Findings - DR - 2004 - DR-107-04 - Common Area Landscaping/4,372/Club House/Shores Subdivision.
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A DESIGN
REVIEW FOR THE COMMON AREA LANDSCAPING
AND CLUB HOUSE WITHIN THE SHORES
SUBDIVISION FOR ROCKY RIDGE CONSTRUCTION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-IO7-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 18, 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:
Rocky Ridge Construction, represented by Doug Russell with The Land Group, is requesting
design review approval of the common area landscaping and a 4,372-square foot club house within
The Shores Subdivision. The site is located west of Eagle Road at 707, 781, 799,807,844, and
1201 West South Channel Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 15, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 14, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 27, 1999, the Eagle City Council approved a rezone with development agreement of a
portion of this site (RZ-8-98 - Jon Wroten property) from A (Agricultural) to R-2-DA (Residential
- up to two dwelling units per acre with a development agreement).
On September 14, 2004, the Eagle City Council approved a rezone and preliminary plat
application (RZ-7-04 and PP-S-04) for The Shore Subdivision.
E. COMPANION APPLICATIONS: DR-1O8-04 (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 Two (up to A (Agricultural) & R-2-DA Pasture & Residences
two dwelling units per (Residential with development
acre) & Floodway agreement)
Proposed No Change No Change Residential Subdivision
North of site Residential Two (up to A (Agricultural) & R-2-P Pasture & Residences/Two
two dwelling units per (Residential PUD) Rivers Subdivision PUD
acre)
South of site Floodway & Residential R-2-P (Residential PUD) South Channel of the Boise
Two (up to two dwelling River & Streamside
units per acre) Subdivision PUD
East of site Residential Two (up to R-2-P (Residential PUD) South Channel of the Boise
two dwelling units per River & Streamside
acre) Subdivision PUD
West of site Floodway & Residential A (Agricultural) & R-2-P Banbury Meadows
Two (up to two dwelling (Residential PUD) Subdivision PUD &
units per acre) Pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: This site is located adjacent to the north side of the South
Channel of the Boise River, thus there are numerous trees of which the applicant is proposing to
retain most of these trees.
1. SITE DATA: *Note: Subsequent to the original submittal, the number of buildable lots has been
reduced by five (5) to accommodate wetland mitigation measures.
Total Acreage of Site - 99.70-acres
Total Number of Lots - 125*
Residential - 87*
Commercial - 0
Industrial - 0
Common - 38
Total Number of Units - 87*
Single-family - 87*
Duplex - 0
Multi-family - 0
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Total Acreage 0 Any ut- arce s -
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .97-units per acre* 2-units per acre maximum
(.87-units per acre)
Minimum Lot Size 17,093-square feet 17,000-square feet
Minimum Lot Width lI8-feet 75-feet
Minimum Street Frontage 35-feet 3S-feet
Total Acreage of Common Area 32.31-acres 9.97-acres (minimum)
Percent of Site as Common Area 32% 10% (minimum)
f
0
P
0
*Designates data based on the exclusion of the floodway (10.5-acres). Data in parentheses denotes
inclusion of the flood way for comparison only.
J. GENERAL SITE DESIGN FEATURES FOR THE CLUB HOUSE AND POOL EQUIPMENT
HOUSE:
Number and Uses of Proposed Buildings: Two buildings, one to be used for a club house and the other
to be used as a pool equipment house.
Height and Number of Stories of Proposed Buildings: Club house = 36-feet, two stories.
Pool equipment house = 16-feet, one story.
Gross Floor Area of Proposed Buildings: Club house = 4,372-square feet
Pool equipment house = 400-square feet
On and Off-Site Circulation:
A 9,380-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 28-foot wide driveway is proposed to be located on the east side of this site
approximately 140-feet south of Sherason Parkway and one 26-foot wide driveway is proposed to
be located on the east side of this site approximately 260-feet south of Sherason Parkway. Both
driveways provide access to South Channel Parkway.
