Findings - DR - 2007 - DR-33-07 - Common Area Landscaping And Poolhouse In Eagle Gateway South Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW OF THE COMMON )
AREA LANDSCAPING AND POOLHOUSE )
WITHIN EAGLE GATEWAY SOUTH )
SUBDIVISION FOR CORNERSTONE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 13,2007, 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:
A. PROJECT SUMMARY:
Cornerstone LLC, represented by Walter Lindgren with Johnson Architects, is requesting design
review approval of the common area landscaping within Gateway South Subdivision. The site is
located on the southeast comer of East Riverside Drive and State Highway 44 at 1650 East
Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 9, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 21, 2007, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 24,2007, the Eagle City Council approved an annexation, rezone and preliminary plat for
Eagle Gateway South (A-lS-06/RZ-24-06 and PP-2I-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway MU-DA (Mixed Use with Pasture and abandon gravel
and Scenic Corridor Development Agreement) and pit
overlay PS-DA (Public/Semipublic
with Development
Agreement )(pend ing adoption
of Rezone Ordinance)
Proposed No Change No Change Mixed use development
including commercial,
retail, single-family, multi-
family residential and a
public park.
North of site Business Park BP (Business Park) State Highway 44
South of site Floodway RP (Ada County designation) Williamson Horse Ranch
East of site Mixed Use, Floodway MU (Mixed Use) Pasture and Ancona
and Scenic Corridor Subdivision
overlay
West of site Mixed Use, Floodway RUT (Residential- Ada Proposed Lonesome Dove
and Scenic Corridor County designation) Subdivision
overlay
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 56.86 +/- acres
Total Acreage of Area to be Developed - 34.69 +/- acres
Total Acreage of Area to be Donated to the City - 22.17 +/-
Total Number of Lots - 98
Residential - 114
Commercial - 16
Industrial - 0
Common - 6
Total Number of Units - 114
Single-family - 72
Multi-family - 42
Total Acreage of Any Out-Parcels - none
Total Gross Square Footage of Commercial Buildings - 200,500 square feet (approximately)
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 6.2-units per acre 6.2 units per acre (maximum)
(Based on 18.36 acres of per development agreement
residential area)
Minimum Lot Size 0.09-acres (3,737-sq. ft.) 0.16-acres (7,000 sq. ft.)
Per development agreement
Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase
of the same square-footage in
open space and a planned unit
development is applied for and
approved) - per ECC Section
8-2-4 (G).
Minimum Lot Width 40-feet (approx.) 50-feet
Minimum Street Frontage 40-feet N/A
Total Acreage of Common Area 27.66-acres * 9.77-acres (minimum)
5.68 acres minimum plus 4.09-
acres for lots smaller than the
minimum (7,000 SF) - per
ECC Section 8-2-4 (G)
Percent of Site as Common Area 49.4% (approximately)* 17.18% (minimum)
* Note-The common area is inclusive of the floodway area, which also contains the area to be
donated to the City for a park/nature area site.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building located in the pool area for changing rooms.
Height and Number of Stories of Proposed Buildings: One story, 16' 6" high.
Gross Floor Area of Proposed Buildings: 463-square feet
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES:
Roof: Composition shingle (pabco - drift wood)
Walls: James Hardi shingle siding (SW 6145 Thatch brown), Pre fabricated stone (eldorado
veneto)
Windows/Doors: Metal door (thatch brown)
Fascia/Trim: Hardi trim (SW 6104 Kaffee)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located along the
river and six trees located in the southeast comer of the project area.
Tree Replacement Calculations: On March 19,2007, City Forester, Julie Lafferty, visited the site
and identified six (6)-trees the developer had requested to be removed. The total diameter of the
six (6)-trees is 145 inches with a total value of $52,500.00.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The landscape plan, date stamped by the City on July 31, 2007, shows 215 street
trees are proposed to be placed within the project area. The plan also shows that 65 trees will be
planted around the pond areas and an additional 40 trees will be installed in the median of East
Riverside Drive for a total of 320 trees throughout the project area.
With the removal of the trees requested by the developer, Eagle City Code requires that 26 trees
would be needed to mitigate the trees that will be removed. However, the 320 trees the developer
proposes to install will be more than adequate to meet this requirement.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping will be installed around the perimeter of all proposed parking
lots.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
Trash receptacles will consist of two (2) 90-gallon trash cans located adjacent to the pool house
and will be located behind a six-foot (6') high screening wall. The wall will be constructed of the
same color and materials as the pool house.
N. MECHANICAL UNITS:
The applicant has stated that no mechanical units will be necessary for the heating and cooling of
the pool house structure. Equipment for operating and maintaining the pool will be housed inside
the building.
