Findings - DR - 2007 - DR-72-07 - Common Area Landscaping In Vigne D'aquila Subdivision
ORIGINAL
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW OF A COMMON AREA)
LANDSCAPING WITHIN VIGNE D' AQUILA )
SUBDIVISION FOR AQUILA LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-72-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 8. 2007, and made their decision 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:
PROJECT SUMMARY:
Aquila LLC. represented by Doug Russell with the Land Group, Inc., is requesting design review
approval of the common area landscaping within the Vigne d' Aquila Subdivision. The 26.22-acre
site is generally located on the northeast corner of North Ballantyne Road and West Beacon Light
Road at 1964 West Beacon Light Road.
A. APPLICA nON SUBMITTAL:
The City of Eagle received the application for this item on September 27,2007.
B. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 15. 2007, in accordance with the
requirements of the Eagle City Code.
D. mSTORY OF RELEVANT PREVIOUS ACTIONS:
On June 19, 2007. the Eagle City Council adopted Resolution No. 07-14, recognizing the Eagle
Wine District Overlay (EWD) located within the Western Snake River Plain Viticultural District.
This property is located within the EWD Overlay District.
On September 11, 2007, the Eagle City Council approved an annexation and rezone with a
development agreement from RUT to A-R-DA and combined preliminary/final plat for Vigne d'
Aquila Subdivision (A-II-07/RZ-14-07 and PP/FP-OI-07).
E. COMPANION APPLICA nONS: None
Page 1 of 14
K:\PIanning Dept\Eagle AppticationslDrl2007IDR-72-071and drf.doc
F. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNAnONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Rural Residential (up to RUT (Rural Urban Transition One (1) single-family home
one dwelling unit per five - Ada County designation) and accessory structures.
acres)
Proposed No Change A-R-DA (Agricultural Residential Subdivision
Residential with a consisting of five (5) lots
development agreement)
North of site Rural Residential (up to RUT (Rural Urban Transition One (1) single-family
one dwelling unit per five - Ada County designation) home, accessory structures
acres) and pasture
South of site Residential Estates (up to R-E (Residential Estates - up Three (3) single-family
one dwelling unit per two to one unit per two acres) and homes and accessory
acres) RUT (Residential- Ada structures
County designation)
East of site Rural Residential (up to RUT (Rural Urban Transition One (1) single-family
one dwelling unit per five - Ada County designation) residence, accessory
acres) structures and pasture
West of site Rural Residential (up to RUT (Residential- Ada Two (2) single-family
one dwelling unit per five County designation) homes within Buckhorn
acres) Estates Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISnCS:
The property is open farmland with a mobile home, farmhouse, storage structures and equipment
yard.
I. SITE DESIGN INFORMAnON:
Total Acreage of Site - 26.22 +/- acres
Total Acreage of Area to be Developed - 6.03 +/. acres for proposed homes and associated
improvements. 77% will be landscaped or farmed as a wine vineyard.
Total Acreage of Area to be Donated to the City - N/A
TotaINwnb~ofLots-5
Residential- 5
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 5
Single-family - 5
Multi- family - 0
Page 2 of 14
K:\Planning Dept\Eagle ApplicationslOrl2007\DR-72-07 land dJfdoc
Total Acreage of Any Out-Parcels - none
Total Gross Square Footage of Commercial Buildings - N/A
ADDmONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre . 19-units per acre I-unit per 5 acres (.20-units
per acre maximum)
Minimum Lot Size 5. 15-acres (224,368 sq. ft.) 4.70-acres (204,732 sq. ft.)
Minimum Lot Width 190- feet (approx.) 1 00- feet
Minimum Street Frontage 165.24- feet 35-feet
Total Acreage of Common Area 3-acres (127,500 sq. ft. Buffer Not required in the A-R
(comprised of buffer areas only) Area) zoning district
Percent of Site as Common Area 11% Not required in the A-R
(comprised of buffer areas only) zoning district
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing to install berm and landscape buffers adjacent to North Ballantyne
Lane and West Beacon Light Road. However, as required by Eagle City Code 8-2A-7(J)(4), a
minimum thirty-five-foot (35') wide by five foot (5') high buffer along North Ballantyne Lane and
a fifty foot (50') wide by five foot (5') high buffer area along West Beacon Light Road is required.
