Findings - DR - 2008 - DR-78-07 - Common Area Landscaping In Tranquil Estates Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN TRANQUIL ESTATES )
SUBDIVISION FOR GARY AND JANETTE DREW )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-78-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 10, 2008. 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Gary and Janette Drew, represented by Angela Cornish, is requesting design review approval for
the common area landscaping within Tranquil Estates Subdivision. The seven (7) acre site is
located on the south side of West Beacon Light Road and 300-feet west of North Ballantyne Lane
at 2141 West Beacon Light Road.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on December 12, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 12, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 24, 2007, the Eagle City Council approved an annexation, rezone with development
agreement and preliminary plat for Tranquil Estates Subdivision (A-9-07 /RZ-I1-07 & PP-12-07).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates RUT (Rural Urban Transition Single family residential,
- Ada County designation) Agricultural
Proposed No Change R-E-DA (Residential Estates- Single family residential
up to two units per acre
maximum with a
development agreement)
North of site Residential Rural RUT (Rural Urban Transition Single family residential,
- Ada County designation) Agricultural (Buckhorn
Estates No.1)
South of site Residential Estates RUT (Rural Urban Transition Single family residential,
- Ada County designation) Agricultural (Kensington
Meadows Subdivision)
East of site Residential Estates R-E (Residential Estates - up Single family residential
to two units per acre (Hoffman Subdivision No.
maximum) I)
West of site Residential Estates RUT (Rural Urban Transition Single family residential,
- Ada County designation) Agricultural (Hoffman
Subdivision No.2)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 7-acres (total to be platted at this time)
Total Number of Lots - 3
Residential - 3
Total Number of Units - 3
Single-family - 3
Total Acreage of Any Out-Parcels - None.
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre I-unit per 2 acres I-unit per 2 acres maximum
Minimum Lot Size 78,408-square feet (l.8-acres) 1.8-acres
Minimum Lot Width 219.76-feet 1 00- feet
Minimum Street Frontage 219.76-feet 35-feet
Total Acreage of Common Area None proposed None required in the R-E zone
Percent of Site as Common Area 0% 0% required in the R-E zone
I. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
According to the preliminary plat date stamped by the City April 25, 2007, the applicant
is proposing a fifty foot (50') wide landscaped buffer area and sidewalk on the south side
of West Beacon Light Road adjacent to the north boundary of the proposed subdivision.
The applicant is also proposing a five foot (5') wide sidewalks detached by an eight foot
(8') wide landscape strip along one side of the proposed internal road (Wyatt Avenue).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, wi1\ be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 that unobstructed utility easements shall be provided along
front lot lines, rear lot lines, and side lot lines when deemed necessary. Total easement
width shall not be less than twelve-feet (l2').
Fire Hydrants and Water Mains:
The preliminary plat date stamped by the City on April 25, 2007, does not show any fire
hydrants. Fire hydrants should be installed and approved as required by the Eagle Fire
District.
On-site Septic System (yes or no) - No
Pressurized Irrigation:
The applicant has proposed to modifY the existing pressurized irrigation system to serve
the development.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(B) 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
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design of the subdivision. Numerous mature trees exist on the property and have been
evaluated by the City Forester.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J. BUILDING DESIGN FEATURES: N/A (Landscape plans only)
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Most of the existing trees are located along
the north section of the property and adjacent to West Beacon Light Road. Other mature trees
exist throughout the site. According to the landscape plan date stamped by the City on December
6,2007, the applicant plans to remove one (1) existing Hawthorne Tree located adjacent to West
Beacon Light Road. According to the applicant this is an unhealthy tree and should be removed.
The City Forester will provide further comment in her report for this application. Other mature
trees exist throughout the site and are proposed to remain.
Tree Replacement Calculations: None
Proposed Tree Mix (Species & Number):
Scholar Tree - 15
Norwegian Sunset Maple - 14
Amur Maple - 16
Blue Spruce - 18
Austrian Pine - 12
Street Trees: The applicant is proposing various street trees to be spaced at 50' to 75' feet intervals
along both sides of the proposed internal road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping: N/A
L. OUTDOOR LIGHTING:
The applicant has submitted a cutsheet that references the proposed street light design and wattage
within the subdivision. The lighting cutsheet is attached to the staff report.
M. SIGNAGE:
No signs are proposed with this application. A separate design review application will be required
for any signage.
N. PUBLIC SERVICES AVAILABLE:
The property is currently serviced by the Eagle Fire Department. The property is also within the
service area of the Eagle Sewer District and United Water.
O. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
The applicant is proposing a five foot (5') wide meandering sidewalk adjacent to West Beacon
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Light Road. Each side of the internal street will have a four foot (4') wide striped pedestrian
walkway.
P. PUBLIC USES PROPOSED: None
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
R. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes (see forester's comments)
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Central District Health
U. LETTERS FROM THE PUBLIC: None received to date.
V. COMMENTS FROM THE CITY FORESTER:
Memo from the City Forester, dated December 18,2007, is attached to the staff report and
included herein by reference.
