Findings - DR - 2006 - DR-84-06 - Common Area Landscaping In Lighhouse Subdivsion
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN LIGHTHOUSE )
SUBDIVISION FOR RINCONADA DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-84-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 14, 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:
Rinconada Development, represented by Eric Jensen with Jensen Belts Associates, PLLC, is
requesting design review approval of the common area landscaping within Lighthouse
Subdivision. The 19.35-acre site is located on the south side of West Beacon Light Road
approximately Y2-mile east of Ballantyne Lane at 1101 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 9, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 14, 2006, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 20, 2006, the Eagle City Council approved an annexation, rezone, and preliminary plat
for Lighthouse S ubdi vision ( A-IS -05/RZ- 22-05/PP -15-05).
E. COMPANION APPLICATIONS: DR-85-06 (design review sign application)
Page I of 13
K:\Phmning Dtpl\Eag~ Applkaliolls\Dr\2006\DR-84-06 land JrfJLH:
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Residential Estates R-E (Residential - up to one Single-family
unit per two acres maximum) dwell ing/pasture
Proposed No Change No Change Residential Subdivision
North of site Residential Rural RUT (Residential- Ada Single-family
County designation) dwellings/pasture
South of site Residential Estates R-E (Residential - up to one Kolander Subdivision
unit per two acres maximum) within Academy Place
Subdivision
East of site Residential Estates RUT & RI (Residential- Ada Single-family
County designation) dwellings/pasture
West of site Residential Estates RUT (Residential- Ada Single-family
County designation) dwellings/pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing house that is to be removed. There are eight (8) existing trees located 011 this
site.
1. SITE DESIGN INFORMATION:
Total Acreage of Site - 18.93-acres
Total Number of Lots - 11
Residential - 9
Commercial - 0
Industrial - 0
Common - 2
Total Number of Units - 9
Single-family - 9
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of 13
K:\Phmning Dtpl\Eaglt Applicalinns\Dr\2006\DR-84-06 h.lllJ Jrl.Joc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.48-units per acre I-unit per two-acres maximum
(0.50-units per acre)
Minimum Lot Size \.8-acres (78,576-square feet) \.8-acres (78,408-square feet)
Minimum Lot Width 240-feet (approximately) 100-feet (minimum)
Minimum Street Frontage 58-feet 35-feet (minimum)
Total Acreage of Common Area 0.69-acres (30,30 I-square feet) Not required in R-E zone
Percent of Site as Common Area 3.6% Not required in R-E zone
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building for the irrigation pump station.
Height and Number of Stories of Proposed Buildings: II W high; one story.
Gross Floor Area of Proposed Buildings: 168-square feet
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES:
Roof: Composition Architectural Shingle (Terra Cotta)
Walls: Vinyl Lap siding (Limestone Ridge)
Windows/Doors: Metal garage door (Limestone Ridge)
FascialTrim: Metal (Terra Cotta)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are eight (8) existing trees located on
this site, the applicant is proposing to retain five (5) of the eight (8) trees. The applicant is
proposing to incorporate five (5) Silver Maple trees into the landscape berm.
Tree Replacement Calculations: The applicant is proposing to remove two (2) Colorado Blue
Spruce trees and one Callery Pear tree from the site, which have a total value of $3,300.00.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees along both sides of the street, however, the
street trees are not located on each lot comer as required within the approval of the preliminary
plat.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Page 3 of 13
K:\PlulIlliug lkpt\Eagle Arrli.:ali\llls\Dr\1006\DR-84-06 lund ,H_d,,..:
Parking Lot Landscaping: N/ A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGN AGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
A preliminary approval letter from the Eagle Fire Department has 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
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - see City Foresters Report (attached)
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes
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 incorporated herein by
reference and is attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Chevron Pipeline
Division of Environmental Quality
Page 4 of 13
K:\PluJllling lkpt\Eagk Arrlk:ati(l1l~\Dr\2006\DR-84--06 land JrfJuc
Eagle Fire Department
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Memo from Julie Lafferty, City Forster, date stamped by the City on August 15,2006
(incorporated herein by reference and is attached to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. The swales (borrow ditches) along both sides of the roadways within this subdivision shall have a
maximum slope of 4: I (or as approved by the Ada County Highway District), planted with grass
seed or sod and shall be maintained by the homeowners association.