To address this, the applicant has submitted an Alternate Method of Compliance application
(attached hereto) to request approval of the reduction of the required buffer area height and width
requirements due to the unique use of the land as wine grape vineyards. Since no homes will be
located adjacent to any major roadways (only vineyards), the applicant is requesting to reduce the
buffer area dimensions along North Ballantyne Lane to thirty seven feet (37') and to twenty five
feet (25') along West Beacon Light Road.
Open Space:
Open space is not required within the A-R zoning district. Buffer areas are proposed as noted
above.
Number and Uses of Proposed Buildings: N/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 site will be accessed form North Ballantyne Lane.
K. BUILDING DESIGN FEATURES: N/A
Page 3 of 14
K:\PllII1IIing DeptlEagle ApplicationslDrl2007IDR-72-07 land drfdoc
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located in the
southernmost lot as well as along the south property line. There are also some existing trees
located in northeast corner of the project area. The applicant intends on retaining and preserving
these trees.
Tree Replacement Calculations: With the exception of the existing trees located in the southern
part of the project area, the site is relatively lacking in trees. As noted in the attached memo, dated
October 9, 2007, the City Forester recommends planting shade class trees along West Beacon
Light Road and North Ballan1)ne Lane to enhance the view corridor as well as add to the aesthetic
value of the Eagle Wine District area.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The landscape plan, date stamped by the City on September 27,2007, shows ten (10)
ornamental flowering trees and sixteen (16) coniferous trees to be placed within the three-foot-
high and thirty seven (37')-feet wide landscape berm area adjacent to North Ballan1)ne Lane and
seven (7) ornamental flowering trees and three (3) coniferous trees within the three (3 ')-foot high
by twenty five (25')- feet wide landscape berm area along West Beacon Light Road.
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: N/A
P. SIGNAGE:
No signs are proposed with this application.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUlSInONS MAP: No map currently exists
Page 4 of 14
K:\Plaming Dept\Eagle Applicotions\Drl2007IDR-72-071and drfdoc
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - adjacent to the existing structures and along Farmers Union Canal
Riparian Vegetation - Yes, in proximity to the pond in the southern portion of the site
Steep Slopes - No
Stream/Creek - Farmers Union Canal
Unique Animal Life - No
Unique Plant Life - Unknown
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - 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. Comments, which appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC: None received to date.
X. COMMENTS FROM THE CITY FORESTER:
Memo from Julie Lafferty, dated October 9,2007, is attached to this report and is incorporated
herein by reference.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as:
Rural Residential
Suitable primarily for single family residential development on large acreages which may be in
transition from agricultural to residential use or may combine small scale agricultural uses with
residential uses. Maximum density of up to 1 unit per 5 acres.
Page 5 of 14
K:\P1anning Dept\Eagle AppIicalionslDrl2007IDR-72-07 land drf.doc
B. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. All utility poles providing service to the existing structures on the site shall be
removed, prior to the issuance of any building permits for the site. All utility service
lines serving existing structures and the building lots shall be placed underground;
. Lot 1 and Lot 2, Block 1, shall share a common driveway;
. Lot 3 and Lot 4, Block 1, shall share a common driveway;
. The applicant shall submit a design review and alternative method of compliance
applications for the required landscape/screening buffers adjacent to North Ballantyne
Lane and West Beacon Light Road, an eight foot (S') wide pathway adjacent to North
Ballantyne Lane and West Beacon Light Road, fencing (if proposed), and
pumphouses (if proposed). The design review application shall be reviewed and
approved by the Design Review Board and City Council prior to issuance of building
permits for the project;
. Provide one (1) street light at the entrance to each of the common driveways. The
street lights shall incorporate the principles of "Dark Sky Lighting" to negate the
effects of light pollution. The applicant shall submit the exact location and cut sheets
showing the street light details for review and approval by the Zoning Administrator
prior to the City Clerk signing the final plat;
. The applicant shall have an on-site meeting with the City Forester to survey all
existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City forester's direction) to protect all trees that are to be
preserved, prior to the commencement of any construction on the site;
. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan
to be reviewed and approved by the Design Review Board) along North Ballantyne
Lane and West Beacon Light Road within this development. Prior to the issuance of
building permits 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 of 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 private lots in relation to the
building sites (unless approved for removal by the City Forester and the Design
Review Board) shall be provided for Design Review Board approval prior to submittal
of a fmal plat;
. Then applicant shall provide a license agreement from ACHD approving the
landscaping located within the public right-of-way abutting and within this site, prior
to the City Clerk signing the fmal plat; and
. Extend the landscaping within the buffer area along Ballantyne Lane and Beacon
Light Road to within 9-feet from the edge of pavement. The 9-feet between the
landscaping and edge of pavement (along the entire frontage of this site) shall be
graveled as approved by ACHD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
Page 6 of 14
KIPIanning Dept\Eagle ApplicationslDrl2007IDR-72-071and drf.doc
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code, Section 8-2A-7 (J)( 4 Xa): Buffer Areas/Common Lots
a. Any road designated as an urban or rural collector on the Ada County long
range highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way)
shall 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 (l ') 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.
