Findings - DR - 2004 - DR-91-04 - Common Area Landscaping W/Shadow Ridge Pud/
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICA nON FOR
A DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN SHADOW RIDGE PUD
FOR HILL VIEW DEVELOPMENT CORPORATION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-91-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 9, 2004. 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:
Hillview Development Corporation, represented by Mark Butler with Land Consultants Inc., is
requesting design review approval of the common area landscaping within Shadow Ridge PUD.
The site is located west of Horseshoe Bend Road at 10711 through 10867 Horseshoe Bend Road
and 10943 through 11053 Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 5, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 9, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 10, 2004, the Eagle City Council reviewed and approved an annexation and rezone
application, conditional use permit, preliminary development plan, and preliminary plat
applications for Shadow Ridge PUD (A-3-04/RZ-3-04/CU-3-04/PPUD-l-04/PP-3-04).
E. COMPANION APPLICATIONS: DR-92-04 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Four (up to 4- RUT (Rural Urban Transition Single-family dwellings, &
units per acre max.) - Ada County Designation) pasture
Proposed No Change R-4-P (Residential PUD) PUD Residential
Development
North of site Residential Four (up to 4- RUT (Rural Urban Transition Retail Nursery
units per acre max.) - Ada County Designation)
South of site Residential Four (up to 4- RUT (Rural Urban Transition Mobile Home/Trailer Park
units per acre max.) - Ada County Designation)
East of site Residential Three (up to R2 (Residential - Ada County Brenson Subdivision
3-units per acre max.) Designation)
West of site Residential Four (up to 4- R-4 (Residential) State Highway 55 &
units per acre max.) Echohawk Estates
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There are seven (7) existing single family dwelling units that
are to be incorporated into the overall development in addition to numerous existing trees located
around the existing single family dwelling units and along Horseshoe Bend Road.
L SITE DESIGN INFORMATION:
Total Acreage of Site - 39.46
Total Number of Lots - 144
Residential - 122
Commercial - 0
Industrial - 0
Common - 22
Total Number of Units - 129
Single-family - 115
Two-family - 14 (7 buildings)
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
J. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 12.7% of common area (10.8% required - see site data above),
consisting mainly of buffer areas (abutting SH 55 and Horseshoe Bend Road), landscape
strips (abutting the internal roadways), and a 33,000 square foot park lot.
The applicant proposes to construct a seventy-five foot (75') wide buffer along SH 55
abutting the western boundary of the development. located both within a common lot (50-
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feet wide) and an easement. A thirty-five foot (35') wide buffer along Horseshoe Bend
Road (eastern boundary) is proposed, separated into sections by multiple driveways and
is non-continuous across Lot 1, Block 2, which is an existing parcel proposed to be
incorporated into the subdivision. Further details are provided below under the
"Discussion" portion of the Staff Analysis.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network
Map # 1 of 2 designates a pathway to be constructed along the Farmer's Union Canal,
near the southwestern corner of this site.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer approving the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. In
addition, 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:
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 has existing trees located mainly around the existing single-family dwellings
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 will construct a system of public roadways with three entryways into the
subdivision from Horseshoe Bend Road, with the typical roadway consisting of a thirty-
three foot (33') street section (as measured from back-of-curb to back-of-curb) located
within fifty-four feet (54') of right-of-way. All public streets are to be constructed with
five-foot (5') wide concrete sidewalks separated from the back of curb by a five-foot wide
landscape strip.
Stub streets are to provide connections to the property (Weston) located between the
sections proposed for development as well as the property to the north of this site to
provide connectivity upon the future development of those properties.
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Horseshoe Bend Road abutting the eastern boundary of this site is not improved with any
curb, gutter, or sidewalk. Eagle City Code as well as ACHD Policy Standards require
vertical curb and gutter to be constructed on collector and arterial roadways upon the
development of adjacent parcels.
