Findings - DR - 2006 - DR-59-06 - Common Area Landscaping In Vizcaya Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN VIZCA Y A SUBDIVISION )
FOR PATRIOT CAPITAL PARTNERS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-59-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 13, 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:
Patriot Capital Partners, LLC, represented by Jeremy Ainsworth with The Land Group, Inc, is
requesting design review approval of the common area landscaping within Vizcaya Subdivision.
The site is site is located on the south side of Beacon Light Road between Los Luceros Drive and
Edgewood Road at 1425 East Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 7, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 9, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2006, the Eagle City Council approved an annexation, rezone, and preliminary plat
application for Thompson Acres Subdivision, now called Vizcaya Subdivision (A-02-06/RZ-02-
06/PP-03-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates RUT (Rural Urban Transition- Single family dwelling &
Ada County Designation) pasture
Proposed Residential Estates R-E-DA (Residential Estates Single family residential
1 unit per 2 acres with a subdivision
development agreement)
North of site Rural Residential RUT (Rural Urban Transition- Single family residential
Ada County Designation) subdivision (Beacon Light
Estates)
South of site Floodway and R-2 DA P (Residential Two - Single family residential
Residential Two 2 units per acre with a subdivision - varied lot
development agreement and sizes (Brookwood
planned unit development) Subdivision)
East of site Residential Estates A-R (Agricultural Residential Single family residential
- I unit per 5 acres) subdivision (Rocket Bar
Estates)
West of site Residential Estates A-R (Agricultural Residential Single family residential
- I unit per 5 acres) subdivision (Los Luceros)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISITCS:
Currently the site, an approximate 73-acre parcel, is used for farming purposes and has one single-
family house located at the northeast comer of the property.
1. SITE DATA:
Total Acreage of Site ~ 73.53 +/- acres
Total Number of Lots - 37
Residential - 32
Common ~ 5
Total Number of Units - 32
Single-family - 32
Existing - 0
Proposed - 32
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.435 units/acre I-unit per 2 acres maximum
(.5 units/acre)
Minimum Lot Size 1.8-acres (78,408 sq. ft.) 1.8-acres (78,408 sq. ft.)
Minimum Lot Width 170-feet (approximately) 100- feet
Minimum Street Frontage 38.96-feet 35-feet
Total Acreage of Common Lots 7.4 7 -acres O-acres minimum
Percent of Site as Common Area 10.16% 0%
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: one irrigation pump house building
Height and Number of Stories of Proposed Buildings: one story
Gross Floor Area of Proposed Buildings: not known
K. BUILDING DESIGN FEATURES:
Roof: not known
Walls: not known
Windows/Doors: not known
Fascia/Trim: not known
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Dry Creek is located along the southern
boundary of the site and includes some wetland area and mature trees, which are proposed to be
preserved.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed to be placed at the front of each lot on the side lot lines and
within five-feet (5') of the edge of the roadway.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: NI A
O. OUTDOOR LIGHTING:
A light plan showing location, height, and wattage of all street lights is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application for the two
proposed monument signs has been submitted to the City (DR-60-06).
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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. The applicant will extend the existing water
line and mainline sewer, located at the north end of Brookwood Subdivision, through the site for
connection to each lot.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes, portions of the site are within the Dry Creek f100dway and 100-year floodplain
Mature Trees - yes, see Preservation of Existing Natural Features section above
Riparian Vegetation - yes, wetlands along Dry Creek along the south property line
Steep Slopes - no
Stream/Creek: yes, Dry Creek along the south property line
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife Habitat - yes, raccoon, skunk, hawk, dove, etc. as noted in the Preliminary Plat
application submitted by the applicant
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 herein by
reference and is attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Julie Lafferty, City Forester for City of Eagle, date stamped by the City on July 6,
2006 (incorporated herein by reference and is attached to the staff report).
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable
primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
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uses.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Provide a five foot (5') wide (minimum) meandering concrete sidewalk along Beacon Light Road
within the 50-foot wide landscape buffer, prior to the submittal of a final plat. The sidewalk shall
be installed prior to the issuance of any occupancy permits within the subdivision.
. Provide a minimum six foot (6') wide pathway within the twenty foot (20') wide public access
easement which extends from Vizcaya Way (within the common lot) south to the property line
along Dry Creek, prior to the submittal of the final plat. The pathway shall be installed prior to the
issuance of any occupancy permits within the subdivision.
. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvements within the swales (borrow ditches). Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
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
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester
to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
. The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 50-foot wide buffer area along Beacon Light Road for review and approval by
the Design Review Board, prior to submittal of the final plat. The berm and landscaping shall be
installed prior to the issuance of any occupancy permits within the subdivision.
. Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the
edge of pavement. The 9-feet 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.
. The applicant shall submit a design review application showing any proposed subdivision signage
and a landscape plan showing planting details within the proposed landscape islands located at the
entrance to the subdivision and within all cul-de-sac's for review and approval by the Design
Review Board prior to the submittal of the final plat.
. The applicant shall submit a design review application with a landscape plan showing planting
details, trail details, sidewalk details, benches, bridge details (if not depositing half the amount of
the money to construct and install the bridge to the City of Eagle Parks and Pathways
Development Committee account for future bridge construction by the City) and other proposed
amenities within all common lots and any landscape easements for review and approval by the
Design Review Board prior to the submittal of the final plat.
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. The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for an irrigation pump house or any type of irrigation facilities for
review and approval by the Design Review Board prior to the submittal of a final plat. If
proposed, a pump house shall be located to comply with all required setbacks for the R-E zoning
district.
. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of
light pollution. The applicant shall submit cut sheets showing street lighting details for review and
approval by the Zoning Administrator prior to the submittal of the final 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.