. 8-2A-7 (C): Landscaped and Buffer Area Requirements:
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless
removal is approved in writing by the city. Where trees are approved
by the city to be removed from the project site (or from abutting right
of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches l.5x caliper of tree removed
12 1/4 inches or more Ix 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.
Page 7 of 14
K:\Planning Dept\Eag1e AppticationslDrl2007IDR-72-07Iand drfdoc
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 excayation 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.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious
surfaces shall be allowed at a distance from the trunk of a retained tree equal
to the diameter of the tree trunk plus six feet (6'), or to the drip line,
whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the minimum required landscaping.
C. DISCUSSION:
. On June 19,2007, the Eagle City Council adopted Resolution No. 07-14, recognizing the
Eagle Wine District Overlay (EWD). The proposed Vigne d' Aquila Subdivision is located
within the EWD overlay. The applicant is proposing a five (5) lot subdivision with the western
two-thirds (2/3) of each lot adjacent to North Ballant)me Lane to be planted in wine grape
vineyards.
. The landscape plan, date stamped by the City on September 27,2007, shows an eight foot (S')
wide asphalt pathway located along West Beacon Light Road and North Ballant)me Lane
outside of the right-of-way and adjacent to a three foot (3') high berm contained within the
subdivision. The berm is shown with a 3: 1 slope planted with ornamental and coniferous trees
and seeded with a dryland grass seed mix._The landscape plan shows...... .along North
BaIlant)me Lane. Since Beacon Light Road is designated as a Minor Arterial in the 2007 Eagle
Comprehensive Plan, a minimum fifty foot (50') wide by five foot (5') high berm is required
and since North Ballant)me Lane is designated as a Urban Collector within the 2007 Eagle
Comprehensive Plan, a thirty five foot (35') wide by five foot (5') high berm is required. To
address this, the applicant has submitted an Alternat~ Method of Compliance application
(attached hereto) to request approval of the reduction of the required buffer area height and
width requirements due to the unique use of the land as wine grape vineyards~
Although a percentage of open space is not within the A-R zoning district, the applicant is
proposing approximately 3 acres of landscape buffering. The landscape plan shows
approximately .S acres oflandscape buffering adjacent to West Beacon Light Road and
approximately 2.2 acres oflandscape buffering adjacent to North Ballant)me Lane. The
percentage of the property set aside for buffer areas is approximately 11 % of the total project
area.
Since no homes will be located adjacent to any major roadways (only vineyards), staff
recommends approval of the Alternate Method of Compliance application as presented.
However, to enhance the roadway corridors within the Eagle Wine District Overlay area and to
help mitigate any negative effects from the removal of existing trees along the Beacon Light
Corridor in the future (as noted below), staff recommends the applicant submit a revised
landscape plan showing the addition of shade class trees within the buffer areas as
recommended by the City Forester for review and approval by staff and one member of the
Design Review Board prior to the City Clerk signing the final plat.
