Findings - DR - 2005 - DR-77-05 - Common Area Landscaping, Pool House, And 3 Gazebos In Corrente Bello Pud
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW OF THE COMMON )
AREA LANDSCAPING, POOL HOUSE AND )
GAZEBOS WITHIN CORRENTE BELLO )
PLANNED UNIT DEVELOPMENT FOR )
CARMEN LLC AND GEMST AR )
DEVELOPMENTLLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-77-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 8, 2005, Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter, rnakes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Carmen, LLC, and Gemstar Development, LLC, represented by Gina Fegler with The Land
Group, are requesting design review approval of the common area landscaping, pool house, and
three (3) gazebos within Corrente Bello Planned Subdivision. The 94.89-acre site is located on the
north side of Floating Feather Road approximately Y2-mile west of Eagle Road on the west and
north sides of Eagle Middle School.
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 June 28, 2005, the Eagle City Council approved an annexation and rezone application and a
preliminary plat application for Eagle Creek Subdivision (A-2-05/RZ-4-05/PP-4-05).
E. COMPANION APPLICATIONS:
DR-73-05 (Four monument signs for Corrente Bello Planned Unit Development)
Page 1 of 15
K:\Planning Depl\Eagle Applications\Dr\2005\DR-77_05 land drfdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential R-E (Residential Estates lunit Single Family Dwelling &
per 2 acres) Pasture
Proposed Transitional Residential R-3-DA (Residential1.l5 Single Family, Residential
units per acre with a Planned Unit Development
development agreement)
North of site Residential Estates R-E (Residential Estates lunit Single family residential
per 2 acres) subdivision
South of site Transitional Residential A (Agricultural) Floating Feather Road &
(up to 1 unit per acre) Single Family Dwelling
(Proposed Single Family
Subdivision)
East of site Transitional Residential RUT (Rural Urban Transition- Agriculture & Eagle
& Public/Semipublic Ada Co. Designation) & Middle School
PS(Public/SemipubIic)
West of site Transitional Residential R-E (Residential Estates lunit Single Family Residential
per 2 acres)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing residential dwelling on Lot 12, Block I, that is to remain.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 94.89 Acres
Total Number of Lots - 137
Residential - 109
Common - 28
Total Number of Units - 109
Single-family - 109
Existing - 1
Proposed - 108
Total Acreage of Any Out-Parcels - 0
Page 2 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77_05 land drf.doc
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.15 - units per acre I-unit per acre maximum
(US-units per acre with PUD
density bonus)
Minimum Lot Size 11,932 - square foot 10,000 square foot (minimum)
(approximately)
Minimum Lot Width 75 - foot 75 - foot (minimum)
Minimum Street Frontage 47 - foot 35 - foot (minimum)
Total Acreage of Common Lots 12.08-acres 10% Minimum
Percent of Site as Common Area 12.73% 10% Minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Five buildings; Pool house, pump house, and three gazebos
Height and Nurnber of Stories of Proposed Buildings: Pool house = 18'6"
Pump house = 15'
Gazebos = 13'
Gross Floor Area of Proposed Buildings: Pool house = 3,400-square feet
Pump house = l44-square feet
Gazebos = 273-square feet/each
On and Off-Site Circulation:
Pool House Access:
A 2,100-square foot (approximately) paved parking lot provides parking for vehicles
accessing the pool house. Two (2) eighteen foot (18') wide driveways located on the west
side of the parking lot provides access to Vista Bello Way.
Pedestrian Walkways:
Pedestrian walkways are provided through a detached sidewalk system and through a
multi-purpose pathway system as a portion of the open space design. A detached five foot
(5') wide concrete sidewalk is proposed abutting both sides of all interior roadways,
including the main entrance boulevard. The pathway system and detached sidewalks will
provide interconnectivity throughout this development to the pool house area, existing and
future residential developments, as well as to the Eagle Middle School site.
Bike Paths:
Cyclists will have access to the proposed pathway systern and the required on-street bike
lane throughout the development.