. 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
determined otherwise by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board review and
approval prior to the applicant submitting an application for 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 abutting this site for review
and approval by the Design Review Board, prior to the applicant submitting an application for
final plat. The benn 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.
. Provide a revised preliminary plat showing a landscape island to be located within the cul-de-sac
of Emily Meadows Place. The revised preliminary plat shall be reviewed and approved by staff
prior to the applicant submitting an application for final plat.
Page 5 of 13
K:\Plalllling Dt:[1I\Eaglt Arrlicatilllls\Dr\2()()()\DR-84-06 luuo JrfJ'H;
. 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 within the
cul-de-sac for review and approval by the Design Review Board prior to the applicant submitting
an application for final plat.
. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the applicant submitting an
application for final plat.
. The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for the irrigation pump house (located on Lot 1 \, Block I), for review
and approval by the Design Review Board prior to the applicant submitting an application for final
plat. The pump house shall be located to comply with all required setbacks for the R-E zoning
district.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section S-2A-7(C)(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
I x caliper of tree removed
. Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection Cl of this section.
. Eagle City Code Section S-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 (S) 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 (S') 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 (I') 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
Page 6 of 13
K:\Plunning Dtpt\Eagk Applil.:uti'llIs\Dr\2006\DR.84-06 J;.IIHJ llrt.l.l.IC
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
. Eagle City Code Section S-2A-7(M)(3)
Within residential developments one shade class (class II or class III) tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all streets
within the five foot (5') wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the distance
between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (SO') of
street fron tage.
. Eagle City Code Section S-2A-7(0)(3)
Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified in
the application submitted under subsection 02 of this section. If the application is approved,
the amount to be contributed by the applicant will be based upon the total caliper inches of
deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed
from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous
trees shall be determined by resolution of the city council. The applicant shall have the right to
review and consider the value determination, and following said review, to reapply for other
alternative methods of compliance, without prejudice, in accordance with subsection 02 of
this section.
D. DISCUSSION:
. The landscape plan, date stamped by the City on August 9, 2006, does not show street trees to be
located at each side lot line comer. Per Eagle City Code and the preliminary plat approval for
Lighthouse Subdivision, a shade class tree is required to be planted 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.
. Per Eagle City Code, a fifty foot (50') wide buffer area (not including right of way) is required
along Beacon Light Road. The buffer area is required to have five (5) shade trees, eight (S)
evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs per one hundred
(100) linear feet of right-of-way. The landscape plan date stamped by the City on August 9, 2006,
shows sixty four (64) deciduous trees, nineteen (19) evergreen trees, zero (0) flowering/ornamental
trees, and one hundred fifty four (\54) shrubs proposed along Beacon Light Road. There are five
(5) existing silver maple trees located approximately thirty feet (30') west of the proposed road
into this site that the applicant is proposing to retain and incorporate into the buffer along Beacon
Light Road. The propose landscape plan has a surplus of thirty four (34) deciduous trees in
addition to the five (5) silver maple trees that are to be retained and is short twenty nine (29)
evergreen trees and eighteen (IS) flowering/ornamental trees. The applicant should reduce the
number of deciduous trees by approximately thirty four (34) trees. The applicant should be
required to provide a revised landscape plan showing the addition of twenty nine (29) evergreen
trees and eighteen (1S) flowering/ornamental trees within the fifty foot (50') wide buffer area. The
landscape plan should be reviewed and approved by staff and two members of the Design Review
Page 7 of 13
K:\PlumulIg Dt:ptlliugle Applil.:utinlls\Dr\2006\DR-84-06 lunu Jrh.loc
Board prior to the City accepting a final plat application. Per the letter from Layne Dodson with
Idaho Power Company, dated August 15, 2006, there are overhead power lines that existing in the
area. The Idaho Power Company request that care be taken in selecting trees to be located within
the berm that will not exceed twenty five (25) feet at maturity.
. The applicant is proposing to remove two (2) Colorado Blue Spruce trees and one Callery Pear
tree from the site, which have a total value of $3,300.00. The applicant should be required to
provide a financial contribution to the City Tree Fund in the amount of $3,300.00 for the removal
of the three (3) trees (two Colorado Blue Spruce trees and one Callery Pear tree). The financial
contribution should be paid to the City of Eagle Tree Fund prior to the submittal of a final plat.
