Findings - DR - 2020 - DR-85-19 - Wild Rose Sub - Common Area Landscaping In Wild Rose Subd SCANNED
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN WILD ROSE )
SUBDIVISION FOR MARTY K. CAMBERLANGO)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-85-19
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 23, 2020. 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:
Marty K. Camberlango is requesting design review approval for the common area landscaping within
Wild Rose Subdivision. The 3.3-acre site is located on the south side of East Hill Road approximately
5 3 5-feet east of the intersection of North Edgewood Lane and East Hill Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 10, 2019. Supplemental
information(revised landscape plan)was received by the City on January 15, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 16, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 14, 2019,the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat for Wild Rose Subdivision, a 13-lot(9-buildable, 4-common)residential planned
unit development(CU-06-18/PPUD-04-18/PP-10-18).
E. COMPANION APPLICATIONS: None.
F. LAND USE DESIGNATION:
Single-family dwelling, permitted pursuant to Eagle City Code Section 8-2-3.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAiIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential R-4(Residential) Vacant parcel
Proposed No change No change Residential subdivision
North of site Compact Residential A-R(Agricultural- Single-family dwellings
Residential)and R-3
(Residential)
South of site Compact Residential R-4(Residential) Single-family residential
subdivision(Edgewood
Estates Subdivision No.2)
East of site Compact Residential R-4(Residential) Single-family residential
subdivision(Chaumont
Subdivision No. 1)
West of site Compact Residential R-4(Residential) Single-family residential
subdivision(Patterson
Subdivision)
H. DESIGN REVIEW OVERLAY DISiKICT:Not in the DDA, iDA,CEDA,or DSDA.
I. URBAN RENEWAL DISiRICT:No.
J. EXISiiNG SITE CHARACI'ERISTICS: There is an existing drainage ditch(New Dry Creek Ditch)
located east of the buildable lots.
K. SITE DATA:
Total Acreage of Site—3.3-acres
Total Number of Lots— 13
Residential—9
Commercial—
Industrial—
Common—4
Total Number of Units-9
Single-family—9
Duplex—
Multi-family—
Total Acreage of Any Out-Parcels—
L. GENERAL SITE DESIGN FEAiLJRES:
Landscape Screening:
The northern property line is located adjacent to East Hill Road which is classified as a collector. The
applicant is proposing a 35-foot wide buffer area located adjacent to East Hill Road.
Open Space:
A total of 42,020-square feet(.96-acres), approximately 29.2% of open space is proposed within the
residential subdivision.The open space is inclusive of the buffer area located adjacent to East Hill Road
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and a lot located on the east side of the New Dry Creek Ditch. The site also contains a common lot
(30,506-square feet)which contains the private street(Lot 12, Block 1). The area associated with Lot
12,Block 1, is not included in the open space area calculation.
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,will 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 requires utility easements to be not less than 12 feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned
unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)-No
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.
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.
M. BUILDING DESIGN FEAIURES:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are six existing trees on the site that are proposed to be removed. The landscape plan, date
stamped by the City on January 15, 2020, states that the six trees are weak trees and are Elm,Russian
Olive,and Locust species.Below is a list of all existing trees proposed to be removed identified on the
landscape plan,date stamped by the City on January 15,2020.
Tree Specie Caliper Condition Replacement Inches
per ECC
Elm, Russian Olive, Unknown Weed trees/Mitigation not 0"
Locust(6) required per Eagle City Code
Total caliper inches of trees required to be replaced on site 0"
Total caliper inches proposed for mitigation 0"
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Tree Replacement Calculations: No mitigation is required.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: There are existing street trees along East Hill Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: N/A
O. TRASH ENCLOSURES: N/A
P. MECHANICAL UNITS: N/A
Q. OUTDOOR LIGHTING:
There is an existing streetlight located adjacent to East Hill Road at the entrance to the subdivision
and an existing historic streetlight located adjacent to East Hill Road that was installed when the Hill
Road improvements were completed.No additional subdivision lighting is required.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the issuance of any building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has 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.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern- none
Evidence of Erosion- no
Fish Habitat- no
Floodplain- no
Mature Trees—yes—located adjacent to the west side of the New Dry Creek Ditch and the southwest
corner of the development
Riparian Vegetation-no
Steep Slopes—no
Stream/Creek—yes—New Dry Creek Ditch
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Unique Animal Life-unknown
Unique Plant Life-unknown
Unstable Soils-no
Wildlife Habitat-unknown
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
New Dry Creek Ditch Company
Y. LE'l'IERS FROM li-LE PUBLIC:None received to date.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFI'
ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHr;NSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
iHIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Compact Residential
Suitable for single family residential,row houses, duplex and four-plexes. Densities range from 4-
units per acre to 8-units per acre.
B. PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT PROVISIONS WHICH
ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
3. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
6. Provide a revised preliminary plat showing Lots 1 and 13,Block 1,at a minimum 35-feet in width
located adjacent to East Hill Road prior to submittal of a final plat application or submit an
Alternative Method of Compliance application with a Design Review application. The Design
Review application shall be reviewed and approved by the Design Review Board and City Council
prior to submittal of final development plan and final plat applications.