Page 3 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77_0S land drfdoc
K. BUILDING DESIGN FEATURES:
Roof: Terra Cotta Tile
Walls: Wood (18.7%), Masonry (45.9%) and Stucco (35.4%)
Windows/Doors: Vinyl and wood
Fascia/Trim: Wood (cedar)
L. LANDSCAPING DESIGN:
Preservation of Existing Natural Features:
The site is currently open pasture and agricultural land wherein there are few existing trees
on site. The trees located on Lot 24, Block 2, as well as the existing trees located with in
the proposed landscape setback will be reviewed by the City Forester and the Design
Review Board for retention.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Three inch (3") minimum caliper shade-class trees will be installed along both sides
of all streets within this development and placed at the front of each lot generally at each
side property line.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot
for the pool house.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing to use internal mechanical units.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of a zoning certificate.
P. SIGNAGE:
No signs are proposed with this application. (See Companion Applications)
Q. PUBLIC SERVICES A V AILABLE:
The site will be served by Eagle Sewer District and United Water ofIdaho. Approval of the sewer
district and the water company having jurisdiction will be required prior to issuance of a building
permit.
R. PUBLIC USES PROPOSED: None
Page 4 of 15
K:\Planning Depl\Eagle Applications\Dr\2005\DR-77-05 land drfdoc
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes, see tree preservation section above
Riparian Vegetation - no
Steep Slopes - Yes, northern area of the subdivision generally located along the proposed Oceano
Bello Drive
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
V. 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 Sewer District
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated August 23, 2005 (incorporated within the staff
report).
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 Transitional Residential.
B. PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT PROVISIONS, WHICH
ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
· Provide detailed building elevations of the pool house and 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 submittal of 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. 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
Page 5 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77-0S land dr[doc
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of the final plat.
· The applicant shall have an on-site meeting with the City Forester to survey all trees that are
planned to be saved prior to submittal of the design review application. Subsequent to the on-site
meeting, construction fencing should be installed (pursuant to the City Forester's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the
site. No activity whatsoever shall take place within the drip line of the trees.
· Useable amenities such as the pool/clubhouse, picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities as determined by the City Council shall be provided
within the open space areas. Landscape plans showing open space amenities shall be reviewed
and approved by the Design Review Board, prior to the submittal of the final plat.
· Provide a revised preliminary plat/preliminary development plan showing school crossing areas at
the intersection of Floating Feather Road and Corrente Bello A venue and Costa Bello Street and
Corrente Bello Avenue. The location of the crossing areas and the markings for the crossings
(signage, striping, etc) shall be reviewed and approved by the Design Review Board prior to
submittal of a final plat.
· Provide a revised preliminary development plan/preliminary plat plan showing: 1) a 5-foot wide
detached sidewalk with vertical curb and gutter along Floating Feather Road, 2) a cross section of
the road, sidewalk, and streetscape within the buffer area prior to submittal of the final plat.
· The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house, 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 6) a submersible pump in the pump house to reduce noise, and
7) style of ponds to be constructed in reference to mosquito abatement. The design review
application shall be reviewed and approved by the Design Review Board 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-6
1. Site Design Objectives: The site plan design shall minimize impact oftraffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
b. The impact and effect of the site development plan on traffic conditions on contiguous
streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access points,
building location and total site development to prevent traffic conflict or congestion;
Page 6 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77 .05 land dr[,doc
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties
through the proper use of screening with sound and sight buffers, and unsightly areas shall be
concealed or screened and the design review board shall consider:
b. The location and type of new plantings, with due regard to preservation of specimen
and landmark trees, and to maintenance of all plantings;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility
buildings and other unsightly developments;
e. The design and use of open spaces and parks; and
f. The permanent maintenance of all landscaped areas and fencing.
· Eagle City Code Section 8-2A-7(A)
Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the following:
2. Existing trees and vegetation identified by species and size.
· Eagle City Code Section 8-2A-7(C)(I)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
1 x caliper of tree removed
· Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
· Eagle City Code Section 8-4-5
In accordance with subsection 8-4-1A of this chapter, parking spaces for other permitted or
conditional uses not listed herein shall be determined by the administrator. Among the factors
for determining the number of spaces to be required for a use not listed herein, the administrator
shall compare the proposed use with a use which has similar traffic generating characteristics as
outlined in the most recent version of the institute of transportation engineers trip generation
manual.
Page 7 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77-05 land drf,doc
For the purpose of this title, the following space requirements shall apply:
Tvoe Of Use
Outdoor swimming pools, public
or community or club
Off Street Parking Spaces Required
1 for each 4 persons' capacity
D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 9-4-1-6 (D)(1):
D.Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum six feet (6') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a twenty
foot (20') wide pedestrian access easement.
