Findings - DR - 2005 - DR-72-05 - Common Area Landscaping/Castlebury West Subd.
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW OF THE )
COMMON AREA LANDSCAPING WITHIN )
CASTLEBURY WEST SUBDIVISION FOR )
CAPITOL DEVELOPMENT INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-72-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 8, 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:
Capitol Development Inc., represented by Dave Koga with The Land Group, is requesting design
review approval of the common area landscaping within Castlebury West Subdivision. The 70.56-
acre, 82 lot subdivision (72 buildable, 10 common) is located on the northeast corner of Meridian
Road and Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 4,2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 15, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 23, 2005, the Eagle City Council approved an annexation and rezone application and a
preliminary plat application for Castlebury West Subdivision (A-07 -05/RZ-II-05/PP-l 0-05).
E. COMPANION APPLICATIONS: DR-71-05 (Two monument signs for Castlebury West Subdivision.)
Page 1 of 13
K\Planning DepI\Eagle AppliCalions\Dr\2005\DR-72-05 land drfdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One RUT (Rural Urban Transition- AgriculturelResidential
Ada County Designation)
Proposed No Change R-l (Residential-one unit per Residential
acre)
North of site Residential Estate R-E Residential Estates (one- Residential
unit per two acres maximum)
South of site Not in City of Eagle Area RUT (Rural Urban Transition- Residential! Agriculture
of Impact Ada County Designation)
East of site Residential One R-l (Residential-one unit per Residential
acre)
West of site Transitional Residential RUT (Rural Urban Transition- AgriculturelResidential
Ada County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS: This site currently has one residence and agricultural ground.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 70.56
Total Number of Lots - 82
Residential - 72
Commercial - 0
Industrial - 0
Common - 10
Total Number of Units -
Single-family - 72
Duplex - 0
Multi-family - 0
Page 2 of 13
K:\Planlling Dept\Eagle Applications\Dr\2005\DR-72-05Iand drfdoc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.02-units per acre I-unit per acre maximum
Minimum Lot Size 37,000-square feet 37,000 square feet (minimum)
Minimum Lot Width 100-feet (approximately) 100-feet (minimum)
Minimum Street Frontage 40- feet 35-feet (minimum)
Total Acreage of Common Area O.O-acres O.O-acres
Percent of Site as Common Area 0% 0%
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7 (1) (4) (a), the applicant is to construct a
thirty-five (35') wide buffer within a common lot along North Meridian Road abutting the
western boundary of the development. Eagle City Code Section 8-2A-7 (J) (4) (c) requires
a seventy-five (75') wide buffer area (not including right-of-way to be constructed
abutting Chinden Boulevard (Highway 20/26). The applicant will also install street trees
and grass within a landscape easement and the swale areas abutting the internal roadways
within the development. 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 North Meridian Road and Chinden Boulevard
(Highway 20/26), the applicant is to provide open space located within one landscape
entrance island, three landscaped street knuckles, and six cul-de-sac islands (common
lots), within the roadways serving the site. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that the
common lots and landscaped buffers be maintained by a home owner's association.
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 Easernents, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than l2-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
Page 3 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR-72-0S land drfdoc
Preservation of Existing Natural Features:
The parcel has a small number of 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 proposing to construct all internal roadways as 36-foot street sections with
concrete shoulders and abutting borrow ditches within 50-feet of right-of-way.
Blocks Less Than 500': None
Cul-de-sac Design:
There are six (6) cul-de-sacs proposed, two (2) at 125-feet in length, one at 250-ft in
length, one at 300-feet in length, one at 375-feet of length, and one at 450-feet in length.
Each cul-de-sac is planned to be located within a radius of 50-feet of right-of-way with
landscape islands centered in the turnaround.
Curbs, Gutters and Sidewalks:
The applicant proposes a five-foot detached sidewalk through out the development.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street narne approval by the Ada County Street Narnes 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 for signage
(DR-71-05) has been submitted.
M. PUBLIC SERVICES AVAILABLE:
Eagle Sewer District has approved this area to be annexed into the sewer district. 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 rnap currently exists
Page 4 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR-72-05 land drfdoc
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, proposed to remain
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - various species of birds were observed on site
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 within the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Departrnent
S. LETTERS FROM THE PUBLIC:
Keith Atkins, City Forester, letter dated August 22, 2005, (incorporated within the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSNE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential One.
9.5 PATHWAYS AND GREENBELTS
Pathways are non-motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
Page 5 of 13
K:\Planning Dept\Eagle Applicalions\Dr\2005\DR-72-05 land drf.doc
b. To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The developer shall provide 3-inch minirnum 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
determined otherwise 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 35-foot wide buffer area abutting North Meridian Road and 75-foot wide
buffer abutting Chinden Boulevard (Highway 20/26) for review and approval by the Design
Review Board, prior to City approval of a final plat. The berm and landscaping shall be installed
prior to the issuance of any occupancy permits within the subdivision.