O. OUTDOOR LIGHTING:
Outdoor lighting will consist of twelve-foot (12') street lights. The street lights are designed after
the antique style and finished in a dark bronze color. A site and parking lot light plan showing
location, height, and wattage is required to be reviewed and approved by the Zoning Administrator
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.
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Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
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 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 - Yes-Flood area adjacent to Boise River
Evidence of Erosion - No
Fish Habitat - Unknown
Floodplain - Yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River
Mature Trees - Yes - adjacent to the Boise River
Riparian Vegetation - Yes, in proximity to Boise River
Steep Slopes - No
Stream/Creek - Yes - Boise River
Unique Animal Life - No
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat - Yes, Riparian areas adjacent to Boise River
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:
Memos from Julie Lafferty, dated April 5, 2007, and May 29, 2007, are attached to this report and
incorporated herein by reference.
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STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
B. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Provide a landscape plan showing berming, fencing, and planting details within
required buffer and landscape strip areas within this development and the adjacent
developments to the east and west of this site for review and approval by the Design
Review Board prior to the submittal of a 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 and landscape strip areas within this development and the adjacent
developments to the east and west of this site any proposed signage and fencing for
review and approval by the Design Review Board prior to the submittal of a final plat
application;
. 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 the
street within this development. The trees shall be located in the 8-foot wide landscape
strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior
to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping.
. All living trees shall be preserved, unless otherwise determined by the City Forester.
A detailed landscape plan showing how the trees will be integrated into the open
space areas or private lots (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to
the submittal of a final plat. The applicant shall have an on-site meeting with the City
Forester to survey all existing trees. Subsequent to the on-site meeting, construction
fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
that are to be preserved, prior to the commencement of any construction on the site.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
8-2A-7 (J)(4)(a): 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 (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.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
8-2A-7 (C): Landscaped and Buffer Area Requirements:
Existing Vegetation:
I. Retention Of Existing Trees: Existing trees shall be retained un less
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
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
l.5x caliper of tree removed
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.
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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 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 ofthe 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.
8-6-5-2: Common Open Space:
A. Required Common Open Space: A minimum often percent (10%) of the
gross land area developed in any residential PUD project shall be reserved for
common open space and recreational facilities for the residents or users of the
area being developed.
B. Dedication Of Land For Public Use: A required amount of common open
space land reserved under a PUD shall either be held in corporate ownership
by owners of the project area for the use of each owner who buys property
within the development or be dedicated to the public and retained as common
open space for parks, recreation and related uses. Public utility and similar
easements and right of way for watercourses and other similar channels are
not acceptable for common open space dedication unless such land or right of
way is usable as a trail or other similar purpose and approved by the council.
C. Maintenance: The responsibility for the maintenance of all open spaces shall
be specified by the developer before approval ofthe final development plan.
. Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large
scale developments, the council may require sufficient park or open space
facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.
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C. DISCUSSION:
. The applicant is proposing 114-residential units (72-single-family lots, 42-units located within
4 multi-family buildings). The proposed density (based on 18.36 acres for the residential area
located outside the floodway) is 6.2 dwelling units per acre. The Mixed Use area is designated
to allow up to 6.2 units per acre per the development agreement. The City encourages this area
to be high density due to its proximity to the city center, services and a principal arterial State
Highway 44.
. The proposed site lies within the Boise River floodway and floodplain as delineated in the
Federal Emergency Management Agency flood insurance rate maps (panel numbers 154 &
162) map revision dated February 19, 2003. Prior to commencing work on this site a
Floodplain Development Permit will be required.
. Due to the location of this site in proximity to the Boise River, a 404-permit from the Army
Corps of Engineers may be required before any development occurs in this area. The applicant
should provide documentation from the Army Corps of Engineers regarding the requirement
of a 404-permit prior to submitting a final plat application.
. The landscape plan, date stamped by the City on July 31,2007, encompasses approximately
27.66 acres and includes common open space, a community swimming pool with pool house,
two (2) play areas and a trail network running throughout the entire project area.
. Common open space area will be constructed around two centrally located ponds within the
project area. Landscaping around the pond areas will consist of grasses, shrubbery and a
variety of tree species. The ponds will be accessible to bicyclists and pedestrians via the
pathway system.
. The design of the pool house is Craftsman Style, which is one of the nine approved
architectural building styles outlined in the City of Eagle's EASD book. The craftsman style is
the residential architectural theme of the overall development which is reflected in the design
of the pool house. The features of the building will include a mixture of a cultured stone
veneer, exposed rafter tails and shingled siding. A trellised entrance and trellised area on the
southeast portion of the pool area will be featured and will include a children's sitting area.
The pool house/swimming pool will be enclosed by a six foot (6') high decorative wrought
iron fence.
