Findings - DR - 2006 - DR-44-06 - Common Area Landscaping In The Meadows At Park Place
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN THE MEADOWS AT)
PARK PLACE FOR CHAD MOFFAT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-44-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 8, 2006. The 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:
Chad Moffat, represented by Phil Hull with The Land Group, Inc., is requesting design review
approval of the common area landscaping within The Meadows at Park Place. The site is located
on the west side of North Park Lane approximately V2-mile north of Floating Feather Road at 1945
North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 4, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 9, 2006, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 14, 2006, the Eagle City Council approved an annexation, rezone, and preliminary plat
application for Moffat Subdivision (A-03-05/RZ-OS-05/PP-06-05).
E. COMPANION APPLICATIONS: DR-45-06 (design review sign application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Two R-2 (Residential) Residential Subdivision
Proposed No Change No Change No Change
North of site Residential Two RUT (Residential- Ada Residence/Pasture
County designation)
South of site Residential Two RUT (Residential- Ada Residence/Pasture
County designation) and R-E Loch Lomond Subdivision
(Residential Estates)
East of site Residential Two RUT (Residential - Ada Pasture
County designation)
West of site Residential Two RUT (Residential- Ada Pasture
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 14.6-acres
Total Number of Lots - 30
Residential - 24
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 24
Single-family - 24
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 1.64 2 units per acre maximum
Minimum Lot Size 17,424-square feet (OA-acres) 17,OOO-square feet (0.39-acres)
(minimum)
Minimum Lot Width 103-feet 75-feet (minimum)
Minimum Street Frontage 43-feet 35-feet
Total Acreage of Common Area 1.48-acres 1.46-acres (minimum)
Percent of Site as Common Area 10.1% 10%
*0.85-acres (5.8%) - planter
strip & landscape buffer
*0.63-acres (4.3%) - common
area to include an irrigation
and amenity pond
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (1) (4) (a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of
2 designates a pathway to be constructed within the Chevron Pipeline easement
intersecting this site.
Open Space:
Will provide a total of 10.1 % of site as open spacelcommon area.
0.85-acres (5.8%) - planter strip & landscape buffer
0.63acres (4.3%) - common area to include an irrigation and amenity pond
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
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Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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. 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 a nine-foot (9') wide landscape strip. A five-foot (5') wide
meandering concrete sidewalk is proposed along North Park Lane abutting the eastern boundary of
the site.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install street trees 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
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report and
incorporated herein by reference. Comments, which appear to be of special concern, are noted
below:
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letterfrom Julie Lafferty, Eagle City Forester, dated May 10, 2006, (is attached to the staff report
and incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. 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
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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 submittal of the final plat.
. Useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities as determined by the Eagle Design Review Board and 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 and City Council prior to
the submittal of the 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 the 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 submittal of the final plat.
. The applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6 a minimum ten (10) foot wide asphalt public pathway in a landscaped strip located
within the Chevron Pipeline easement. The pathway design and surrounding landscaping shall be
reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat
application(s). The asphalt pathway, excluding the landscaped areas, shall be located in an
easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle
City Code Section 9-4-1-6(E)(2) prior to the submittal of the final plat.
. All construction details of the pathways within the development (i.e. width, specific location, and
surface material) should be reviewed and approved by the Park & Pathway Committee and the
Design Review Board prior to application for a final development planlfinal plat.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)(b)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
D. DISCUSSION:
. Sheet Ll.l, date stamped by the City on May 4,2006, shows an attached sidewalk around the cul-
de-sac located near the southwest comer of the proposed development. Per Eagle City Code, the
five foot (5') wide sidewalk is to be separated from the back of curb by a five foot (5') wide
planter strip. The Ada County Highway District and the City of Eagle have agreed to require an
eight foot (8') wide planter strip to provide adequate room for the street trees. The applicant
should be required to provide a revised landscape plan showing a five foot (5') wide sidewalk
separated by an eight foot (8') wide landscape strip around the cul-de-sac located near the
southwest comer of the proposed development. The revised landscape plan should show street
trees placed at the front of each lot generally at each side property line around the cul-de-sac. The
revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing
the final plat.