K. BUILDING DESIGN FEATURES:
Roof: Tile
Walls: Stucco
Windows/Doors: Wood
Fascia/Trim: Wood
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous clusters of existing
trees located throughout this site of which the applicant is proposing to retain most of these trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees have been proposed on each property line generally at the front of each
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lot.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping has been proposed around the perimeter of the club house
parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES:
One 100-square foot trash enclosure is proposed to be located on the south side of the southern
driveway of the club house parking lot. The enclosure is proposed to be constructed of CMU with
stucco finish with wrought iron gates, all of which will match the colors and materials used in the
construction of the club house.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-1O8-04)
has been submitted for the approval of sign age for this development.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and 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.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. 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 report
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Fish - yes
Floodplain - yes - Boise River Floodplain
Floodway - yes (l0.5-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
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report was submitted and reviewed with the preliminary plat.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on October 28, 2004 (see
attached).
ST AFF 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 Two.
B. PRELIMINARY DEVELOPMENT PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public pathway
along the northern side of the South Channel of the Boise River extending along the entire
southern portion of the property. The applicant shall construct a 10' wide compacted gravel or
cinder surfaced pathway within the easement, to extend from the pathway within the Two Rivers
Subdivision pathway system on the east side of the property and continue the entire length of the
property abutting the Boise River. For any portion of the pathway passing through wetland areas,
the ten-foot (10') wide path may instead be cleared of vegetation to be a natural soil surface in lieu
of the graveVcinder surface and shall meander around existing trees that are designated to be
preserved by the City Forester. The applicant shall work with the appropriate flood control district
and emergency response agencies to ensure that the emergency access located within Lot 19,
Block 1, is 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 inclusive of the
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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.
Other than the sidewalks along the streets and the pathway requirements of no. 7 above,
meandering pathway/trails within the subdivision shall be 6-foot wide (minimum) and constructed
with concrete.
.
The applicant shall submit a design review application showing proposed subdivision signage and
a landscape plan showing perimeter fencing (if proposed), street trees, pathway signage and
delineation markings (as described in site specific condition no. 7 above), 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 that are consistent
with any required wetland mitigation. 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 adjacent to the 5-foot wide
concrete sidewalk abutting all interior streets and within the 16-foot wide landscape island located
within the roadways. 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 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. No activity whatsoever shall take place within the drip line of the trees.
.
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.
Useable amenities such as the proposed community/recreation center, 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.
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.
.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2-4
SCHEULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
.
Maximum building height in an R-2 zone is thirty five feet (35').
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.
D. DISCUSSION:
.
Per the preliminary plat approval for The Shores Subdivision, the applicant is required to provide
three inch (3") caliper shade-class trees along both sides of all streets within this development.
The trees are to be placed at the front of each lot generally at each side property line, or as
approved by the Design Review Board. The landscape plans date stamped by the City on
September 15, 2004, indicate that every other lot will have a three inch (3") caliper shade-class
tree, while the alternating lots will have two (2) three inch (3") caliper ornamental flowering trees
with seventeen (17) shrubs and ground cover. It is staff's opinion that the applicant's desire to
install shade-class trees and ornamental flowering trees far exceeds that which was required with
the approval of the preliminary plat. Sheet L-l, date stamped by the City on September 15,2004,
does not show two (2) three inch (3") caliper ornamental flowering trees with seventeen (17)
shrubs and ground cover on the common lot line of Lots 6 and 7, Block 1. The applicant should
be required to provide a revised landscape plan showing two (2) three inch (3") caliper ornamental
flowering trees with seventeen (17) shrubs and ground cover on the common lot lines of Lots 6
and 7, Block 1. The revised landscape plan should be reviewed and approved by staff prior to the
City Clerk signing the final plat.
The elevation plans date stamped by the City on September 15, 2004, indicate the height of the
club house to be thirty six feet (36') in height. Per Eagle City Code, the maximum height
permitted is thirty five feet (35'). The applicant should be required to provide revised elevation
plans of the club house showing the over height does not exceed thirty five feet (35'). The revised
elevation plan should be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
.