E. DISCUSSION:
· Pursuant to the approval of this application for Corrente Bello Planned Unit Development, 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 per Eagle City Code (unless approved for removal by the City Forester and the Design
Review Board) should be provided for Design Review Board review and approval prior to the
submittal of a final plat. The applicant should set up a meeting with the City Forester to address
the existing trees and incorporating them into the overall landscaping plan proposed within this
development. Subsequent to the on-site meeting, construction fencing should 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 should be required to provide a revised landscape plan showing location and
identifYing species of all existing trees to be integrated into the development.
· The parking area provided for the swimming pool indicates five (5) total parking spaces (inclusive
of one handicap space). Per Eagle City Code outdoor swimming pools require one space for every
four persons capacity. The applicant has not provided staff with an occupancy number for the pool
so a determination can be made regarding the required parking. Although the swimming pool is
being provided for residents within the development there may be occasion where other
individuals from outside the development are invited for an event at the pool. The parking
proposed for the pool area may not meet the parking need for such an event. Staff believes when
the provided parking lot is full individuals will park on the adjacent streets in proximity to the
round-about causing congestion in this area.
The applicant should provide the occupancy number for the pool if additional spaces are required a
revised landscape plan showing the additional parking spaces shall be reviewed and approved by
staff and one Design Review Board member prior to the City Clerk signing the final plat.
Page 8 of 15
K\Planning DepI\Eagle Applicalions\Dr\1005\DR-77-05 land drfdoc
· The pathway delineated on the landscaping plan indicates the pathway to be five feet (5') in width.
The minimum width provided for per Eagle City Code is six feet (6') in width located within a
sixteen foot (16') wide pedestrian access easement. The applicant should provide a revised
landscape plan delineating a six foot (6') wide pathway located within a sixteen foot (16') wide
pedestrian access easement. The revised landscape plan should be reviewed and approved by staff
prior to the City Clerk signing final plat.
· The applicant has delineated a five foot (5') wide pathway on the landscape plan, date stamped by
the City on August 4, 2005, that will provide access from this development to the Eagle Middle
School. The landscape plan shows pavers to be used in the street in close proximity to the
pedestrian access to the school. The applicant should provide a revised landscape plan delineating
a crossing area with related signage near the intersection of Costa Bello Street and Corrente Bello
Avenue. The revised landscape plan shall be reviewed and approved by the Design Review Board
prior to the City Clerk signing the final plat.
· During the hearing process for the preliminary development plan and the preliminary plat the
applicant was requested to provide within the Design Review application a submersible pump in
the pump house to reduce noise and the style of ponds to be constructed to assist with mosquito
abatement. The applicant should provide a cut sheet indicating the type of pump to be used in the
pump house to reduce noise and a revised landscaping plan showing a cross-section of the pond
and the method used to reduce the breeding of mosquitoes within the pond. The cut sheet and
revised landscape plan should be reviewed and approved by the Design Review Board prior to the
City Clerk signing the final plat.
· Site Specific Condition #35 of the Findings Of Fact And Conclusions Of Law Case Number, RZ-
7-05/CU-3-05/PPUD-2-05/PP-7-05, requires the Design Review Board shall pay particular
attention to the design and protection of the Drainage District No.2 drain located along the
western edge of the property. The applicant has identified the sloped area of the drainage ditch
adjacent to the west and north boundary of the southern portion of the development. No
landscaping or amenities have been proposed in close proximity to the drainage ditch. It is staffs
opinion the applicant should provide a revised landscape plan detailing how Drainage District No.
2 drain will be protected. The revised landscape plan shall be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
· The landscape plan, date stamped by the City on August 4, 2005, delineates benches to be located
within the common areas near the tot lots, swimming pool, and pond. It is staff's opinion that more
benches should be located in the larger open space areas adjacent to the pathway. Two (2)
additional benches should be located adjacent to the pathway on Lot I, Block 4, Lot 11 Block 2,
and Lot 14, Block 5, (as shown on the preliminary plat date stamped by the City on April 7, 2005).
The applicant should provide a revised landscape plan showing two additional benches to be
located on each lot (for a total of six (6) benches) within the open space lots adjacent to the
pathway on Lot 1, Block 4, Lot 11 Block 2, and Lot 14, Block 5, (as shown on the preliminary plat
date stamped by the City on April 7, 2005).
