Findings - DR - 2007 - DR-132-06 - Common Area Landscaping In Eaglefield Estates Subd No 2/341/499 N Linder Rd
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW FOR THE COMMON AREA
LANDSCAPING WITHIN EAGLEFIELD EST A TE
SUBDIVISION NO, 2 FOR EAGLEFIELD LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-132-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on January II, 2007. 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:
Eaglefield LLC, represented by Eric Jensen with Jensen Belts Associates, PLLC, is requesting
design review approval of the common area landscaping within Eaglefield Estates Subdivision No.
2. The site is located on the west side of North Linder Road approximately 400-feet north of State
Highway 44 at 341 and 499 North Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 4. 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 15, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 12, 2006, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, preliminary plat for Eaglefield Estates Subdivision No.2 (A-IO-
06/RZ-12-06/CU -04-06/PPUD-02-06/PP-12-06).
E. COMPANION APPLICATIONS: DR-133-06 (design review sign application)
Page 1 of 12
K.\PI;.llllling D~rl\E<Jg\e Apr1io.:<Jti"llsIDr\2a)6\DR-l:.2-06IaIIJ JrrlllH;
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Transitional Residential RR (Residential Rural - Ada Agricu I tu ral!Residen t ial
County designation)
Proposed No Change R-4-DA-P (Residential with a Single Family and Four-
Plex Residential Planned
development agreement) Unit Development
MU-DA-P (Mixed use with a
development agreement)
North of site Residential Two RR (Residential Rural - Ada Agricul tu ral!Residen t ia I
County designation)
South of site High Density Residential RR (Residential Rural - Ada Church facility
County designation)
East of site Commercial! Residential R-2-DA (Residential with Sedona
Three development agreement) S ubdivision/ Agricultural/
Residential
West of site Transitional Residential R-2-DA-P, R-4-DA-P, and Agricu ltu ra I/Residen tia I
MU-DA-P (Residential and (Proposed Eaglefidd
Mixed Use with a Estates PUD)
development agreement)
G. DESIGN REVIEW OVERLA Y DISTRICT: ='lot in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing house located near the southeast corner
of this development. The applicant is proposing to retain the house and is requesting an alternative
method of compliance for the buffer area along Linder Road. There are several trees located
around the existing house that the applicant is proposing to retain and protect.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 11.5 acres
Total Number of Lots - 34
Residential - 24
Commercial - 0
Industrial - 0
Common - 10
Total Number of Units - 39
Single-family - IS
Multi-family - 20
Existing - 1 (to be retained)
Proposed - 39
Total Acreage of Any Out-Parcels - 0
Page 2 of 12
K:\Pkllmill~ [)~rl\E;Jglt' Apr1iL<lli\11Is\Dr\l006\DR-1Jl-06 IcJnJ JrfJ"o.;
Additional Site Data Proposed Required
Dwelling Units Per Gross 3.71- units per acre (overall) Transitional Residential
Acre
3.22-units per acre (R-4) Residential Four (49.7% of the
site)
3.82-units per acre (MU)
Mixed Use (50.3% of the site)
Minimum Lot Size R-4: 5,741-square feet 8,000-square feet
MU: 14,064-square feet Except that a decrease of
minimum lot size in a subdivision
may be allowed if there is an
offsetting increase of the same
square-footage in open space and
a planned unit development is
applied for and approved) - per
ECC Section 8-2-4 (G).
Minimum Lot Width 50-feet (R-4) (as proposed 70-feet (minimum)
within the development
agreement)
43-feet (MU) (as proposed
within the development
agreement)
Minimum Street Frontage 35-feet 35-feet (minimum)
Total Acreage of Common 2.70-acres 1.55-acres (minimum)
Lots 1.05 acres minimum plus .50-
acres for lots smaller than the
minimum (8,000 SF) - per ECC
Section 8-2-4 (G)
Percent of Site as Common 25.7 Ok 14.8% (minimum - see above)
Area
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One gazebo.
Height and Number of Stories of Proposed Buildings: Twelve feet (approximately), one story.
