacon Light Road, the applicant is to provide a pond
for irrigation water storage located within two common lots (Lots 4 and 9, Block 1), and to
construct three landscape islands located within the roadway serving the site (North Big
Sky Way). The total common area within the subdivision will consist of approximately
2A8-acres or 11.5% of the site. Eagle City Code does not require a minimum area of open
space for the R-E zoning district.
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 12-feet wide.
Fire Hydrants and Water Mains:
A letter from the Eagle Fire Department recommends denial of the preliminary plat since
central water is not available to the site to enable the installation and use of fire hydrants.
In response to concerns raised by the Eagle Fire Department during the public hearing for
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this item, the City Council indicated that a central water system could be extended to this
area, with potential financing through a local improvement district (LID).
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
The parcel has existing trees located mainly around the existing single-family dwelling
and accessory structures. 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.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Private or Public Streets: Public
The applicant is to construct North Big Sky Way extending southerly from Beacon Light
Road, and terminating in a landscaped cul-de-sac within a 52-foot radius right-of-way.
The roadway is to be built within a 78-foot wide right-of-way near Beacon Light Road (to
accommodate the landscape medians) and tapers down to a 50-foot right-of-way near the
cul-de-sac. The streets will be paved in sections ranging in width from 17-foot wide travel
lanes (located on either side of the medians) to 30-feet wide, with abutting 1 Y2-foot wide
concrete ribbons and grass-lined borrow ditches on either side.
Applicant's Justification for Private Streets (if proposed): Not allowed
Blocks Less Than 500': None
Cul-de-sac Design:
North Big Sky Way is a 1,1O0-foot (approximate) long cul-de-sac terminating in a radius
of 52-feet of right-of-way for turning movements. Eagle City Code permits cul-de-sac
lengths up to 1,500-feet in the R-E zoning district, if approved by the Eagle Fire
Department.
Curbs, Gutters and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter or
sidewalk. 1 Y2-foot wide concrete strips and borrow ditches abutting the internal streets are
to be constructed in-lieu of curbs and gutters to accommodate storm water runoff.
Sidewalks are not proposed within the subdivision; 4-foot wide striped paths on both
edges of the roadways are to be installed. A 5-foot wide meandering concrete sidewalk is
to be constructed along Beacon Light Road abutting the northern portion of this site.
Lighting:
Lighting for the subdivision is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City approving the final plat.
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Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Striped bike and pedestrian walkways along both sides of the roadways are to be installed
within the subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
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 - unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
United Water Company
R. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on May 23, 2005 (incorporated
herein by reference).
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable
primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
Chapter 6
Land Use
6.5
Goal
To preserve the rural transitional identity.
Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
Chapter 8 Transportation
8.6 Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway is to be located outside
of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
6.7
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Comply with all conditions of the Farmer's Union Ditch Company, as noted within the letters date
stamped by the City on February 19,2004, and April 14, 2004. The applicant shall work with the
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.
Ditch Company to provide a fencing material other than chain link. The applicant shall submit a
letter from the Ditch Company approving of the fence material, and a landscape plan showing
fencing details for review and approval by the Design Review Board prior to City approval of a
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 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 City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvements within the swales (borrow ditches). 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.
.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. 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 review and
approval prior to the submittal of a final plat. 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 on the site.
The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 50-foot wide buffer area along Beacon Light Road abutting this site for review
and approval by the Design Review Board, prior to City approval of a final plat. The slope within
the northeastern corner of the site may interfere with the construction of a berm in this area, which
may require the submittal of an alternative method of compliance application. The berm and
landscaping shall be installed prior to the issuance of any occupancy permits within the
subdivision.
.
.
Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the
edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled with material as approved by ACHD. The gravel shoulder
area shall be maintained and kept free of weeds and debris.
The applicant shall submit a design review application showing any proposed subdivision signage
and a landscape plan showing planting details within the proposed landscape islands located North
Big Sky Way for review and approval by the Design Review Board prior to City approval of a
final plat.
.
.
The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
The applicant shall submit a design review application with a landscape plan showing planting
details for Lots 4 and 9, Block 1 (common lot), including screening details of the irrigation pump
house, for review and approval by the Design Review Board prior to City approval of a final plat.
The pump house shall be located to comply with all required setbacks for the R-E zoning district.
.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-7(C)(I)
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
1 x 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 Cl of this section.
.
Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the Ada County long range highway and street
map:
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. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
D. DISCUSSION:
.
The landscape plan dated stamped by the City on April 7,2005, indicates a five foot (5') high tan
solid panel vinyl fence to be located on a three foot (3') high berm. Per Eagle City Code, 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. Vinyl fence is not permitted to be used to obtain the height of the
landscape buffer. The applicant should be required to provide a revised landscape plan showing a
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall to be
located on top of the berm. Details showing the height, materials, colors, etc. of the fence are
required to be submitted to the City. The revised landscape plan and detail of the proposed fence
should be reviewed and approved by the Design Review Board prior to the City Clerk signing the
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final plat.
Staff defers comment regarding building design and colors to the Design Review Board.
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 was held on the application before the Design Review Board on June 9, 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 4 to 0 (Barnes, Bowen, and Grubb absent) to approve DR-25-05 for a design
review application for the common area landscaping within Pony Subdivision No.2 for Tom and
Connie Jones, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with strike thru to be deleted by the Board and
text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of PP-2-04 (Pony Subdivision No.2).
2. Provide a revised landscape plan showing additional berming, a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall, or combination thereof to equal a minimum of
five feet or a maximum of eight feet in height measured at the centerline of the adjacent roadway to be
located OR the top of the berm/fence. Details showing the height, materials, colors, etc. of the fence
shall be submitted to the City. The revised landscape plan and detail of the proposed fence shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk
signing the final plat.
3. Provide a cross section of the landscape buffer showing the height of the berm and fence in relation to
Beacon Light Road. The cross section shall be reviewed and approved by staff tHe DesigR Review
Beaffi prior to the City Clerk signing the final plat.
4. No pump houses are proposed and none are approved. If a pump house is proposed, detailed elevation
plans showing the style, color, materials, etc. to be used shall be reviewed and approved by staff and
two members of the Design Review Board prior to the City Clerk signing: the final plat.
5. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site.
6. No signs are proposed and none are approved.
7. Provide a revised landscape plan showing fifteen of the Colorado Spruce trees and fifteen of the
Austrian Pine trees to be substituted with an additional species of evergreen tree. The revised
landscape plan shall be reviewed and approved by staff prior the City Clerk signing the final plat.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
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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 first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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.
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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 Councilor 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
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.
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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.
23. Any change by the applicant in the planned use of the propel1y 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.
24. 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 April 7, 2005.
2. Requests for agencies' reviews were transmitted on April 11, 2005, 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-25-05) 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-E (residential estates) zoning district.
Page 12 of 13
K:\Plwu1Ìng DeptlEagle Apptications\Drl2005\DR-25-05 land drf.doc
DA TED this 23rd day of June 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
7/? ~
fuic R. cCullough, airman
ATTEST:
Page 13 of 13
K:\Plwlt1Ìng DeptlEagle Appticatious\Drl2005\DR-25-05 lwtd drf.doc