Findings - DR - 2006 - DR-106-06 - Common Area Landscaping In Sylvan Woods Subd/843 N Ballantyne Lane
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MA TTER OF AN APPLICATION FOR A
DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN SYLVAN WOOD
SUBDIVISION FOR SYLVAN WOOD I, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-I06-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 9, 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:
Sylvan Wood I, LLC. represented by Phil Hull with The Land Group, Inc., is requesting design
review approval of the common area landscaping within Sylvan Woods Subdivision. The site is
generally located on the southwest corner of Nonh Ballantyne Lane and West Floating Feather
Road at 843 Nonh Ballantyne Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 4,2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 19, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEV ANT PREVIOUS ACTIONS:
On October 24, 2006, the Eagle City Council approved an annexation, rezone. and preliminary
plat application for Sylvan Wood Subdivision (A-13-06/RZ-16-06 and PP-14-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA nON
Existing Residential One (I unit RUT (Rural Urban Transition- Single Family Dwelling &
per acre maximum) Ada County Designation) Agricultural Uses
Proposed Residential One (I unit R-I-DA (Residential-I unit Single Family, Residential
per acre maximum) per acre with a development Subdivision
agreement)
North of site Residential Estates (I R-E (1 unit per 2 acres Single Family. Scotch
unit per 2 acres maximum) Subdivision
maximum)
South of site Residential One (I unit R-2-DA-P (Residential with a Single Family. Countryside
per acre maximum) development agreement and Subdivision
PUD)
East of site Residential One (I unit R-I (Residential-I unit per Single family. Lockwood
per acre maximum) acre) Subdivision
West of site Residential One (I unit A-R (Agricultural Residential) Single family. Wehern
per acre maximum) one unit per 5 acres Subdivision
G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA, CEDA, or the DSDA.
H. EXISTING SITE CHARACTERISTICS: There are existing trees located in the southeast corner of the
development. Dry Creek Canal runs parallel to Floating Feather Road along the north property
line of this site.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 25.41 Acres
Total Number of Lots - 31
Residential - 24
Common - 7
Total Number of Units - 24
Single-family - 24
Existing - 0
Proposed - 24
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 0.94-units/acre I-unit per acre maximum
Minimum Lot Size 37,006-square feet 37,000-square feet
Minimum Lot Width !03-feet (approximately) 100-feet
Minimum Street Frontage 30-feet 35-feet
Total Acreage of Common Lots 2.24-acres (excluding planters) o -acres minimum
Percent of Site as Common Area 8.8% 00;'
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4) (a) &(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along Floating Feather Road and a thirty-five foot
(35') wide buffer along Ballantyne Road. All berming, fencing and landscaping details.
including any proposed pump houses for pressurized irrigation. are required for Design
Review Board review and approval prior to submittal of a final plat.
Open Space and Design:
The proposed development includes 2.24 acres (8.8%) of common area. The common area
consists of the required buffer area along Floating Feather and Ballantyne Roads and a
.52- acre open space area within the development.
Storm Drainage and Flood Control:
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 twelve feet
(12') wide.
Fire Hydrants and Water Mains:
The preliminary plat shows five (5) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees.
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watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The Farmers Union Canal and mature trees are located along
the nonhern boundary of the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered. state law requires immediate notification to the state.
K. BUILDING DESIGN FEATURES:
Shade structure: Powered coated steel with metal roof
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees near the southeast
corner of the site that the applicant is proposing to retain.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: To be reviewed and approved by the Design Review Board.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A street light plan showing location, height. and wattage is required to be reviewed and approved
by the Design Review Board prior to issuance of any building permits.
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 Eagle Sewer District 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
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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 - yes
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 incorporated herein by
reference and attached to the staff report. Comments. which appear to be of special concern. are
noted below:
Ada County Highway District
Chevron Pipeline
Eagle Fire DepaItment
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates this
site as Residential One:
Suitable primarily for single family residential development within areas that are rural in character.