Gross Floor Area of Proposed Buildings: N/ A
On and Off-Site Circulation: N/A
Page 3 of 12
K:\Pbllllillg Dt:pt\Eugk i\rrliGlli<1I1s\Dr\2D06\DR-I:.2-()() 1~IIlJ JrLJol"
K. BUILDING DESIGN FEATURES:
Roof: Wood shingle
Walls: Wood timbers
Windows/Doors: N/A
Fascia/Trim: Wood
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are trees located around the existing
house. The applicant is proposing to retain and protect all of the existing trees located within this
development.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The landscape plan shows street trees to be located on both sides of the street
throughout the entire development.
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 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
Page 4 of 12
K:lf-'lctllllillj! Dept\EClgI.: Ar'plil,lli"II~\Dr\2006\[)R- L\2-0() blld drl.,l",
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:
Chevron Pipeline
Eagle Fire Department
W. LETTERS FROM THE PUBLIC:
Memo and tree valuation by Julie Lafferty, City Forester, dated May 15.2006 (is incorporated
herein by reference and 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 Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. The developer shall provide 3-inch mlmmum 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 property 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 150'1(' 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 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,
Page 5 of 12
K:\PI~llI1illg D.;pt\E<lgle A['plil:;lli()lls\Dr\2006\DR-132-06 1,1I1d JrLJ\H';
prior to the commencement of any construction on the site.
. Provide a landscape plan showing benning, fencing, and planting details within the required 50-
foot wide buffer area along Linder Road abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
. An alternative method of compliance for the 20-foot wide buffer adjacent to Lot S. Block 3. along
Linder Road shall be reviewed and approved by the Design Review Board prior to the City Clerk
signing the 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 approval of a final plat.
. Extend the landscaping within the buffer along Linder Road to within nine fcet (9') from the edge
of pavement. The nine feet (9') between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section S-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 1 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 ODD) linear feet of right of way: five (5) shade
trees, eight (S) evergreen trees, three (3) flowering/ornamental trees, and t wenly 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 thercof
shall be provided within the butfer area. The maximum slope for any berm shall be three feel
(3') horizontal distance to one foot 0 ') 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 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 frontage.
Page 6 of 12
K:\f-'bIHlillg Dert\E,lgk Arr1i<.:.ui\1I1s\Dr\2006\DR-l:l2-06 bllJ JrL'[UL
D. DISCUSSION:
. The applicant is retaining the existing house located near the southeast corner of the development.
Per Eagle City Code a fifty foot (50') wide buffer is required between Linder Road and this
development. The applicant has submitted an alternative method of compliance for approval of a
twenty foot (20') wide buffer between Linder Road and the existing house (Lot S. Block 3). Staff
defers comment regarding the alternative method of compliance for a twenty foot (20') wide
landscape buffer between Linder Road and the existing house to the Design Review Board.
. The landscape plans date stamped by the City on December 4, 2006, indicate street trees to be
located along both side of all roads between the sidewalk and back of curb within this
development with the exception of the first two hundred feet (200') of West Escalante Drive as
measured from Linder Road. Street trees are not proposed along the north side of West Escalante
Drive along the first two hundred feet (200') (measured from Linder Road). The applicant should
be required to provide a revised landscape plan showing street trees spaced thirty five feet (35') to
eighty feet (SO') to be planted within the landscape strip along the north side of West Escalante
Drive along the first two hundred feet (200') (measured from Linder Road). The revised
landscape plan should be reviewed and approved by staff prior to the City accepting a final plat
application for this site.
. The City Forester has provided comment regarding the placement of evergreen trees in relation to
the bioswale, the use of 'Stella d'Oro' daylily, and the use of ornamental grasses within this
development. Staff defers comment regarding the Foresters suggestions to the Design Review
Board.
. 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 January 11. 2007, 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 6 to 0 (Weber absent) to approve DR-132-06 for a design review application for
the common area landscaping within Eaglefield Estate Subdivision No.2 for Eaglefield LLC. with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Eaglefield Estates II Subdivision (A-l0-06/RZ-12-06/CLJ-
04-06/PPUD-02-06/PP-12-06 ).
')
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
submittal of a final plat.
Page 7 of 12
K:\Plalllling Dcrt\bgk Al'rlic~tiLl[1~\D['\:!OO6\D~- I 32.06 l:.mJ J]'rJ,)~
3. Provide a revised landscape plan showing street trees spaced thirty five feet (35') to eighty feet (SO') to
be planted within the landscape strip along the north side of West Escalante Drive along the first two
hundred feet (200') (measured from Linder Road). The revised landscape plan shall be reviewed and
approved by staff prior to the City accepting a final plat application for this site.
