Findings - DR - 2006 - DR-38-06 - Common Area Landscaping In Gladstone Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN GLADSTONE SUBDIVISION )
FOR GEMSTAR DEVELOPMENT LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-38-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 11, 2006. 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:
Gemstar Development LLC, represented by Gina Fegler with The Land Group, is requesting
design review approval of the common area landscaping within Gladstone Subdivision. The site is
located on the south side of East Hill Road approximately I,100-feet west of State Highway 55 at
2511 East Hill Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 6, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 10, 2006. m accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 10, 2006, the Eagle City Council approved a rezone with development agreement and
a preliminary plat application (RZ-I7 -05/PP-I2-05).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Three R-4-DA (Residential with Non-conforming
development agreement) use/pasture
Proposed No Change No Change Residential Subdivision
North of site Residential One R-I (Residential) Single family residential
South of site Residential Four R-4 (Residential) Great Sky Subdivision
East of site Mixed Use MU (Mixed Use) Office/residential
West of site Residential Four R-4 (Residential) Chaumont Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
1. SITE DESIGN INFORMATION:
Total Acreage of Site - 6.92-acres
Total Number of Lots - 23
Residential - 17
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 17
Single-family - 17
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.46-dwelling units per acre (as 2.46-units per acre
conditioned within the
development agreement)
Minimum Lot Size 8,050-square feet (0.I8-acres) 8,000-square feet (0. 1 8-acres)
(minimum)
Minimum Lot Width 70-feet 70-feet (minimum)
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common 2.05-acres 0.69-acres (minimum)
Area
Percent of Site as Common 29% (l.99-acres)* 10%
Area
*Note: Does not include planler slrips, slormdrain lois, the non-buildable lot - Lot I, Block I. or the landscape islands within
the public right-of-way.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J) (4) (a) requires a minimum 35-foot wide landscape buffer area
between urban or rural collectors and new residential developments.
Open Space:
Will provide a total of 29% of common area of which 10% minimum is required.
1.99-acres (29%) which does not include planter strips, storm drain lots, the non-buildable lot -
Lot 1, Block 1, or landscape islands within the public right-of-way.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage plans.
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&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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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. BUILDING DESIGN FEATURES: Pump house
Roof: Shake shingles
Walls: Stucco (beige) with cultured stone wainscoting (Chardonnay Dressed Fieldstone)
Windows/Doors: Metal doors
Fascia/Trim: Wood
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous 4" to 6" caliper
evergreen trees along the south and west property lines of the site. Any tree that conflicts with the
roads or buildable area of a lot are to be relocated on-site within the common areas.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
M. 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.
N. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
O. PUBLIC SERVICES A V AILABLE:
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.
P. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Five-foot (5') wide concrete sidewalks are proposed along both sides of the internal streets,
separated from the back of curb by an eight-foot (S') wide landscape strip. No sidewalk has been
proposed along East Hill Road abutting the northern boundarv of the site.
Q. PUBLIC USES PROPOSED:
A five-foot (5') wide pedestrian pathway is proposed along the western edge of the New Dry
Creek Canal.
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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S. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
U. 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
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
V. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Three, suitable
primarily for single-family residential development within an urbanized setting. Residential
density of up to three dwelling unit per acre may be considered by the City for this area.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(G)(6) - Streetlight spacing
Street
Boundaries
Spacing (Each
Side Of Street)
300 feet (staggered)
Hill Road
Edgewood Lane to New Highway 55
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. Eagle City Code Section 8-2A-7(C)
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved
in writing by the city. Where trees are approved by the city to be removed from the project
site (or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree
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
Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
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 8-2A-7(J)(4)(a)
A minimum 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 may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall.
