Findings - DR - 2007 - DR-41-07 - Common Area Landscaping In Phase 1 Of The Eagle Sewer District Wwt Facility
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN PHASE I OF THE EAGLE )
SEWER DISTRICT WASTE WATER TREATMENT )
FACILITY FOR THE EAGLE SEWER DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-41-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 12,2007. The Board continued this item to July 26, 2007, and made their recommendation at that
time. 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:
Eagle Sewer District, represented by Nick Smith with MWH, is requesting design review approval
of the common area landscaping adjacent to State Highway 44 (phase one ofthe Eagle Sewer
District Waste Water Treatment Facility). The 5.54-acre site is located on the south side of State
Highway 44 approximately I V.-mile west of Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 5, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 14, 2007, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 12, 2005, the Eagle City Council approved the annexation and rezone applications (A-5-
0S & RZ-8-05) and a conditional use permit application (CU-4-05) for a waste water treatment
facility for this site.
On September 12, 2006, the Eagle City Council approved a modification to the conditional use
permit application (CU-4-05 MOD).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN WNING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two PS-DA (Public/Semipublic Agriculture/vacant
with development agreement)
Proposed No Change No Change Wastewater treatment
facility
North ofsite Mixed Use & Residential PS (Public/Semipublic), A Agriculture & Residential
Two (Agricultural), A-R (two units/acre)
(Agricultural-Residential) &
R2-DA-P (Residential-
Development Agreement-
Planned Unit Development)
South ofsite Industrial A (Agricultural) Wastewater treatment
East of site Public/Semi-Public RUT (Residential - Ada Wetland mitigation
County designation)
West of site Residential Two RUT (Residential - Ada Agriculture
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There are numerous trees located throughout this site that are
to be retained. There are several located just east of the access road that the former City Forester
indicated could be removed with the exception of two. Sheet C-I, date stamped by the City on
June 5, 2007, indicates these two trees to be retained and protected.
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I. SITE DESIGN INFORMATION (LANDSCAPING ONLY):
Site Data Proposed Required
Total Acreage of Site 241,350-square (5.54-acres) N/A
Percentage of Site Devoted to N/A N/A
Building Coverage
Percentage of Site Devoted to 100% (Phase I - buffer area only) 100% (Phase I - buffer area only)
Landscaping
Number of Parking Spaces N/A N/A
Front Setback N/A N/A
Rear Setback N/A N/A
Side Setback N/A N/A
Side Setback N/A N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: NI A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation:
The property is currently being accessed from the driveway being utilized for the existing sewer
treatment facility to the south. There is also an access point west of the existing driveway, which is
utilized for farming the northwest comer of the property. The west access will possibly be utilized
later after the re-alignment of Ballantyne Road.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are two existing trees on this site
which the former City Forester recommended be retained. The applicant is proposing to retain and
protect these two trees.
Tree Replacement Calculations: NI A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing a mix of trees to be located within the berm along State
Highway 44.
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: NI A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
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:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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 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 - Boise River south of the site.
Floodplain - 1 OO-year floodplain in the southwest comer of site.
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
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
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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
Central District Health
Eagle Fire Department
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Letter from Julie Lafferty, City Forester, dated July 5, 2007 (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.
B. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The applicant shall construct a minimum seventy-five foot (75') wide landscaped buffer area with
a minimum ten foot (10') high berm constructed with a 3:1 slope along State Highway 44 in
accordance with Eagle City Code 8-2A-7(J)(4)(c) and a fifty foot (50') wide landscaped buffer
area adjacent to the east and west boundaries of the site.
· A separate Design Review application shall be required for any signage for the site.
· All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the landscaping areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the issuance
of any building permits.
· 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.
· Prior to the City issuing a Zoning Certificate for approval of the site redevelopment plan (final
building, site, civil, and landscape plans) all existing buildings shall be removed form the site.
· All site lighting is to be shielded to direct all light downward and not project horizontally onto any
public right of way, private street, or onto the property line of any residentially zoned parcel of
land or parcel of land used for residential purposes. All lights shall be approved as to location
design and intensity by the Design Review Board.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.12 The site shall be limited to no more than one access point onto State Highway 44, subject to the
review and approval ofthe Idaho Transportation Department. Ifa the realignment of the
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intersection of Ballantyne Road and State Highway 44 occurs before Design Review approval the
west entrance to the size should be aligned with that intersection.
