Findings - DR - 2008 - DR-60-08 - Common Area Landscaping For Springhaven Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR COMMON AREA )
LANDSCAPING FOR SPRINGHA VEN SUBDIVISION )
FOR BEACON LIGHT HOMESTEAD, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-60-08
The above-entitled design review application came before the Eagle Design Review Board for their
recommendation on October 9,2008. 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:
Beacon Light Homestead, represented by Talena Dovel with The Land Group, Inc, is
requesting design review approval for the common area landscaping within Springhaven
Subdivision. The 14.36-acre site is located approximately 1,984 feet east of the intersection of
North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on September 4,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 9, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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 Residential-Estates (up to RUT (Rural Urban Transition One (1) single-family
one dwelling unit per two - Ada County designation) dwelling and two (2)
acres) accessory structures
Proposed No Change R-E-DA (Residential-Estates Residential subdivision
with a development consisting of eight (8) lots
agreement) (6 buildable, 2 common)
North of site Rural Residential (up to RUT (Rural Urban Transition Two (2) single-family
one dwelling unit per five - Ada County designation) dwellings (one (1) unplatted
acres) parcel and Lot 1, Block 1,
Sunnybrae Subdivision)
South of site Residential-Estates (up to A-R (Agricultural- Three (3) single-family
one dwelling unit per two Residential) dwellings (One (1)
acres) unplatted parcel and Lots
10 and 11, Los Luceros
Acres Subdivision)
East of site Residential-Estates (up to RUT (Rural Urban Transition Accessory structures and
one dwelling unit per two - Ada County designation) agricultural
acres)
West of site Residential-Estates (up to R - E (Residential-Estates) Three (3) single-family
one dwelling unit per two dwellings and accessory
acres) structures (one (1) unplatted
parcel and Lots 6 and 7,
Block 1, Bighorn
Subdivision No.2)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
H. SITE DATA:
Total Acreage of Site - 14.36 acres
Total Number of Lots - 8
Residential - 6
Commercial - 0
Industrial - 0
Common - 2
Total Number of Units - 6
Single-family - 6
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .42-units per acre .50-units per acre
maxImum
Minimum Lot Size 1. 80-acres 1.80-acres minimum
Minimum Lot Width 163.50-feet 1 00- feet
Minimum Street Frontage 229. 69-feet 35-feet
Total Acreage of Common Area .35-acres (15,635-square feet) O-acres (minimum)
I. GENERAL SITE DESIGN FEATURES:
Open Space and Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)( 4)(b), the applicant proposes to
construct a fifty-foot (50') wide landscaped buffer adjacent to Beacon Light Road. All
berming, fencing and landscaping details, including any proposed pump houses for
pressurized irrigation, are required for Design Review Board review and approval prior to
submittal of a final plat.
Storm Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled by a
storm drainage facility or the applicant should place a note on the final plat stating all
storm water from the individual lots is to be retained on the individual lots per Eagle City
Code 9-4-1-10. This should be completed prior to the City Clerk signing the final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
The preliminary plat shows two (2) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes):
Since sewer is not located in proximity to the site and the development will not exceed one
unit per two acres, all homes within the development will be served by individual septic
systems.
Pressurized Irrigation:
The applicant has provided documentation from Farmers Union Ditch Company indicating
the property has 0.82 shares of irrigation water available for irrigation. The preliminary
plat date stamped by the City on August 7, 2008, delineates a PIRR (pressurized
irrigation) line serving all of the proposed lots within the subdivision with the exception of
the landscape island located within the cul-de-sac (Lot 1, Block 2). The preliminary plat
shows the PIRR line located on Lots 2-6 and Lot 7, Block 1, within the existing twenty-
five foot (25') wide ingress/egress approximately twenty-three feet (23') from the rear
property line.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that 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 subdivision. The proposed site was utilized as agricultural ground previously
and there are no trees or watercourses located on the property.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, 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: There are no existing trees on the property,
however there is an existing tree located on the northeast section of the adjacent property to the
west that could possibly be impacted by the construction of the proposed road for Springhaven
Subdivison.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the City Forester and the Design
Review Board.
Street Trees: The applicant is proposing street trees 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:
A subdivision lighting plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to the City Clerk signing the final plat.
M. SIGNAGE:
No signs are proposed with this application. A separate design review application will be required
for any signage for this development.