. The two play areas will be incorporated into common open space areas and located adjacent to
pedestrian/bicycle pathways that run throughout the project area.
. The 2000 Eagle City Comprehensive Plan Transportation/Pathway Network Map # I of 2
shows a pathway adjacent to the north side of the North Channel of the Boise River. The site
currently does not have a green way easement or natural pathway adjacent to the Boise River.
The Landscape Plan date stamped by the City on July 31,2007, shows pathway connections to
the greenbelt located adjacent to the east and west boundaries of the development. There are
also two (2) paved pathway connections centrally located through common lots approximately
450' and 990' west of the eastern property line for use by the residents ofthe development to
the open space area within the floodway area of the Boise River. The applicant will be meeting
with the City's Parks and Pathways Development Committee to determine the specific location
of the greenbelt pathway which should be located in alignment with the greenbelt pathway
approved with the Lonesome Dove application.
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. This application is for approval of the pool house area and common area landscaping within
Eagle Gateway South. However, per Eagle City Code Section 8-2A, the applicant will be
required to comply with design criteria for commercial, retail, and attached housing (multi-
family housing exceeding two units) as set forth in the City of Eagle's EASD book. The
applicant will submit all building elevations to be approved by the Design Review Board and
the Eagle City Council prior to submitting a final plat application.
. Julie Lafferty, City Forester, provided a map of the existing trees, tree valuations, and a report
dated April 5, 2007, regarding the trees on the site. The applicant would be required to
mitigate for the existing trees due to the proposed location of the roads and buildable areas of
the lots.
. Julie Lafferty, City Forester, provided further comments in a report dated May 29,2007,
regarding placement of trees within vision triangles and substitution of Class I trees with Class
II and Class III trees so that a more effective urban canopy is encouraged.
. The existing power utilities to the site are located overhead. Per Eagle City Code, underground
utilities are required. The applicant should also be required to place all utilities (including
distribution lines) underground prior to the City Clerk signing a final plat.
. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 13, 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 and Whittaker absent) to approve DR-33-07 for a design review
application of the common area landscaping and clubhouse within Eagle Gateway South
Subdivision for Cornerstone, 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 CONDITIONS OF APPROVAL:
I. Comply with any applicable conditions of A-I 8-06, RZ-24-06 and PP-21-06 (Eagle Gateway South
Subdivision).
2. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way prior to the submittal of a final plat.
3. Landscaping of said rights-of -way to be reviewed and approved by City staff prior to City Clerk
signing of the final plat.
4. All utilities servicing the site (including electrical distribution lines) shall be located underground prior
to the issuance of any building permits for this site.
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5. A plan showing construction fencing around the existing trees to be retained (a minimum of 10-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.
6. The applicant shall be required to submit a design review application for all commercial,
condominium, or townhouse buildings for review and approval by the Design Review Board prior to
any buildings being constructed on this site.
7. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester.
8. The applicant shall provide a pathways plan showing a paved pathway system within the open space
area adjacent to the Boise River which complies with recommendations from the Parks and Pathways
Development Committee.
9. The developer shall provide 3-inch minimum caliper shade-class trees 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 and the drive aisles, or as approved by the Design Review Board. The trees shall be located in an
8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City
Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy penn its for the site.
A temporary occupancy may be issued if weather does not permit landscaping.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
II. 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.
12. The applicant shall pay for all engineering fees incurred for reviewing this project prior to the issuance
of a building permit.
13. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
14. The applicant shall provide a revised elevation of the pool house. The revised elevation shall show
additional detail to the roofline such as addition of an additional dormer, cupola, or chimney feature.
The revised elevation shall be reviewed and approved by staff and one (I) member of the Design
Review Board.
15. The applicant shall provide revised elevation of the trellis structure around the pool area. The revised
elevation shall show the color of the trellis to match the colors of the pool house. The revised elevation
shall be reviewed and approved by staff and one (I) member of the Design Review Board.
16. The applicant shall provide a detailed plan of the pond areas. The plan shall show proposed aeration of
the ponds as well as the depth of each pond. The plan shall be reviewed and approved by staff.
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STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements ofthe 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.
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 stonn drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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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] ,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.
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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 May 9, 2007.
2. Requests for agencies' reviews were transmitted on May 21, 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-33-07) 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.
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4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement) and PS-DA (Public/Semi-Public with a
development agreement) zoning districts.
DA TED this 27th day of September 2007.
DESIGN REVIEW BOARD
OF THE CITY OWlF EAGLE
Ad~nrytJo. .
Eric R. McCullough, Chairman
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Page 15 of 15
KIPlanning Dept\Eagle Applications\Dr\2007\DR-33-07 land drfdoc