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chain link. cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
. Eagle City Code Section 8-2A-7(0)
Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to land use problems. Under certain site conditions, a strict
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existing
regulations within this section. Requests for use of alternative landscaping schemes
are justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
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b. Topography, soil, vegetation, or other site conditions are such that full
compliance is impossible or impractical;
c. Due to a change of use of an existing site, the required bufferyard is larger than
can be provided; and
d. Safety considerations are involved.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Provide a revised preliminary plat showing a five foot (5') wide asphalt pathway along the entire
frontage of this development along Hill Road or alternative of compliance as deemed appropriate
by the Design Review Board. The revised preliminary plat shall be reviewed and approved by
staff prior to the City Clerk signing the final plat.
. Extend the landscaping within the buffer along East Hill Road to within nine feet (9') from the
edge of pavement. The nine feet (9') between the landscaping and edge of pavement (along the
entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area
shall be maintained and kept free of weeds and debris.
. Provide a license agreement from ACHD approving the landscaping located with the public right-
of-way of East Hill Road abutting the site, prior to the City Clerking signing the final plat.
. The applicant shall submit a landscape plan showing planting details and amenities to be located
within all the common areas within Gladstone Subdivision. The landscape plan and amenities
shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the
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 the
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 within the landscape strip
between the concrete sidewalk and back of curb abutting all interior streets. 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.
. Useable amenities such as 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.
. Design Review Board approval for the landscaping of the entire site (including useable common
area amenities, subdivision signage, street trees, existing trees, pathways, buffer areas, perimeter
fencing, etc.) is required prior to the approval of a final plat.
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D. DISCUSSION:
. Currently this site is used as a pasture and has a non-conforming commercial use within the
structure located on this site. With the development of this site the non-conforming use will be
removed and replaced with a twenty three (23) lot residential subdivision (seventeen (17)
buildable and six (6) common lots). The development will connect East Halsey Drive located
within Chaumont Subdivision to South Poplar Bluff Avenue located within Great Sky
Subdivision. The Ada County Highway District is requiring this development to connect to the
existing stub streets within Chaumont Subdivision and Great Sky Subdivision with no direct lot
access being permitted to East Hill Road.
. This site abuts East Hill Road; however, the New Dry Creek Canal is located between East Hill
Road and the majority of this property. Eagle City Code requires a 35' wide landscape buffer to
be planted with 4 shade trees, 5 evergreen trees, and 24 shrubs per 1 OO-Iinear feet of frontage on a
5' to 8' high berm. The applicant is requesting an Alternative Method of Compliance for the
required buffer along East Hill Road due to the limitation of space and location of the existing
New Dry Creek Canal in relation to this site. The applicant is proposing to use the common open
area located adjacent to the New Dry Creek Canal on the northern portion of the site as the buffer
for this development. It is the applicant's desire to use the New Dry Creek Canal as an amenity in
its self for the future residences of this development to view the existing wildlife and vegetation
along the canal. Staff defers comment regarding the landscape buffer to the Design Review
Board.
. Per the preliminary plat for Gladstone Subdivision, a 5' wide pathway is proposed to be located
along the south side of the New Dry Creek Canal from the south property line to the west property
line of this site. The applicant should be required to provide a revised landscape plan showing the
5' wide pathway along the south side of the New Dry Creek Canal extending from the south
property line to the west property line of this site. The revised landscape plan should show what
material is to be located on each side of the pathway. The revised landscape plan should be
reviewed and approved by staff prior to the City Clerk signing the final plat.