N. PUBLIC SERVICES AVAILABLE:
The lots within the subdivision will be served by individual wells and septic. The applicant is
proposing to extend an Eagle Water Company water line outside of their certificated service area
for fire suppression. The Eagle Water Company water line will be utilized until a City of Eagle
Municipal Water line is located adjacent to Beacon Light Road. Upon connection to the City of
Eagle Municipal Water line potable water will be available.
O. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Per Eagle City Code section 9-3-3, right-of- way for pedestrian walkways in the middle of
long blocks may be required where necessary to obtain convenient pedestrian circulation
to schools, parks or shopping areas.
P. PUBLIC USES PROPOSED: None
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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R. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
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 to the staff report.
Comments, which appear to be of special concern, are noted below:
Chevron Pipeline - No conflict
Idaho Transportation Department - No comment
U. LETTERS FROM THE PUBLIC: None received to date.
V. COMMENTS FROM THE CITY FORESTER: Comments from the City Forester dated October 1,
2008, are included within the staff report.
STAFF ANALYSIS FOUND 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 (J)(4)(b) Landscape and Buffer Area Requirements, Major
Roadways:
b. Any road designated as a minor arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of fifty feet (50') 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: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
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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.
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:
· Submit a Design Review application with a landscape plan showing the required improvements
(berming, landscaping, sidewalk, and irrigation pumphouse) within the common lots pursuant to
Eagle City Code 8-2A to be reviewed and approved 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 the street abutting this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by
the Design Review Board. Prior to the City Clerk signing the final plat the applicant shall either
install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of
the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping.
· All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the City Clerk signing at 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
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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..
E. DISCUSSION:
· The applicant is requesting design review approval for the common area and roadside
landscaping within Springhaven Subdivision. The 14.36-acre subdivision consists of eight (8)
lots (6 buildable, two common) within an R-E (Residential Estates) zoning designation.
· According to the site plan date stamped by the City on September 4, 2008, the applicant is
proposing four foot (4') wide striped pedestrian walkways in place of the typical five foot (5')
wide separated sidewalks. According to Eagle City Code zoning districts that 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 pedestrianlbicycle
symbols) on both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Council has not yet reviewed this application and so has not yet made a determination
on the appropriateness of the striped walkways. However, in recent action the Council has
approved striped walkways in similar subdivisions including Catalpa Subdivision and Tranquil
Estates Subdivision. Because the proposed subdivision falls within the terms of the code for
consideration of this alternative, staff recommends approval of the striped pedestrian walkways.
· According to the site plan date stamped by the City on September 4,2008, the five foot (5') wide
sidewalk adjacent E. Beacon Light Road is proposed to extend in a straight line along the
property and within the landscape buffer. The applicant should provide a revised site plan that
shows the five foot (5') wide sidewalk to be slightly meandering enough to provide some
contextual interest but so that it also remains in compliance with ADA standards. The revised site
plan shall be reviewed and approved by staff prior to the submittal of a final plat application.
· Though no trees exist on the subject property, there is an existing tree located on the adjacent
property to the west that could possibly be adversely impacted by the construction of the road.
The applicant should provide mitigation and tree preservation techniques during construction of
the road so that the tree is not negatively impacted. The City Forester should inspect the site and
the tree location and provide suggestions that will mitigate any possible road construction impacts
to the tree.
· Staff defers 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 October 9, 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 5 to 0 (Barnes and Whitaker absent) to approve DR-60-08 for a design review
application for common area landscaping for Springhaven Subdivision for Beacon Light
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Homestead, LLC, with the following staff recommended site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the annexation, rezone application and development
agreement for Springhaven Subdivision (A-04-08/RZ-09-08).
2. Comply with all applicable requirements and conditions ofthe preliminary plat application for
Springhaven Subdivision (PP-04-08).
3. Provide a revised site plan that shows the five foot (5') wide sidewalk to be slightly meandering
enough to provide some contextual interest but so that it also remains in compliance with ADA
standards. The revised site plan shall be reviewed and approved by staff prior to the submittal of a
final plat application.
4. The applicant shall have an on-site meeting with the City Forester to survey any 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.
5. Provide a license agreement from A CHD 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.
6. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
7. No signs are proposed with this application. A separate design review application will be required for
the approval of any signage for this development.
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
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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 (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 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
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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 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. 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.
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,
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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 ofthe 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 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 September 4,2008.
2. Requests for agencies' reviews were transmitted on September 9, 2008, 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-60-08) 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 (Residential-Estates, up one dwelling unit per two acres) zoning district.
DA TED this 23rd day of October 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE.
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