Findings - DR - 2007 - DR-17-07 - Common Area Landscaping In Park Lane Estates Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN PARK LANE ESTATES )
SUBDIVISION FOR CHAD MOFFAT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBERDR-17-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 26, 2007 and made their decision at that time. The Eagle Design Review Board having heard and
taken oral and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Chad Moffat, represented by Phil Hull with The Land Group, Inc, is requesting design review
approval of the common area landscaping within Park Lane Estates Subdivision. The site is
located on the west side of North Park Lane at 1835 North Park Lane, approximately 2,000 feet
north of West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 7, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 10, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 10, 2006, the Eagle City Council approved a rezone with development agreement and
a preliminary plat application (RZ-17-05/PP-12-05).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Residential - Ada Residential home
County designation)
Proposed No Change R-2-DA (Residential, up to Residential Subdivision
two units per acre maximum,
with a development
agreement)
North ofsite Residential Two R-2 (Residential, up to two Residential/Moffat
units per acre maximum) Subdivision
South ofsite Residential Two R-E (Residential Estates) Residential/
Loch Lomond Subdivision
East of site Residential Two R-2-DA (Residential, up to Residential/
two units per acre maximum, Park Place Subdivision
with a development
agreement)
West ofsite Residential Two R-2 (Residential, up to two Residential/Moffat
units per acre maximum.) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing house and mature trees on the east
portion of the property.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 5.14-acres
Total Number of Lots - 12
Residential - 7 (I existing to be retained)
Commercial - 0
Industrial - 0
Common - 5
Total Number of Units - 7
Single-family - 7
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.29-units per acre 2 units per acre maximum
Minimum Lot Size 17,000-square feet (O.39-acres) 17,000-square feet (O.39-acres)
(minimum)
Minimum Lot Width 75-feet 75-feet (minimum)
Minimum Street Frontage 35-feet 35-feet (minimum)
Total Acreage of Common 0.57 -acres 0.5 I-acres (minimum)
Area
Percent of Site as Common II % (approximately) 10% (minimum)
Area
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J) (4) (a) requires a minimum 35-foot wide landscape buffer area
between urban or rural collectors and new residential developments.
Open Space:
Will provide a total of II % of common area 10% minimum is required.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage plans.
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to be
preserved. If during excavation or development of the site, any historical artifacts are discovered,
state law requires immediate notification to the state.
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K. BUILDING DESIGN FEATURES: Picnic shelter
Roof: Metal (Green)
Walls: n/a
WindowslDoors: n/a
FasciaJTrim: Wood
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing mature trees on the east
portion of the property along North Park Lane. These trees are proposed to remain until ACHD
chooses to expand North Park Lane at which time the trees will be moved or removed by ACHD.
Any tree that conflicts with the roads or buildable area of a lot are to be relocated on-site within
the common areas.
Tree Replacement Calculations: n/a
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along both sides of the internal street and cul-de-sac.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
M. OUTDOOR LIGHTING:
A subdivision lighting plan showing location, height, and wattage is required to be reviewed and
approved by the zoning administrator prior to issuance of any building permits.
N. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
O. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance ofa building permit.
P. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian circulation will utilize the proposed five foot (5') detached sidewalks along the internal
roadway and along North Park Lane.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
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Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Chevron Pipeline
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
V. LETTERS FROM THE PUBLIC: None received to date.
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 Two, suitable primarily
for single-family residential development within areas that are rural in character. Residential
density of up to two dwelling unit per acre may be considered by the City for this area.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-7(C)
Existing Vegetation:
I. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be removed
from the project site (or from abutting right of way) replacement with an acceptable
species is required as follows:
Existing Tree
I inch to 6 inches caliper
61/4 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
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
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Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
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 CI of this section.
· Eagle City Code Section 8-2A-7(F)
F. Tree Species Mix:
I. When more than ten (10) trees are to be planted to meet the requirements of these
guidelines, a mix of species shall be provided. The number of species to be planted shall
vary according to the overall number of trees required to be planted. Species shall be
planted in proportion to the required mix. See the table below:
Required Number Of Trees Minimum Number Of Species
II - 20
21 - 30
31 - 40
41 +
2
3
4
5
· Eagle City Code Section 8-2A-7(J)(4)(a)
A minimum of thirty five feet (35') 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: 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 (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
· Eagle City Code Section 8-2A-7(O)
Alternative Methods Of Compliance:
I. 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:
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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;
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.
C. SUBDIVISION ORDINANCES WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 9-3-2-1 (G)(2)
In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in
length may be permitted by the city if approved by the fire department and the highway
district having jurisdiction. No more than twenty (20) dwelling units shall be permitted
on said cul-de-sac.
D. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Provide a landscape plan showing berming, fencing, and planting details within the required 35-
foot wide buffer area along Park Lane abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
· Provide a revised plan showing a five-foot (5') wide detached sidewalk to be constructed along all
interior roadways in this development, including cul-de-sacs. The revised plan shall be reviewed
and approved by staff prior to the City Clerk signing the final plat.