B. ZONING CODE PROVISIONS. WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C I of this section.
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· Eagle City Code Section 8-2A-7 (J)(4)(a)
a. Any road designated as an urban or rural collector on the Ada County long range highway
and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall he
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees. provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall.
cultured stone, decorative rock, or similarly designed concrete wall. or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (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
decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
· Eagle City Code Section 8-2A-7 J(4)(b)
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 he 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 (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
decorative wall. Chain link. cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
· Eagle City Code Section 8-2A-7 0
Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to land use problems. Under certain site conditions, a strict
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existing
regulations within this section. Requests for use of alternative landscaping schemes are
justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance
is impossible or impractical;
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c. Due to a change of use of an existing site, the required bufferyard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this section is to be modified, what
project conditions stated within subsection 01 of this section justify using the proposed
alternative. and how the proposed alternative equals or exceeds said requirement.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· The developer shall provide 3-inch mll1lmUm 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 generally at each side propeIty line. or
as approved by the Design Review Board. The trees shall be located in the 8-foot wide landscape
strip between the 5-foot wide concrete sidewalk and the curb. 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. 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 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 Floating Feather 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.
· The applicant shall provide a landscape plan showing berming, fencing. and planting details
within the required 35-foot wide buffer area along Ballantyne Lane 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.
· 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 City Clerk signing the
final plat.
· Extend the landscaping within the buffer area along Floating Feather Road and Ballantyne Lane to
within 9-feet from the edge of pavement or an alternative form of compliance as recommended by
the Eagle Design Review Board and approved by the City Council. 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 with a landscape plan showing planting
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details, screening details, building elevations for an irrigation pump house or any type of irrigation
facilities, and other proposed amenities within all common lots 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-I zoning district.
D. DISCUSSION:
. Sheet LI.I, date stamped by the City on October 4, 2006. indicates that a shade structure is to be
constructed in the common lot located near the entrance to the subdivision. The applicant should
be required to provide detailed elevation plans showing the materials and colors to be used in the
construction of the shade structure located within the common lot near the entrance to the
subdivision. The elevation plans should be reviewed and approved by staff and one mcmber of the
Design Review Board prior to the City Clerk signing the final plat.
. The Dry Creek Canal runs parallel to Floating Feather Road and is located on this sites n0l1h
property line. The applicant has submitted an Alternative Method of Compliance application for
the buffer area required along Floating Feather Road because of the location of the Dry Crcek
Canal and its seventy (70) foot wide easement. The applicant is proposing a twenty three (23) foot
wide landscape buffer along the north boundary of this development to be located outside of the
canal easement. The proposed buffer area consists of a three (3) foot high berm with a six (6) foot
high block wall. Per Eagle City Code, a fifty (50) foot wide landscape buffer is required along
Floating Feather Road and is required to be planted with five (5) shade trees. eight (8) evergreen
trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs per one hundred (100)
linear feet of frontage. Sheet LI.O, date stamped by the City on October 4. 2006. shows a total of
twelve (12) shade trees, eight (8) evergreen trees. and one hundred sixty three (163) shrubs to be
planted within the berm along Floating Feather Road. Per Eagle City Code, the applicant is
required to provide a total of forty two (42) shade trees, sixty eight (68) evergreen trees. and two
hundred and two (202) shrubs. Staff defers comment regarding the quantity of plant material
proposed within the buffer area along Floating Feather Road to the Design Review Board.
· Per Eagle City Code, a thirty five (35) foot wide landscape buffer is required along Ballantyne
Lane and is required to be planted with four (4) shade trees, five (5) evergreen trees, and twenty
four (24) shrubs. Sheets LI.O and Ll.I, date stamped by the City on October 4. 2006. shows a
total of twenty seven (27) shade trees, twenty four (24) evergreen trees. two (2)
flowering/ornamental trees, and two hundred thirteen (213) shrubs to be planted within the berm
along Ballantyne Lane. The applicant should be required to provide a revised landscape plan
showing a total of thirty five (35) shade trees, forty four (44) evergreen trees, and two hundred
eleven (211) shrubs to be planted within the landscape buffer along Ballantyne Lane. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the City accepting a final plat application for this site.
· The landscape plans date stamped by the City on October 4, 2006, indicate street trees arc to be
planted on the east side of the meandering sidewalk along Ballantyne Lane. It appears that all
these trees are to be located within the right-of-way of Ballantyne Lane. The applicant should he
required to provide a revised landscape plan showing the street trees proposed on the east side of
the sidewalk to be located within the thirty five (35) foot buffer area. The revised landscape plan
should be reviewed and approved by staff prior to the City accepting a final plat application for
this site.
· Staff defers comment regarding building design and colors to the Design Review Board.