2.17 Construct a minimum six-foot (6') wide asphalt pathway along the frontage of the site adjacent
to State Highway 44 prior to the issuance of any occupancy permits for the site. Plans for the
pathway shall be submitted to the Parks & Pathway Development Committee for a
recommendation to the Council.
D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)
I. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree
Replacement
I inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
12 114 inches or more 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.
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 C I of
this section.
· Eagle City Code Section 8-2A-7(J)(4)(c)
Any road designated as a principal arterial on the Ada County long range highway and street map
and/or any freeway or expressway:
A minimum of seventy five feet (75') 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: six (6) shade
trees, ten (10) evergreen trees, four (4) 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%) ofthe shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') 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.
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E. DISCUSSION:
· Per the approval of the conditional use permit for the Wastewater Treatment Facility for the Eagle
Sewer District was required to provide perimeter landscaping along State Highway 44 and the east
and west property lines of the site. A seventy five foot (75') wide landscape buffer and ten foot to
thirteen foot (10' to 13') high berm are proposed along State Highway 44. A fifty foot (50') wide
landscape buffer is proposed along the east and west property lines of the site. The seventy five
foot (75') wide landscape buffer along State Highway 44 was to be constructed and planted in
accordance with Eagle City Code 8-2A-7(J)(4)(c). The applicant has submitted an Alternative
Method of Compliance Request Form requesting the quantity of plant material, as well as the
required flowering/ornamental trees required within the seventy five foot (75') wide landscape
buffer along State Highway 44 not be required with this application. The landscape plans, date
stamped by the City on June 5, 2007, show a fifty foot (50') wide landscape buffer on the berm
with all plantings to be located on the north side of the berm. The representatives justification
letter date stamped by the City on July 18,2007, indicates that any plant material proposed on the
south side of the landscape berm would not be seen from outside the property and if required
would be a significant cost to the Eagle Sewer District and their rate payers.
The conditional use permit required the applicant to comply with the landscape buffer
requirements for a development located adjacent to a principal arterial [8-2A-7(J)( 4)(c)], which
impart requires four (4) flowering/ornamental trees per one hundred (100) linear feet of right of
way. This landscape buffer requirement is required for new residential developments, which this
development is not. It is staffs opinion that the flowering/ornamental trees required within Eagle
City Code Section 8-2A-7(J)(3)(a), should not be required with this application because the type of
plant material already proposed on the berm will provide a sufficient screen as all the plant
material is proposed to be placed on the north side of the berm.
· There are no structures proposed to be constructed in this phase of the project and none are
approved at this time.
· The applicant is proposing to use the existing entrance on State Highway 44 located approximately
I ,nO-feet west of the east property line. There are two major sewer pipelines (a forced main and
gravity main) located under this access road. Per the development agreement, this site is limited to
no more than one access point onto State Highway 44. When the realignment of the intersection
of Ballantyne Lane and State Highway 44 occurs, the site is to be accessed from the new roadway
to be located approximately 460-feet east of the west property line of this site. Once the new
Ballantyne Lane/State Highway 44 intersection is complete the existing access drive, located
1 ,nO-feet west of the east property line, should be removed. The existing access road should be
planted with pipeline friendly plant material (i.e.: shrubs, grasses, etc.) so as to block access from
State Highway 44.
· The TransportationlPathway Network Map No.1 of 2 indicates that a pathway is to be constructed
along the southern boundary of this site. The applicant should be required to submit plans
showing the location, width, and materials to be used in the construction of the pathway along the
southern boundary of the site to the Parks and Pathway Development Committee. An easement
should be provided to the City for the pathway along the southern boundary of this site. A plan
showing the specific details of this pathway should be reviewed and approved by the Parks and
Pathway Committee.
. Currently there is an Idaho Power Company distribution line that is located on the northern
boundary of this site. Upon an inspection of the site, staff did not observe any overhead power
services lines within this development. There are no overhead utility lines servicing this site and
none are approved.
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· The landscape plan date stamped by the City on June 5, 2007, shows two (2) options for the
landscape buffer along the eastern boundary of this development. Currently the Eagle Sewer
District is negotiating with the Idaho Transportation Department to acquire the parcel adjacent to
their east property line. If this property can be procured by the Eagle Sewer District, the fifty foot
(50') wide landscape buffer (indicated as Line Item #2) will be installed. Ifthe District is not able
to acquire the property to the east of this development only Line Item #3 will be installed.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on July 12, 2007. The
application was continued to July 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 4 to 0 (Grubb, Barnes, and Weber absent) to approve DR-41-07 for a design
review application for the common area landscaping within Phase I of the Eagle Sewer District
Waste Water Treatment Facility for the Eagle Sewer District, 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 A-5-05 & RZ-S-05, and CU-4-05 MOD.