Applicant's Justification for Private Streets (if proposed): Not allowed
Blocks Less Than 500': None
Cul-de-Sac Design:
There are three cul-de-sacs to be constructed for the subdivision. All cul-de-sacs are
within the maximum 500-foot length requirements and terminate within a 55.5-foot radius
right-of way, which includes a landscaped island.
Lighting:
Lighting for the public streets is required. Location and lighting specifications shall be
provided to the City with the submittal of a final plat application.
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. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-92-04) has
been submitted for the approval of any signs.
M. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have 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.
N. PUBLIC USES PROPOSED: None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - No
Fish - No
Floodplain-No
Floodway - No
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Farmer's Union Canal is adjacent to the southwestern corner of the site
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - None shown
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Wildlife-Unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
R. 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:
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
United Water Company
S. 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:
.
The Comprehensive Plan Land Use Map designates this site as Residential Use.
B. CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY
PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
.
Construct curb, gutter, and five-foot wide meandering concrete sidewalk along Horseshoe Bend
Road abutting the eastern boundary of this site. All construction shall be in accordance with the
standards and specifications adopted by the Ada County Highway District
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. The trees shall be located in the 5-foot wide landscape strip between
the 5-foot wide concrete sidewalk and the curb. 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 5-foot wide landscape strip. 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.
.
.
The applicant shall construct 6-foot wide concrete pathways within the development to provide
greater pedestrian connectivity between sections of the development. The applicant shall meet
with staff prior to the submittal of a final plat application to determine locations for said pathways.
Provide a revised plat showing the addition of usable open space in the northern section of the
development, as shown on the site plan date stamped by the city on June 10,2004.
.
.
Provide a revised plat delineating the entire 75-foot wide buffer area along State Highway 55 to be
within both a common lot and an easement as depicted on the preliminary plat date stamped by the
city on April 21, 2004. Incorporate the sewer easements into the common lot as well to provide
pedestrian and maintenance access to the buffer area.
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 75-foot wide
buffer area along State Highway 55 abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
The 35-foot wide common lots for the buffer area along Horseshoe Bend Road are approved as
shown on the preliminary plat date stamped by the City on April 21, 2004. A 35-foot wide
landscape easement shall be provided across the eastern boundary of Lot 1, Block 2.
.
The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required 35-foot wide
buffer area along Horseshoe Bend Road abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
All living trees that do not encroach upon the buildable area on any lot or upon any area planned
for streets and sidewalks shall be preserved, unless otherwise determined by the City Forester. A
detailed landscape plan showing how said 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 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 submit cut sheets showing street lighting details for review and approval by the
City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky" concept of lighting.
Useable open space amenities, subdivision signage, common area, street trees, existing trees,
pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design
Review Board prior to the submittal of a final development plan and final plat.
.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(A)(5)(b)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
.
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 C1 of this section.
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D. DISCUSSION:
.
There are multiple single family dwelling units that currently take access from Horseshoe Bend
Road which are apart of this development. Only seven (7) of the existing dwellings are to be
retained while the rest of the dwellings are to be demolished or removed from the site, and the land
re-subdivided. The landscape plans date stamped by the City on August 5, 2004, indicate the
areas along Horseshoe Bend Road which will be landscaped per Eagle City Code and the six (6)
dwellings that will continue to access Horseshoe Bend Road and require the approval of an
alternate method of compliance.
The six (6) existing dwelling units adjacent to Horseshoe Bend Road require the approval of an
alternate method of compliance because these parcels will not be planting the required trees and
shrubs required adjacent to an urban collector street as required within Eagle City Code. These
dwellings will retain the vegetation which currently exists adjacent to Horseshoe Bend Road. The
landscape plan date stamped by the City on August 5, 2004, indicates additional plant material to
be installed in front of a few of the existing dwelling units.
Other than the six (6) dwelling units adjacent to Horseshoe Bend Road, the landscape plan date
stamped by the City on August 5, 2004, shows the appropriate quantities of trees and shrubs to be
planted adjacent to Horseshoe Bend Road and State Highway 55.
.