ST AFF 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 Estates, suitable
primarily for single family residential development on acreages that 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 2 acres.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)
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
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site (or from abutting right of way) replacement with an acceptable species is required as
follows:
IExisting Tree
11 inch to 6 inches caliper
16 1/4 inches to 12 inches
112 1/4 inches or more
IIReplacement
112x caliper of tree removed
111.5x caliper of tree removed
111 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 1 of this section.
· Eagle City Code Section 8-2A-7(J)(4)(a)
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) ofthe shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3 ') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
· Eagle City Code Section 8-2A-7(O)
Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to land use problems. Under certain site conditions, a strict
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existing
regulations within this section. Requests for use of alternative landscaping schemes
are justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full
compliance is impossible or impractical;
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c. Due to a change of use of an existing site, the required bufferyard is larger than
can be provided; and
d. Safety considerations are involved.
C. SUBDIVISION ORDINANCES WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 9-3-2-1 (G)(2)
In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in
length may be permitted by the city if approved by the fire department and the highway
district having jurisdiction. No more than twenty (20) dwelling units shall be permitted
on said cul-de-sac.
. Eagle City Code Section 9-4-1-6(F)( 6)
In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges
of the all internal roadways may be permitted in lieu of constructing sidewalks. Trees
shall be placed within five feet (5') of the edge of roadway.
D. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Provide a landscape plan that shows the fifty foot (50') wide buffer area adjacent to West Beacon
Light Road to be bermed and landscaped in accordance with Eagle City Code. The landscape plan
shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application.
. Comply with all requirements of the City Forester that are deemed appropriate by the Design
Review Board.
. 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. Trees shall be
placed at fifty foot (50') to seventy five foot (75') intervals 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 between eight feet (8') and a maximum of twenty feet (20') from the edge of the
roadway as recommended by the City Forester in collaboration with the applicant. 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
dwelling units. A temporary occupancy may be issued if weather does not permit landscaping.
. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed common areas throughout the subdivision 3) building
elevations for the irrigation pump house, 4) landscape screening details of the irrigation pump
house. The design review application shall be reviewed and approved by the Design Review Board
prior to the submittal of a final plat application.
E. DISCUSSION:
· The applicant is requesting design review approval for the common area landscaping within
Tranquil Estates Subdivision. The 7-acre subdivision consists of three (3) residential lots within
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an R-E-DA (One unit per 2-acres maximum with development agreement) zoning designation.
· At the discretion of the City Council, the R-E (Residential Estates) zoning designation allows for
striped pedestrian walkways instead of separated sidewalks. During the preliminary plat process
the City Council approved this substitution with the stipulation that street trees will be placed at
50' to 75' intervals along the internal road. Drainage swales will be located along each side of
the internal road which will restrict the distance from the road that the trees will be planted. In a
meeting with the City Forester it was determined that a fifteen foot (15') setback for the street
trees from the outside edge of the swales would be sufficient enough to prevent root system
interference with the swales.
· The applicant has submitted an application requesting an alternate method of compliance
(attached to the staff report) for the required landscaping and berming adjacent to West Beacon
Light Road. Because of the topography of the area and the number of existing mature trees the
applicant is requesting a reduction in the amount of required berming. The applicant is also
requesting a reduction in the number of required trees within the buffer area to better
accommodate and to not disturb the existing trees.
According to the landscape plan date stamped by the City on December 6,2007, that applicant
will fall short of the required forty-eight (48) evergreen trees by fifteen (15) trees (approximately).
However, the landscape plan shows that the number of deciduous trees (existing and proposed)
will well exceed the minimum requirement for the landscaped buffer area. Because this is only a
three (3) lot subdivision and the lots will be at least 2-acres in size, staff recommends approval of
the alternate method of compliance.
· Comments from the Eagle City Forester address concerns that the Class II trees (Scholar Trees)
proposed for the north side of the berm will grow into the existing powerlines adjacent to the
property. The City Forester recommends that the applicant instead plant Class I trees in this area.
Class I tree recommendations are provided within the Forester's report, which is also attached to
the staff report.
· Staff defers further comment regarding the City Forester's recommendation to the Design Review
Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on January 10, 2008, at which
time the board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Weber absent) to approve DR-78-07 for a design review application for
the common area landscaping within Tranquil Estates Subdivision for Gary and Janette Drew, with
the following staff recommended site specific conditions of approval and standard conditions of
approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the annexation, rezone application and development
agreement for Tranquil Estates Subdivision (A-09-07/RZ-II-07).
2. Comply with all applicable requirements and conditions of the preliminary plat application for
Tranquil Estates Subdivision (PP-12-07).
3. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
4. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
submittal of a final plat.
5. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
6. No signs are proposed with this application and none are approved.
7. No pumphouse is proposed with this application, nor is one approved.
STANDARD CONDITIONS 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.
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
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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
ofthe storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
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.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approvalletter 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
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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 Council or 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. Staffmay
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, wi\l 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
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of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board 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 December 12, 2007.
2. Requests for agencies' reviews were transmitted on December 12, 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-78-07) 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 R-E-DA (Residential Estates with development agreement) zoning district.
DA TED this 24th day of January 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun aho
ATTEST:
II (Lh-< 0 y- rib ~~ ~
-'Sharon'K. Bergmann, Eagle City lerk
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