.
The applicant is proposing to construct a pool house to conceal the pool equipment. To date
elevation plans showing the architecture, height, and size of this building have not been received
by the City. The applicant should be required to provide detailed building elevations of the pool
house showing the architecture, height, materials, colors, and size of this building. The building
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elevations should be reviewed and approved by the Design Review Board prior to the City Clerk
signing the final plat.
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
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 18, 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 applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Barnes absent) to approve DR-1O7-04 for a design review application for
the common area landscaping and club house within The Shore Subdivision for Rocky Ridge
Construction, 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-5-04 (The Shore Subdivision).
2. Provide a fevised laHdscape plaR showing hvo (2) three iHeh (3") caliper omaæeatal flov;eriag trees
with scvcntceR (17) shrubs aRd groued cover OR the COHHROB lot liBes of Lots é aad 7, B loøk 1. The
revised laRdscape plaH shall be r-evie'-ved aRd approved by staff fJrior to the City Clerk sigBiRg the fiRal
f*i*.
3. Provide revised elevation plans of the club house showing the over height does not exceed thirty five
feet (35'). Provide detailed elevation plans noting the direction of the elevation (i.e.: north, south, east,
and west). The revised elevation plan shall be reviewed and approved by staff prior to the City issuing
a zoning certificate for this site.
4. Provide detailed building elevations of the pool house showing the architecture, height, materials,
colors, and size of this building. Provide detailed elevation plans showing all four (4) elevations of the
pool house and noting the direction of the elevation (i.e.: north, south, east, and west). The building
elevations shall be reviewed and approved by staff and one member of the Design Review Board prior
to the City Clerk signing the final plat.
S. 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.
6. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of
the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. Cups or dams should be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever should take place
within the drip line of the trees.
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7. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. 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.
10. Provide a revised landscape plan showing a typical one hundred (100) linear foot section of the pond
and stream plantings. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
11. The materials and colors to be used in the construction of the club house and pool house, as presented
on November 18, 2004, are approved.
12. Provide a revised landscape plan showing a bench or picnic table to be located in the basketball court
area. Provide detailed cut sheets showing the style, color, size, etc. of the proposed bench or picnic
table. The revised landscape plan and detailed cut sheets shall be reviewed and approved by staff prior
to the City Clerk signing the final plat.
13. The final surface (Le.: stamped concrete or pavers) and colors for the pool patio and main entry shall
be determined by the developer and submitted to staff and two (2) members of the Design Review
Board for final approval prior to the City Clerk signing the final plat.
14. Provide a revised landscape plan showing the location of the fence to be located around the pool area.
Provide detailed cut sheets showing the style, color, height, etc. of the proposed fence material. The
revised landscape plan and detailed cut sheets shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
15. Provide detailed cut sheets showing the style, wattage, and luminaries of the light fixtures proposed to
be located on the club house. The detailed cut sheets shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
16. Provide a color sample showing the color (i.e.: green, black, or similar color) of the powder coated
chainlink fencing proposed around the tennis court. The color of the fencing shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
17. Provide detailed cut sheets showing the style, wattage, luminaries, etc. of any light fixtures used to
accent and illuminate the entry structures. The light fixtures shall be completely screened from view
so the lamp and lens are not visible. The detailed cut sheets and screening method shall be reviewed
and approved by staff and one member of the Design Review Board prior to the City Clerk signing the
final plat.
18. Provide revised elevation plans of the club house showing the location of gutters and downspouts. The
revised elevation plans shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
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.
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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.
S. 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.
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
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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.
IS. 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
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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 September 15, 2004.
2. Requests for agencies' reviews were transmitted on October 14, 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-I07-04) 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 A and R-2-DA (Agricultural and Residential with development agreement) zoning district.
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DA TED this 9th day of December 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
~l ~!Ii
Å.I .
Eric R. McCullough, Chairman
ATTEST:
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Sharon K. Bergmann, Eagle City lerk
Page 13 of 13
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