. Sheet Ll.2, date stamped by the City on May 4, 2006, shows the required number of trees to be
planted on the west side of the meandering sidewalk along North Park Lane with the exception of
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four (4) ornamental flowering trees. It is staffs opinion that additional trees need to be located on
the east side of the meandering sidewalk along North Park Lane so as to create visual interest to
passing motorist and pedestrians. The applicant should be required to provide a revised
landscaping plan showing additional trees to be located on the east side of the five foot (5')
meandering sidewalk. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to the City Clerk signing the final plat.
. Sheet Ll.l, date stamped by the City on May 4,2006, shows a ten foot (10') wide concrete
sidewalk to be constructed from the cul-de-sac to the west property line of this site generally
located within the Chevron Pipeline easement. The Chevron Pipeline does not allow trees to be
planted within their 16 Y2' wide easement; however, they do permit shrubs that have a one foot (1 ')
root system. The applicant should be required to provide a revised landscape plan showing no
trees but shrubs with a one foot (1 ') root system and grass planted within the Chevron Pipeline.
The applicant should be required to comply with all requirements of the Chevron Pipeline. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to the City Clerk signing the final plat.
. The buildable area of Lot 8 and 9, Block 2, is shown to be located within two feet (2') and ten feet
(10') (respectively) of the pathway proposed within the Chevron Pipeline. In previous
applications, the applicant is not permitted to build within fifteen feet (15') of any pathway. The
purpose of this requirement is to create an open area that is safe for pedestrians using the pathway.
The applicant should be required to provide a revised landscape and preliminary plat plan showing
the buildable area of Lots 8 and 9, Block 2, to be a minimum of fifteen feet (15') from the edge of
the pathway. The revised landscape and preliminary plat plans 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.
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 June 8, 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 (Grubb absent) to approve DR-44-06 for a design review application for
the common area landscaping within The Meadows at Park Place for Chad Moffat, 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. Provide a revised landscape plan showing a five foot (5') wide sidewalk separated by an eight foot (8')
wide landscape strip around the cul-de-sac located near the southwest corner of the proposed
development. The revised landscape plan shall show street trees placed at the front of each lot
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generally at each side property line around the cul-de-sac. The revised landscape plan shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
2. Provide a revised landscaping plan showing additional trees to be located on the east side of the five
foot (5') meandering sidewalk along Park Lane. 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.
3. Provide a revised landscape plan showing no trees but shrubs with a one foot (1 ') root system aR4
gffi$ planted within the Chevron Pipeline. The applicant shall be required to comply with all
requirements of the Chevron Pipeline. 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.
4. Provide a revised landscape and preliminary plat plan showing the buildable area of Lots 8 and 9,
Block 2, to be a minimum of fifteen feet (15') from the edge of the pathway. The revised landscape
and preliminary plat plans shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
5. Provide a revised landscape plan indicating the ten foot (10') wide pathway located within the
Chevron Pipeline to be constructed of asphalt. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
6. Open style fencing or a solid fence (not exceeding 4' in height) shall be located adjacent to all
common areas and pathways.
7. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
City Clerk signing the final plat.
8. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy within this development.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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. Provide revised elevation plans showing the design of the pump house. Provide material and color
samples to be used in the construction of the pump house. The revised elevation plans. material and
color samples shall be reviewed and approved bv staff and one member of the Design Review Board
prior to the Citv Clerk signing the final plat.
12. Provide a revised and enlarged landscape plan of the pump house area showing additional plant
material to screen the facilitv. The revised landscape plan shall be reviewed and approved bv staff and
one member of the Design Review Board prior to the Citv Clerk signing the final plat.
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.
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3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
IS. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
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elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved Drior 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 May 4, 2006.
2. Requests for agencies' reviews were transmitted on May 9, 2006, 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-44-06) 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-2 (Residential) zoning district.
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DATED this 22nd day of June 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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