. 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 at the
intersection of West Chartwell Drive and North Meridian Road and within the cul-de-sac and
knuckles for review and approval by the Design Review Board prior to City approval of a final
plat.
. The applicant shall provide a license agreernent from ACHD and ITD approving the landscaping
located within the public rights-of-way abutting and within this site, prior to the City Clerk signing
the final plat.
. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of
light pollution. 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 plat.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7 (1)(4)
Major Roadways: New residential developments, including, but not limited to,
Page 6 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR-72-05 land drf.doc
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right of way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minirnum of thirty five feet (35') 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: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree rnay be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
c. Any road designated as a principal arterial on the Ada County long range highway and
street map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornarnental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
Page 7 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR-72-05 land drfdoc
D. DISCUSSION:
. Keith Atkins, City Forester, submitted correspondence dated August 22, 2005, noting his concern
regarding the diversity of the proposed deciduous trees to be incorporated into the landscaping.
Mr. Atkins believed there were too many ash trees (19%) and maple trees (26%) proposed. The
applicant should set up a meeting with the City Forester to address the diversity of deciduous trees
proposed within this developrnent. The revised landscape plan should be reviewed and approved
by the Design Review Board prior to the City Clerk signing the final plat.
. The applicant is proposing a five foot (5') high vinyl fencing to be constructed on a four foot (4')
wide flat area which will be incorporated into the berm adjacent to Chinden Boulevard. Sheet L
1.3, date stamped by the City on August 4, 2005, indicates the vinyl fence will exceed the highest
point of the berm by two feet (2 '). Per Eagle City Code vinyl fencing is not permitted as part of the
screening requirements of the berm area. The applicant should be required to provide a revised
landscape plan showing the height of the berm along Chinden Boulevard is a minimum often feet
10' high. Should the applicant decide to install a vinyl fence, the fence should not extend above
the highest point of the berm. The revised landscape plan should be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
. Staff defers comment regarding the landscaping 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 Septernber 8, 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 and Grubb absent) to approve DR-72-05 for a design review
application for common area landscaping within Castlebury West Subdivision for Capitol
Development Inc., 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 A-07-05/RZ-ll-05/PP-lO-05 (Castlebury West
Subdivision).
2. Provide a license agreement from ACHD and ITD approving the landscaping located within the public
rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
3. Provide a revised landscaping plan delineating a five foot (5') wide detached meandering sidewalk
adjacent to North Meridian Road. The revised landscape plan shall be reviewed and approved by staff
prior to the City Clerk signing the final plat.
Page 8 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR-72-051and drf.doc
4. The applicant shall provide a revised landscape plan showing the height of the berm along Chinden
Boulevard is a minimum often foot (10') high. Should the applicant decide to install a vinyl fence, the
fence shall be placed on a four foot (4') flat section on the backside of the berm, not to extend above
the highest point of the berm. The revised landscape plan shall be reviewed and approved by the
DesigR Re'{iew BBara staff prior to the City Clerk signing the final plat.
5. The applicant shall set up a meeting with the City Forester to address the diversity of deciduous trees
proposed within this development. The revised landscape plan shall be reviewed and approved by the
DesigR Re'{ie','{ Beara staff prior to the City Clerk signing the final plat.
6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City
Clerk signing the final plat.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Provide a revised landscape plan showing the location of the overhead power lines. The revised
landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
9. Provide a revised landscape plan showing all sidewalks, cross walks. etc. coordinate with regard to
connection to each other as well as connection across roadways and planter strips. The revised
landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall cornply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
Page 9 of 13
K:\Planning Dcpt\Eagle Applications\Dr\2005\DR-72-05 land drf.doc
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 rnade 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 rnaintaining 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 subrnitted to the Eagle
Fire Departrnent 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
Page 10 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR.72.05 land drfdoc
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,I,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
Departrnent 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.
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.
Page 11 of 13
K:\Planning DepI\Eagle Applications\Dr\2005\DR-72-05 land drf,doc
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 ofthat 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 oflandscaping (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:
I. The application for this item was received by the City of Eagle on August 4, 2005.
2. Requests for agencies' reviews were transmitted on August 15, 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-72-05) 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-l (Residential- one dwelling unit per acre) zoning district.
Page 12 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR-72-051and drfdoc
DATED this 22nd day of September 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
~A ~u ~ {~~~~
Sharon . Bergmann, Eagle City Clerk
~,..."'~.;.;..,....,
,,\-i ....~O( ......
Ci ""'OR...... ~ \
cP ~\:
. -.- :. :
. .
~SEAL..4 j
~~ ..~.,."lt.~~O.Jt~
of ... ...... t-',
#"8 OF \~ ,,~
.........".,.
Page 13 of 13
K:\Planning Dept\Eagle Applications\Dr\2005\DR~72-05 land drf.doc