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ST AFF 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 November 9. 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-24-06 for a design review application for
the common area landscaping within Sylvan Wood Subdivision for Sylvan Wood I. LLC, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with any applicable conditions of Sylvan Wood Subdivision (A-13-06/RZ-16-06 and PP-14-
06).
2. 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
Citv Clerk signing the stlbmittal of Ii final plat.
3. Comply with any applicable conditions of the Eagle Fire Department prior to the City accepting a final
plat application for this site.
4. Provide a revised landscape plan showing additional deciduous and evergreen plant material to come
closer to the required a total of thirty five (35) shade trees, forty four (44) evergreen trees. and two
hundred eleven (211) shrubs to be planted within the landscape buffer along Ballantyne Lane. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City accepting a final plat application for this site.
5. Provide a revised landscape plan showing the street trees proposed on the east side of the sidewalk to
be located within the thirty five (35) foot buffer area. The revised landscape plan shall be reviewed
and approved by staff prior to the City accepting a final plat application for this site.
6. Provide a revised landscape plan showing a three inch (3') shade class tree to be located on each side
lot line corner with the distance between the trees to be a minimum of thirty five feet (35') and a
maximum of eighty feet (80'). The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to the submittal of a final plat.
7. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. Cups or dams shall be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place
within the drip line of the trees.
8. Provide detailed elevation plans showing the material and colors to be used in the construction of the
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irrigation pump house. The detailed elevation plans, materials, and colors shall be reviewed and
approved by staff and two members of the Design Review Board prior to the submittal of a final plat.
9. ,^.Il roof veRts OR tHe cluBHoHse SHall Be paiRteEi to matcH tHe eolor of the roof.
10. All overhead power lines located along the southern boundary of this development shall be located
underground prior to the City issuing a ceItificate of occupancy for this site.
II. All ground mounted transformers, cable. and phone boxes shall be screened by landscaping per Eagle
City Code.
12. 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.
13. Provide a revised landscape plan showing additional deciduous and evergreen plant material to come
closer to the required twentv one (21) shade trees and thirty four (34) evergreen trees along Floating
Feather Road. The revised landscape plan shall be reviewed and approved bv staff and one member of
the Design Review Board prior to the Citv accePting a final plat application for this site.
14. Provide material samples and colors to be used in the construction of the CMlJ wall proposed along
Floating Feather Road and Ballantyne Lane. The samples and colors shall be reviewed and approved
by staff and one member of the Design Review Board prior to the Citv accepting a final plat
appl ication for this site.
15. Provide revised elevation plans showing an alternate design of the CMU wall (i.e.: installing the split
face CMU all the wav to the ground). The revised elevation plans shall be reviewed and approved bv
staff and one member of the Design Review Board prior to the Citv accepting a final plat application
for this site.
16. Provide language within the CC&R' s requiring the scheduled maintenance of the banks of the canal
located adjacent to Floating Feather Road. The language shall be reviewed and approved by staff prior
to the City Clerk signing the final plat.
17. Provide a revised landscape plan showing a nine foot (9') wide compacted gravel shoulder adjacent to
Floating Feather Road to be used as a pedestrian pathwav. The revised landscape plan shall be
reviewed and approved bv staff prior to the City accepting a final plat application for this site.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs.
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy.
whichever occurs first.
2. Idaho DepaItment 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 CeItificate 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
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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 celtifying 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 CeItificate 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 CeItificate 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 inigation 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.
II. 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 DepaItment shall be submitted
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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 DepaItment 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
DepaItment 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 CeI1ificate 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
CeItificate 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
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comply with the approved design review and/or result in the inability to issue a final approval for
occu pancy 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 propeIty 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 staIted 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 LA W:
I. The application for this item was received by the City of Eagle on October 4, 2006.
Requests for agencies' reviews were transmitted on October 19, 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-I06-06) 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-I-DA (residential one with development agreement) zoning district.
5. The Board recognizes that the quantity of plant material recommended within the buffer areas along
Floating Feather Road and Ballantyne Lane, as stated within site specific condition of approval
numbers 4 and 13. does not meet Eagle City Code Section 8-2A-7 (1)(4). Based on the design of the
CMU wall and to allow viewing through the vegetation, the Board recommends a slight reduction in
the required tree material.
')
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DA TED this 14th day of December 2006.
ATTEST:
v1 ~O ~~~1-O/7),J
Sharon K. Bergmann, Eagle City erk
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