Page 8 of14
K:\PIanning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drf.doc
As noted above, the portion of West Beacon Light Road in proximity to this site is currently
enveloped by mature trees on both the north and south sides of the road. People who
frequently drive through the area and live in the yicinity are accustomed to having Beacon
Light Road defined and buffered by trees. Removal of the existing trees within the corridor
(upon the future expansion of Beacon Light Road) may likely result in a negative reaction
from the residents and visitors of the area. Since ACHD may be widening the road in the
future, the existing mature tree canopy may eventually be removed. Planting a secondary tree
corridor at this time (i.e. planting shade class trees within the buffer areas) and allowing the
trees to become established may help to alleviate some of the negative effects stemming from
the removal of the existing mature trees at that time.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 8, 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 Butler absent) to approve DR-72-07 for a design
review application of the Common Area Landscaping within Vigne d' Aquila Subdivision for
Aquila LLC, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDmONS OF APPROVAL:
1. Comply with any applicable conditions of A-I 1-07 /RZ-14-07 and PP/FP-O 1-07 (Vigne d' Aquila
Subdivision).
2. The applicant shall obtain a license agreement from ACHD to allow the right-of-way between this
property and the edge of pavement along West Beacon Light Road and North Ballantyne Lane to be
landscaped prior to the issuance of any building permits.
3. Construct an 8-foot wide (minimum) meandering asphalt pathway along Ballantyne Road abutting the
site prior to the issuance of any building permits.
4. Extend the landscaping within the buffer area along North Ballantyne Lane and West Beacon Light
Road to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of
pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel
shoulder area shall be maintained and kept free of weeds and debris.
5. Provide a revised fmal plat showing a -foot wide landscape easement along North Ballantyne Lane
and a -foot wide easement along West Beacon Light Road abutting this site.
6. Place a note on the final plat which states that the -foot wide easement abutting Road and the -
foot wide easement abutting Road are to be maintained by the homeowner's association. Provide a
statement in the CC&R's that one homeowners association in perpetuity shall maintain the all
landscaping within the easements. The CC&R's shall be reviewed and approved by the City prior to
the City Clerk signing the fmal plat.
Page 9 of 14
K:\Planning DeptlEagle ApplicationslDrl2007IDR-72-071and drfdoe
7. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior to
the sale of the fIrst lot. The applicant shall provide the City a copy of the recorded CC&R's prior to the
issuance of any building permits.
8. All utilities servicing the site shall be located underground prior to the issuance of any building permits
for this site.
9. A plan showing construction fencing around the existing trees to be retained (a minimum of IO-feet
from the trunk ofthe 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.
10. All existing trees shall be preserved, unless otherwise determined by the City Forester.
11. Provide a revised landscape plan showing the addition of shade class trees (spaced a minimum of35-
feet on center) within the buffer areas along North Ballantyne Lane and West Beacon Light Road. The
trees shall be located outside of the future right-of-way. The revised landscape plan shall be reviewed
and approved by staff and one member of the Design Review Board prior to the City Clerk signing the
fmal plat.
12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
13. 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.
14. Submit payment for all engineering fees incurred for reviewing this project prior to the City Clerk
signing the final plat.
15. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
STANDARD CONDmONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or CertifIcate of Occupancy,
whichever occurs fIrst.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs fIrst.
3. All permits from 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.
Page 10 of 14
K:\Planning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district. canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement. acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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.
Page 11 of 14
K:\Planning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc
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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs fIrSt.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs fIrSt.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
Page 12 of 14
K:\PIanning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc
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 oflandscaping (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 September 27,2007.
2. Requests for agencies' reviews were transmitted on October 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-72-07) 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 A-R-DA (Agricultural Residential with a development agreement) zoning district.
Page 13 of 14
K:\Planning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc
DATED this Sth day of November 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada CO~IdahO
ATTEST:
..,..........., ,
........ ~""GLS.....
.... OX ........ '.
...... e.
$ ~" ofi.^ TS .....
~[..,: ~ . ':.
-....<1;- ..
: C,): 0 , ;::\ :
. . U ,. '\..0-. 0 ..
: \ ~Y-::r::
. . c:,GP L~. :'
. . .Y ,..........
__. e. .. ~...... ......
-- .. "'CoRfO~e. -$J "
~ ........:'(.....
"" Sl'ATl:. 0 ......
'" .....
.,'..........
Page 14 of 14
K:\Planning Dept\Eagle AppticationslDrl2007IDR-72-07Iand drf.doc