The applicant is proposing to construct curb, gutter, and a five foot (5') wide meandering sidewalk
adjacent to Horseshoe Bend Road. Sheet L-4, date stamped by the City on August 5, 2004, shows
an area of approximately one hundred sixty (160) linear feet that does not show a five foot (5')
wide meandering sidewalk. Per a phone conversation with the applicant's representative, Mark
Butler with Land Consultants Inc., all property that abuts Horseshoe Bend Road which is apart of
this development will have curb, gutter, and a five foot (5') wide meandering sidewalk adjacent to
Horseshoe Bend Road. In addition, the applicant's representative has indicated that the five foot
(5') wide meandering sidewalk should be located within the right of way, not on the individual lots
adjacent to Horseshoe Bend Road. The applicant should be required to provide a revised
landscape plan showing curb, gutter, and a five foot (5') wide meandering sidewalk adjacent to
Horseshoe Bend Road. These improvements should be located within the public right of way of
Horseshoe Bend Road. The revised landscape plans should be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site.
Pursuant to the approval of the application for Shadow Ridge PUD, all living trees that do not
encroach upon the buildable area on any lot or upon any area planned for streets and sidewalks
shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan
showing how said 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 plat. The City Forester has
completed an inventory of the existing trees on this site which will be affected by the construction
of the street systems within this proposed development. An inventory of thirty two (32) trees
totaling two hundred-twelve (212) caliper inches was completed with descriptions indicating the
species, size, value, and health of each of these trees (see attached report for reference). The
Design Review Board should determine if any additional tree caliper inches are required to be
added within this development or a monetary amount be contributed to the City Tree Fund.
.
.
Staff defers comment regarding building design and colors 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 and the standard conditions of approval provided within the staff
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report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 9, 2004, 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 applicantlrepresentative).
BOARD DECISION:
The Board voted 6 to 0 (Barnes absent) to approve DR-91-04 for a design'review application for
the common area landscaping within Shadow Ridge PUD for Hillview Development Corporation,
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:
I. Comply with any applicable conditions of A-3-04/RZ-3-04/CU-3-04/PPUD-1-04/PP-3-04 (Shadow
Ridge PUD).
2. Provide a license agreement from ITD and ACHD allowing the installation of landscaping located
within the public rights-of-way prior to the City Clerk signing the final plat.
3. Provide a revised landscape plan showing the asphalt pedestrian pathways shown on Sheets L-l and L-
3, date stamped by the City on August 5,2004, to be a minimum of six feet (6') wide. The revised
landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
4. Provide a revised landscape plan showing curb, gutter, and a five foot (5') wide meandering sidewalk
adjacent to Horseshoe Bend Road. These improvements shall be located within the public right of way
of Horseshoe Bend Road. The revised landscape plans shall be reviewed and approved by staff prior
to the City Clerk signing the final plat.
5. The applicant is required to have an on-site meeting with the City Forester to determine which of the
trees that have been determined to have a value could be retained and planted on-site within the park
areas. Provide a new landscape pian showing which trees are to be retained and planted on-site. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design Review
Board vrior to the City Clerk signing the final plat. The DesigH Review Boarè shall determ.iHo if aHY
additional tree ealiper iHches are reqlÜreè to be added '.YithiH this de'lelopmeRt or a moRetary amoHHt
be coRtributed to the City Tree Flmd.
6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. No signs are proposed with this application. A separate design review application is required to be
submitted for approval of any signs for this site.
9. The alternate method of compliance regarding the landscape screening between the existing residential
dwelling units and Horseshoe Bend Road (date stamped by the City on August 5,2004) is approved.
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 fIfst.
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 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.
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 August 5, 2004.
2. Requests for agencies' reviews were transmitted on August 9, 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-91-04) 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-4-P (Residential four PUD) zoning district.
Page 11 of 12
K:\Planning Dept\Eagle Applications\Drl2004\DR-91-04 land drf.doc
DATED this 23rd day of September 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 12 of 12
K:\Planllillg Dept\Eagl< Applications\DrI2004\DR-91-04 land drf.doc