2. There are no structures proposed to be constructed in this phase of the project and none are approved
at this time.
3. Upon completion of the new Ballantyne Lane/State Highway 44 intersection, the existing access drive
(located 1 ,nO-feet west of the east property line) shall be designed as an emergencv access drive onlv
rems\'ea. The emergencv eldstiHg access road shall be designed so the width of the road is the
absolute minimum reQuired for emergencv access and planted with pipeline friendly plant material
(i.e.: slmffis, grasses, grass crete. ground covers. etc.) so as to block the access from State Highway 44.
Provide a revised landscape plan showing anv grass crete areas shall have a separate irrigation zone (as
grass crete reQuires additional water to maintain the grass). The applicant shall consider using gates
and/or bollards to deter vehicular traffic from using the emergencv access road. An enlarged landscape
plan showing the width of the emergency access road. plantings. grass crete. irrigation svstem. etc.
shall be reviewed and approved bv staff and one member of the Design Review Board prior to
landscape buffer area being complete.
4. The aerial photo showing the location of the existing easement for the pathwav along the southern
boundary of the Eagle Sewer District's propertY. date stamped bv the City on Julv 26. 2007. is
approved. S1I6mit ~laHs showiHg the IseatisH, width, 8fta materials ts be lIsea iR the eORstrlletisR of
the ~athwa)' alsHg the sElllthem 681iRdary Elf the site (as iHaieatea OR the TfaRsportatisRiPathway
Network Map 1>Is. I of 2) ts the PllFks 8ftd Pathway DeYels~meRt Csmmittee. :\H tJasemeRt shall be
~fs'/iaed ts the City fer tile ~athway aJsHg the sSllthem 6slIHallFY sf this site. f. ~lllIl showiRg the
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sJleeifie details of tHis JlatHway sHall Be revi"vvea EiRd a]3Jlrovea BY tHe Parks and PatHway Cemmi~ee.
5. A plan showing construction fencing around the two existing trees located near the berm along State
Highway 44 (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 shall 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.
6. All utility poles providing service to the existing structures on the site shall be removed. All overhead
power lines providing service to the existing structures shall be located underground prior to the
issuance of any building permits for this site.
7. There are no overhead utility lines servicing this site and none are approved.
8. Provide a license agreement from ITD 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
completion of the landscape buffer area.
9. Extend the landscaping (grass only) within the buffer area along State Highway 44 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 lTD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
10. All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the
completion of the landscape berm. Demolition permits (if required) shall be obtained prior to the
removal of said structures.
11. Provide the City will documentation from Central District Health and the Department of
Environmental Quality that the wells and septic have been abandoned appropriately. This
documentation shall be submitted to the City prior to the completion of the landscape buffer area.
12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
13. THe apJllieEiRt SHall Be reEjHired to eomJlly v.itH EiRY IlpJllieable eeRaitieRs Jllaeed OR tHis aJl]3lieatieR BY
tHe City eRgiReer.
14. No signs are approved with this application. A separate design review application is required to be
reviewed and approved by the Design Review Board prior to any signs being constructed on this site.
15. Provide a revised landscape planting schedule t*aR showing the Western Larch trees to be replaced
with White Fir trees a JlIEiRt sJleeies that is hardier. The revised landscape planting schedule t*aR shall
be reviewed and approved by staffEiRa eRe memBer eftHe DesigR Review Beara prior to the
completion of the landscape buffer.
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 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
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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 certirying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certiry 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.
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Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City 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 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 ofa 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.
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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 ofthat 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 June 5, 2007.
2. Requests for agencies' reviews were transmitted on June 14, 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-41-07) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the PS-DA (Public/Semi-Public with development agreement) zoning district.
5. The Board recommends approval of the alternative method of compliance request to reduce the
quantity of plant material within the seventy five (75') wide landscape berm and to remove the
requirement of flowering/ornamental trees along State Highway 44. The Board recognizes that with
the type of plant material proposed within the berm area and with all the plant material proposed to be
planted on the north side of the berm, the proposed plant material will provide a sufficient screen.
Page 12 of 13
K:lplanning Depl\Eagle Applications\Dr\2007\DR-4I-07 Eagle Sewer land drfdoc
DA TED this 26th day of July 2007.
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Page 13 of 13
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