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
Page 9 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77-051and drf.doc
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 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-77-05 for a design review
application of common area landscaping, pool house, and gazebos within Corrente Bello Planned
Unit Development for Carmen LLC and Gemstar Development LLC, 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 ofRZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 (Corrente Bello
Planned Unit Development).
2. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way prior to the City Clerk signing the final plat.
3. The applicant shall set up a meeting with the City Forester to address the existing trees and
incorporating them into the overall landscaping plan proposed within this development. 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.
4. Provide a revised landscape plan showing the location and species of all existing trees to be integrated
into the development. 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.
5. Provide the occupancy number for the pool if additional spaces are required a revised landscape plan
showing the additional parking spaces shall be reviewed and approved by staff and one Design Review
Board member prior to the City Clerk signing the final plat.
6. If this development is to be phased all common area landscaping and amenities are required to be
completed or a surety/financial guarantee per Title 9, Eagle City Code prior to the City Clerk signing
the final plat
7. 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.
8. Provide a revised landscape plan delineating a six foot (6') wide pathway located within a sixteen foot
(16') wide pedestrian access easement. The revised landscape plan shall be reviewed and approved by
the Parks and Pathway Development Committee prior to DesigH Revie7/ Board review and approval
prior to the City Clerk signing the final plat..
9. Provide a cut sheet indicating the type of pump to be used in the pump house to reduce noise and a
revised landscaping plan showing a land cross-section of the pond and the method used to reduce the
breeding of mosquitoes within the pond. The cut sheet and revised landscape plan should be reviewed
and approved by fae DesigH Re'.qew Board staff prior to the City Clerk signing the final plat.
Page 10 of15
K:\Planning Depl\Eagle Applications\Dr\l005\DR-77-05 land drfdoc
10. Provide a revised landscape plan delineating a crossing area and related signage from Costa Bello
Street within Corrente Bello. The revised landscape plan shall be reviewed and approved by the
DesigH Re':iew Board staff prior to the City Clerk signing the final plat.
11. Provide a revised landscape plan showing two additional benches to be located on each lot (for a total
of six (6) benches) within the open space lots adjacent to the pathway on Lot I, Block 4, Lot 11 Block
2, and Lot 14, Block 5, (as shown on the preliminary plat date stamped by the City on April 7, 2005).
12. Provide a revised landscape plan showing a 5 foot (5') wide detached sidewalk with vertical curb and
gutter along Floating Feather Road, and a cross section of the road, sidewalk, and streetscape within
the buffer area the revised landscape plan shall be reviewed and approved by the DesigH Review
&affi staff prior to the City Clerk signing the final plat.
13. Provide a revised landscape plan detailing how Drainage District NO.2 drain will be protected. The
revised landscape plan shall be reviewed and approved by the DesigH Re':iew Board staff prior to the
City Clerk signing the final plat.
14. All roof vents on the pool house and pump house shall be painted to match the color of the roof.
15. All ground mounted transformers/cable/phone/mechanical units shall be screened with landscaping.
16. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
17. Provide a revised landscape plan showing the location of power lines and how the proposed
landscaping relates to the overhead power lines. The revised landscape plan shall complv with all
requirements ofIdaho Power with regard to the height of trees and maturity. The revised landscape
plan shall be reviewed and approved bv staff prior to the City Clerk signing the final plat.
18. Provide samples of the building materials and colors to be used in the pool house. The building
materials and colors shall be reviewed and approved bv staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
19. Provide a revised landscape plan showing all sidewalks. cross walks. etc. coordinate with regard to
connection to each other as well as connection across roadwavs and planter strips. The revised
landscape plan shall be reviewed and approved bv staff prior to the City Clerk signing the final plat.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
Page 11 of 15
K\Planning Dept\Eagle Applications\DrI2005\DR-77-05 land drfdoc
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
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.
Page 12 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR.77.05 land drfdoc
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
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 13 of 15
K:\Planning DepllEagle Applications\Dr\2005\DR-77-05 land drfdoc
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 ofthis 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-77-05) 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-3-DA (Residential three units per acre with a development agreement) zoning district.
Page 14 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77-05 land drfdoc
DATED this 22nd day of September 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Eri7:;]ou~
ATTEST:
..Jh~,,-~ I~~~
Sharon K. Bergmann, Eagle Ci Clerk
Page 15 of 15
K:\Planning Dept\Eagle Applications\Dr\2005\DR-77-051and drfdoc