· The applicant shall submit a design review application and landscape plan showing trees,
landscaping, berming, proposed signage, and planting details within the required buffer area along
Park Lane abutting this site and any proposed signage and fencing for review and approval by the
Design Review Board prior to the submittal of a final plat application.
· Extend the landscaping within the required buffer area along Park Lane to within 9-feet from the
edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
· The 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 generally at each side property line, or
as approved by the Design Review Board. The trees shall be located in the eight foot (8') 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 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
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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.
· Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
· Useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities as determined by the City Council shall be provided within the
open space areas. Landscape plans showing open space amenities shall be reviewed and approved
by the Design Review Board, prior to the City approving a final plat.
· The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. The plans
shall show how the streetlights will facilitate the "Dark Sky" concept of lighting.
· Any overhead utilities serving the site shall be located underground.
E. DISCUSSION:
· The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two" with
a density not to exceed 2 units per acre. The Soaring 2025 (Western Area Plan) Comprehensive
Plan designates this area as being located within the Park Lane Planning Area, which is a sub area
of the Western Planning area. The overall density of the proposed Park Lane Estates Subdivision
development is 1.29 units per acre.
· According to the landscape plan date stamped by the City on March 7, 2007, two mature Silver
Maple trees exist within the right-of-way and adjacent to the property along North Park Lane.
The landscape plan indicates that these trees are to be removed by ACHD when North Park Lane
is widened in the future.
· According to the picnic area design plans provided by the applicant and date stamped by the City
on March 7, 2007, a square shelter with a hipped metal roofline is proposed for the picnic and
barbeque area located on the north east section ofthe common area park. Staff does not believe
that this shelter complies with the City's design standards. The applicant should provide a
revised shelter plan (including benches and tables) that includes design elements as recommended
within the EASD book, to be reviewed and approved by staff and one Design Review Board
member.
· In comments concerning this application the City Forester suggests replacing the proposed
thirteen (13) Urbanite Ash trees in the planter strips along the internal road with a higher quality
tree that is more resistant to insects and disease. The City Forester also suggests using a higher
class or quality tree in the center island and in the adjacent open space area. Specific suggestions
on acceptable species of tree to be used in these areas are listed in the letter (see attached). Staff
defers further comment on tree placement and species to the Design Review Board.
· Staff defers specific comment regarding the picnic shelter design and colors to the Design Review
Board.
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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 below.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on April 26, 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 (board member Weber absent) to approve DR-I 7-07 for a design review
application for common area landscaping within Park Lane Estates Subdivision for Chad Moffat,
with the following staff recommended site specific conditions of approval and standard conditions
of approval with text shown with strike thru to be deleted by the Board and text shown with
underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all applicable requirements ofthe rezone application and development agreement and the
preliminary plat (A-05-06/RZ-05-06/PP-06-05).
2. The applicant shall provide a revised shelter plan that includes design elements as recommended in the
EASD book, to be reviewed and approved by staff and 6fIe two Design Review Board member~.
3. 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.
4. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
5. TAe 8j3]3liellflt shall ]3re'lide a revised IlIfldse8j3e ]3llm tAat sAews ehaRges sHggested BY tAe City Forester
to be reoliewed afld 8j3flreved BY staff lIfld efle Desigfl Reolie..., Beard memBer prier te sHBmittlll of fiflal
plat aJ'lfllieatiefl.
6. The applicant shall comply with any applicable conditions placed on this application by the City
Forester that the Design Review Board deems appropriate.
7. A plan showing construction fencing around the existing trees (a minimum of I O-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. Pre'lide detailed elevatiofl plafls sAe\',iflg tAe material afld eolors to be Hsed iH tAe eOflstruetiofl ef aHY
J3TOJ3eSed irrigatiefl J3Hm]3 AeHse. TAe detailed elevatieH J3laflS, materials, aRd eolors sAall Be reviewed
aHd a]3J3reved by staff aRd two memBers of tAe DesigH Review Board ]3rier te tAe sHbmittal ef a MHal
~
9. No signs are proposed with this application. A separate design review application is required to be
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submitted for approval of any signs for this site.
10. Provide a revised detailed cut sheet of the picnic table showing one that is more compatible with the
City's design standards. The revised detail cut sheet shall be reviewed and approved bv staff and one
member of the Design Review Board prior to the submittal of 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 ofthe drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy ofthe 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 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
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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 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 (Le.; 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 ofa
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.
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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
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:
1. The application for this item was received by the City of Eagle on March 6, 2007.
2. Requests for agencies' reviews were transmitted on March 15, 2007, 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-52-02 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
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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 CBD (Central Business District) zoning district.
CONCLUSIONS OF LAW:
5. The application for this item was received by the City of Eagle on March 7, 2007.
6. Requests for agencies' reviews were transmitted on March 10, 2007, in accordance with the
requirements of the Eagle City Code.
7. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-17-07) 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.
8. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-2-DA (Residential, up to two units per acre maximum, with a development agreement)
zoning district.
DA TED this 10h day of May 2007
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Page 13 of 13
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