. Per the Ada County Highway District 2007 - 2011 Five Year Work Program, Hill Road is
scheduled to be improved with three lanes with curb, gutters, and sidewalks and bike lanes
between State Highway 55 to Edgewood Lane in 2009. The Ada County Highway District is
requiring the applicant to provide a road trust deposit for the cost of curb, gutter, sidewalk, and
pavement widening for two hundred eighty-three (283) linear feet. Although these improvements
are scheduled to be constructed within four (4) years, it is staffs opinion that a five foot (5') wide
asphalt pathway should be constructed along the frontage of this development until Hill Road is
improved. The applicant should be required to provide a revised landscape plan showing a five
foot (5') wide asphalt pathway along the entire frontage of this development along Hill Road or
alternative of compliance as deemed appropriate by the Design Review Board. The revised
landscape plan should 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 April 6, 2006, does not show a fence to be
located between the common lot (Lot 2, Block 1) and the New Dry Creek Canal. It is staffs
opinion that a 4' high wrought iron fence with either gates or intermittent openings needs to be
installed between the common lot and the New Dry Creek Canal to provide a barrier between the
open play area and the canal. The applicant should be required to provide a revised landscape
plan showing a 4' high wrought iron fence with gates or intermittent openings between the
common lot (Lot 2, Block 1) and the New Dry Creek Canal. The revised landscape plan should
be reviewed and approved by staff prior to the City Clerk signing the final plat.
. Staff defers comment regarding building design and colors to the Design Review Board.
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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 May 11, 2006, 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 5 to 0 (Barnes and McCullough absent) to approve DR-38-06 for a design review
application of the common area landscaping within Gladstone Subdivision for 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 all applicable requirements of the rezone application and development agreement and the
preliminary plat (RZ-17-05/PP-I2-05).
2. Based on the letter received from the New Dry Creek Canal Companv, date stamped bv the Citv on
Mav 11. 2006, a pathwav is not required to be constructed along the New Dry Creek Canal. PreyiEle a
revised laRdseape plan saowiRg tae 5' wiEle pata'Nay along tae SOlita siEle of tae New Dry Creek CaRal
eJltenEling from tHe SOlitH property line te tae west flroperty line ef tais site. Tae reyiseEllaRElseape
fllan saall sllow waat material is te be leeateEl on eaea side ef tae patHway. Tae reyiseEllanElseape plan
saall Be reviewed and aflpreyed by staff prier te tae City Clerk signing tae final plat.
3. The Board accepts the 9' wide gravel shoulder as a pedestrian pathwav until the Hill Road
improvements are constructed bv the ACHD. Preyide a reyiseEllaRdseape plan sHewiRg a five f~ot (5')
wide aspHalt patH'Nay aleng tae entire froRtage ef tHis E1e'ieleflmeRt along Hill Read er altematiye of
wmplilmee as deemed aflpreflriate by tile Design Reyiew Board. Tae revised IaRdseafle plan SHall be
reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat.
4. Provide a revised landscape plan showing a 4' high wrought iron fence wita gates or intermittent
opeRiRgs between the common lot (Lot 2, Block 1) and the New Dry Creek Canal. The revised
landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
5. The landscape plan date stamped bv the Citv on April 6, 2006, show the landscape buffer along East
Hill Road within 9' of the edge of pavement. Extend tHe landseafling witain tile bliffer aleRg East Hill
Read to witHin RiRe feet (9') frem tile edge of flayement. The nine feet (9') between the landscaping
and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ACHD.
The gravel shoulder area shall be maintained and kept free of weeds and debris.
6. Provide a license agreement from ACHD approving the landscaping located with the public right-of-
way of East Hill Road abutting the site, prior to the City Clerking signing the final plat.
7. All roof vents on the pump house shall be painted to match the color of the roof.
8. All overhead power Jines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
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9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. 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.
11. The landscape plan, date stamped bv the Citv on April 6, 2006. showing an alternate method of
compliance along East Hill Road is approved.
STANDARD 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.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity. shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
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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.
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
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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.
lS. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 6, 2006.
2. Requests for agencies' reviews were transmitted on April 10, 2006, in accordance with the
requirements of the Eagle City Code.
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3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-38-06) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-4-DA (Residential with development agreement) zoning district.
DATED this 25th day of May 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada C , Idaho
ATTEST:
ft~Kv?u~
Sharon'K. Bergmann, Eagle City lerk
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Page 13 of 13
K:\PlamIing Dept\Eagle Applicatioru;\Dr\2006\DR-38-061and drf.doc