4. i\ plaR showiRg cORstmctioR feRciRg aroliRa the e)(istiRg trees (a miRimliIB of 10 feet from tAe truRk of
tAe tree or at the arifJ liRe of the tree (v,AieAe\er is closer)) to fJrcvent an) darflage 'Nithin the drip line
of the trees sHolilalJe slilJmittea to tHe City. TAe constnletion f-eRcing SHall be installed prior to
commeneing aR) site 'NOrle. ClipS or aams shall be built .,,;itHin the drifJ liRe of each tree in orHer to
mtain ./, ater ana the trees shall be waterea on a reglilar basis. No acti\ it)' whatsoever SHall take place
witl~iR the drifJ liRe of the trees.
5. If a pump house is required the applicant shall pProvide detailed elevations showing the material and
colors to be used in the construction of the aRY profJosed 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 Citv Clerk signing the slibmittal of a final plat.
6. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
S. 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.
9. Provide a revised landscape plan showing the evergreen trees to be moved UP in elevation so as to be
located above the bio-swale. The revised landscape plan shall indicate that all wetland plants will be
installed in zones that provide adequate water. The revised landscape plan shall be reviewed and
approved bv staff and one member of the Desil!n Review Board prior to the City Clerk signing the
final plat.
10. Provide a revised landscape plan providing a note indicating a good mixture of deciduous and
evergreen plant material is to be installed within all buffer zones. The revised landscape plan shall be
reviewed and approved bv staff and one member of the Design Review Board prior to the Citv Clerk
signing: the final plat.
II. The design and materials to be used for the seasonal banner signs proposed at the entrance to the
subdivision shall be reviewed and approved by staff and one member of the Design Review Board
prior to any banner signs being installed.
12. Provide detailed building elevations showing the design and details of the gazebo. A paint or stain
sample to be used on the gazebo shall be provided. The detailed building elevations and paint or stain
sample shall be reviewed and approved bv staff and one member of the Design Review Board prior to
the Citv Clerk signing the final plat.
13. The landscape plan date stamped by the Citv on December 4,2006. showing an alternative method of
compliance for the buffer area located adjacent to Lot S, Block 3, is approved.
ST ANDARD 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.
Page 8 of 12
K\PI<.I1111ing Dcpl\EJgk AppliL:Jli"ns\Dr\2006\DR.] 32-06 IJ1\U Ul'f d,'~
') 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 pert'ormance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal. for irrigation water or irrigation waste water owned by an
organized irrigation district. canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction. rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch ( 1 ) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy.
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement. acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way. prior to issuance of any building permits or Certificate of Occupancy. whichever occurs
first.
Page 9 of 12
K:\Plallllill!:' D~rl\E'-lI:'I<: Al'rli.:.ltilllhIDI-\2006\DR-] :12-06 lalld Ull,h>,'
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 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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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 tloodplain 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 City
Page 10 of 12
K:\Plallllillg lkpt\E<lt:1e Appli<':;.l(i'\II~\Or\2006\DR-l..t2-()6 lalH.! JrfJ"c
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 the City Council for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design.
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application.
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date. as stipulated in Eagle City Code
(one year from the City Council 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:
I. The application for this item was received by the City of Eagle on December 4, 2006.
2. Requests for agencies' reviews were transmitted on December 15, 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-132-06) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein.
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8. Chapter 2, Section 3,
for the R-4-DA-P and MU-DA-P (residential and mixed use with development agreement) zoning
district.
Page 11 of 12
K:\Pklllllillg Depllblgk Al'pliC:,lli"l1s\Dr\~CK)(I\DR.132-()6 bnd JIf.J\l~
DATED this 25th day of January 2007.
Eric R. McCullough, Chairman
ATTEST:
",,,...
~"
~..' 1"""\'
.... .\ ' .
,A.-...'
~ .......-
. CJ: _, tl ..
f:cJ , ~ :
. ,. --.
,\ c.f,E>-\...E/o.
...~., ..",~.. ~
.r '.i.~~~~::'" Q ~
.:-4TEOf~
........
Page 12 of 12
K:\Pbllllill); Dcpl\Eaglt.' Arplic;.ui\llb\Dr\:!OO6\DR-132-OU bllJ drfduc