. Per the City Foresters memo, date stamped by the City on August 15,2006, additional trees should
be planted on the east and west sides of the irrigation pond to help control algae. Staff defers
comment to the Design Review Board regarding additional trees being planted on the east and
west sides of the pond.
. 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 September 14, 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 (Stanger and Weber absent) to approve DR-S4-06 for a design review
application for the common area landscaping within Lighthouse Subdivision for Rinconada
Development, 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 shade class tree to be planted at the front of each lot on the
side lot lines. The revised landscape plan shall show all street trees to be separated bv eightv feet (SO')
maximum Elf as af3proved b) tile DesigH Reyiew Board aRd within five-feet (5') of the edge of the
roadway. The revised landscape plan shall be reviewed and approved by staff prior to the City
accepting a final plat application.
2. Provide a revised landscape plan showing the addition of twenty nine (29) evergreen trees and
eighteen (1S) flowering/ornamental trees within the fifty foot (50') wide buffer area. The landscape
plan shall be reviewed and approved by staff and one ffi'e members of the Design Review Board prior
to the City accepting a final plat application.
3. The letter from Layne Dodson with Idaho Power Company, dated August 15,2006, indicates that there
are overhead power lines that exist in the area. The Idaho Power Company request that care be taken
in selecting trees to be located within the berm that will not exceed twenty five (25) feet at maturity.
Page 8 of 13
K:\PluUlling [kpt\Eagl~ Arrlil,:ati()lL~\Dr\2006\DR~g4-06 land uti".J!),,;
4. Provide a revised landscape plan showing where the eleven inch (11") caliper Callery Pear tree is to be
relocated on site. Provide a financial contribution to the City Tree Fund in the amount of $470.00
$3,300.00 for the removal of the two (2) thme (3) trees (two Colorado Blue Spruce trees ami ORe
Callery Pear tr-ee). The revised landscape plan shall be reviewed and approved bv staff and the
financial contribution shall be paid to the City of Eagle Tree Fund prior to the submittal of a final plat.
5. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the applicant submitting an application
for final plat.
6. All roof vents on the pump house shall be painted to match the color of the roof.
7. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. 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.
10. Provide revised elevation plans showing the color of the building and the roof of the pump house to be
toned down. The detailed elevations and color samples shall be reviewed and approved by staff and
one member of the Design Review Board prior to the applicant submitting an application for final plat.
11. Provide a revised landscape plan showing additional trees to be located on the east and west sides of
the irrigation pond. The revised landscape plan shall be reviewed and approve by staff and one
member of the Design Review Board prior to the applicant submitting an application for final plat.
12. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site. The construction fencing: shall
be indicated on a revised landscape plan that shall be reviewed and approved bv staff and one member
of the Design Review Board.
13. Anv existing trees that are damaged during the construction process shall be replaced with. new
healthy trees of equivalent caliper pursuant to Eagle Citv Code and the direction of the Citv Forester.
14. Provide a plan that incorporates regular observation. maintenance, and mitigation of the pond svstem.
The plans shall incorporate specific corrective measures to deal with algae, odors, aesthetics, pest
control (mosquitoes) and other potential issues associated with stagnate water.
ST ANDARD 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 Centra] 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.
Page 9 of 13
K:\Planning Ikpt\Eagle Arr]i,,;tlti(l1l~\Dr\2006\DR-84.06 land Jrb.hlc
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 (I) has
been made in such a manner that the tlow 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 retlect 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
Page 10 of 13
K:\Plallnillg [)~rt\Eagk Arr1i(;.lti'1lIs\Dr\2006\DR-84"06laml JrfUlH.;
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 \,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
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.
Page II of 13
K:\PlulIlling Dept\Eagk Arrlicati\llls\Dr\2006\DR.84-06 lanJ urfJ<H.:
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 August 9,2006.
2. Requests for agencies' reviews were transmitted on August 14, 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-84-06) 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 (Residential - up to one unit per acres maximum) zoning district.
Page 12 of 13
K:\Plulluing Do;pt\E<lgk Arrlil,:ati"l1s\J)r\2006\[)R.8~.061"IlJ Jrf.J<1l:
DA TED this 28th day of September 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou
ATTEST:
Page 13 of 13
K:\Planning Ikpt\Eagle Arrlicalions\Dr\2006\DR-84-06 land JrfJ,)l,;