. 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 Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches
12 1/4 inches or more
1.5x caliper of tree removed
Ix 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 Cl of this section.
. Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') 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: five (5) shade
trees, eight (8) evergreen trees, three (3) flowering/ornamental 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.
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D. DISCUSSION:
. Sheet L 1.2, date stamped by the City on June 7, 2006, shows all the required number of trees to be
planted on the south side of the meandering sidewalk along Beacon Light Road. It is staff s
opinion that some of the trees within the berm need to be located on the north side of the
meandering sidewalk along Beacon Light Road so as to create visual interest to passing motorist
and pedestrians. The applicant should be required to provide a revised landscaping plan showing
some of the trees within the berm to be located on the north side of the five foot (5') meandering
concrete sidewalk adjacent to Beacon Light Road. The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the submittal of the
final plat.
. Sheet L1.4, date stamped by the City on June 7, 2006, shows a ten foot (10') wide asphalt access
lane to be constructed from Vizcaya Way to the mid-point of the pond. To meet a condition of
approval from the Preliminary Plat (A-02-06/RZ-02-06/PP-03-06), the applicant should be
required to provide a revised landscape plan showing a minimum six-foot (6') wide pathway
extending south from the ten-foot (10') wide asphalt access lane to the south property line within
Block 1, Lot 23. The revised landscape plan should be reviewed and approved by staff prior to the
submittal of the final plat.
. The application indicates the construction of an irrigation pump house somewhere on the site. The
applicant should be required to provide a revised landscape plan showing the location of the
irrigation pump house (including any other irrigation facilities) and their proposed square footage.
The landscape plan shall be reviewed and approved by staff prior to the submittal of the final plat.
. The applicant submitted a picture of the irrigation pump house that included no details. The
applicant should be required to provide detailed elevations, including measurements and materials,
of the irrigation pump house matching the materials used within the development (i.e. monument
sign, site walls, etc.). The detailed elevations should be reviewed and approved by staff and one
member of the Design Review Board prior to the submittal of the final plat.
. A condition of approval from the Preliminary Plat (A-02-06/RZ-02-06/PP-03-06) states all
irrigation pump houses and any other type of irrigation facilities should be screened with planting
materials. The applicant should be required to submit a revised landscape plan showing planting
details and screening details for an irrigation pump house (including any other irrigation facilities).
The revised landscape plan shall be reviewed and approved by staff prior to the submittal of 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 July 13, 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).
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BOARD DECISION:
The Board voted 5 to 0 (Barnes and Wright absent) to approve DR-59-06 for a design review
application for the common area landscaping within Vizcaya Subdivision for Patriot Capital, LLC,
with the following staff recommended site specific 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:
I. Comply with any applicable conditions of Thompson Acres Subdivision, now called Vizcaya
Subdivision (A-02-06/RZ-02-06/PP-03-06).
2. Provide a revised landscaping plan showing some of the trees within the berm to be located on the
north side of the five foot (5 ') meandering concrete sidewalk adjacent to Beacon Light Road. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to the submittal of the final plat.
3. Provide a revised landscape plan showing a minimum six-foot (6') wide pathway extending south from
the ten-foot (10') wide asphalt access lane to the south property line within Block 1, Lot 23. The
revised landscape plan shall be reviewed and approved by staff prior to the submittal of the final plat.
4. Provide a revised landscape plan showing the location of the irrigation pump house (including any
other irrigation facilities) and their proposed square footage. The landscape plan shall be reviewed and
approved by staff prior to the submittal of the final plat.
5. Provide detailed elevations, including measurements and materials, of the irrigation pump house
matching materials used on the site (i.e. monument sign, site walls, etc.). The detailed elevations shall
be reviewed and approved by staff and one member of the Design Review Board prior to the submittal
of the final plat.
6. The applicant shall submit a revised landscape plan showing planting details and screening details for
an irrigation pump house (including any other irrigation facilities). The revised landscape plan shall be
reviewed and approved by staff prior to the submittal of the final plat.
7. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Provide
a revised landscape plan and accompanying letter from the City Forester, showing all trees that will be
preserved on the site and all trees that will be removed from the site. Subsequent to the on-site
meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all
trees that are to be preserved, prior to the commencement of any construction on the site. The revised
landscape plan shall be reviewed and approved by staff and two members of the Design Review Board
prior to the submittal of the final plat.
8. Provide a revised landscape plan showing the five-foot (5 ') wide CElRerete asphalt pathway located
along the east side ofVizcaya Way connecting to the meandering the five-foot (5') wide concrete
pathway located along East Beacon Light Road. The revised landscape plan shall be reviewed and
approved by staff prior to the submittal of the final plat.
9. All roof vents on the pump house/irrigation facilities shall be painted to match the color of the roof.
10. Provide a license agreement from ACHD allowing the installation oflandscaping 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.
11. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this development.
12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
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City Code.
13. Soomit $400.00 te the City, at the time efbl:lilaing !lermit 5l:lBmittal, for the Engifleering drainage
re'..iew fer the ell:lb hel:lse.
14. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
15. 800mit $150.00 te the City, at the time ef the eIHbh01:lse builaiflg pwait sUBmittal, fer the Plaflning
aRd Zefliflg !lIaR re'Rew.
16. 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.
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
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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 (I) 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.
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
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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.
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 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 7, 2006.
2. Requests for agencies' reviews were transmitted on June 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-59-06) 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-E-DA (Residential Estates with a development agreement) zoning district.
DATED this 27th day of July 2006.
ATTEST:
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'-'Sharon k. Bergmann, Eagle City Clerk
Page 12 of 12
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