13. Provide a mechanism for preventing private vehicle access on the emergency access drives
providing connection between Primrose Lane and East Hill Drive within the Design Review
application. The Design Review application should be reviewed and approved by the Design
Review Board and City Council prior to submittal of final development plan and final plat
applications.
15. The applicant shall be required to construct vertical curbing located adjacent to the north side of
the private street (with the exception of the area located adjacent to the buildable lots). The
applicant shall provide a revised preliminary plat showing the private street typical section with
vertical curbing located on north side of the private street(with the exception of the area located
adjacent to the buildable lots). The revised preliminary plat shall be provided prior to submittal of
final development plan and final plat applications.
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23. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)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, 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. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On-going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
24. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. 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 Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction)to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
25. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat.
29. The applicant shall provide a minimum of 15%active open space(to be reviewed and approved by
the Design Review Board and City Council).
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes,but is not limited to,new commercial, industrial,
institutional,office,multi-family residential projects,signs,common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing,exterior restoration,and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
4. Major Roadways:New residential developments, including, but not limited to, subdivisions
and multi-family developments,shall be buffered from streets classified as collectors, arterials,
freeways,or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway.This buffer is required as part of the common area open space owned and maintained
by a homeowners'association.Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing,as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing.The
required buffer area width,plantings,and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
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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. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
D. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Wild
Rose Subdivision,a 13-lot(9-buildable,4 common)residential planned unit development. The
common area consists of buffers along East Hill Road and a common lot with a walking path,
garden boxes,and BBQs. Staff defers comment regarding the common area landscaping to the
Design Review Board.
• The landscape plan shows trees and shrubs planted adjacent to East Hill Road without a berm
shown. East Hill Road is classified as a residential collector and pursuant to Eagle City Code
Section 8-2A-7(J)(4)(a),a 35-foot wide buffer,with a five-foot high minimum to eight-foot high
berm and planted with four shade trees,five evergreen trees, and twenty shrubs per 100-linear
feet is required. The applicant has met the required number of trees and shrubs required. The
applicant should be required to provide a revised landscape plan showing the 35-foot wide
landscape buffer to have a five-foot high minimum to eight-foot high maximum berm adjacent to
East Hill Road. The revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to approval of the final plat application.
• The landscape plan shows a detail of a four-foot tall open style fence; however,the location of the
fence is not shown on the plan. The applicant should be required to provide a revised landscape
plan showing the location of all proposed fencing.The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to approval of the final
plat application.
STAF'I'RECOMMENDATION PROVII)ED WITHIN THE STAi '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 to consider the application was held before the Design Review Board on January 23,2020,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
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BOARD DELIBERATION: (Granicus time 1:55:29)
Upon completion of the applicant's and staff s presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping and amenities proposed within the
common area.
BOARD DECISION:
The Board voted 6 to 0(Grubb absent)to recommend approval of DR-85-19 for a design review
application for the common area landscaping within Wild Rose Subdivision for Marty K. Camberlango,
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 and text shown with strikethrough to
be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-06-18/PPUD-04-18/PP-10-18.
2. The revised landscape plan,date stamped by the City on January 23,2020,showing a 5-foot berm
adjacent to East Hill Road is approved.' - -. - -. . . . - .. • :-
. -: . . - : • - -• • "•-•" • " -• - -• " . . " --" .:•._" -:
-• ; .
- •:• it••- • tt. : ; •: t . . ; . • . •:-.
3. The revised landscape plan,date stamped by the City on January 23,2020,showing the location of all
proposed fencing is approved. ' - -• . . . . •- --• • - ... -=
"_•-:. -" •• . ". ••- .
•:- •• •• !:. : •‘: : •: . •-. •:-.
4. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a revised landscape plan showing the material proposed to be used in the construction of the
garden boxes(i.e.: artificial wood such as Trexdex or pressure treated wood).The revised landscape
plan shall be reviewed and approved by staff and one member of the Design Review Board prior to
approval of the final plat application.
12. Provide a revised landscape plan showing the barbeque grills relocated away from the tree canopies in
the common area. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to approval of the final plat application.
13. Provide a revised landscape plan showing all landscaping to be watered by an underground automatic
watering system. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to approval of the final plat application.
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14. Provide a revised landscape plan showing the location of the guest parking along Jade Creek Lane.
The revised landscape plan shall be reviewed and approved by staff and one member of the Design
Review Board prior to approval of the final plat application.
NOTE;: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 a Zoning Certificate for this site.
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 and 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 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
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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. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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 issuance of any Certificate of
Occupancy.
11. 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.
12. 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.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall be 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.
14. 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 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.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
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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.
16. 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.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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 approval date).
26. 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.
27. 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.
Page 11 of 13
KAPlanning DeptTagle Applicarions\Dr\2019\DR-85-19 Wild Rose Subdivision LS drf.docx
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR85-19) 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.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-4(Residential)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
Page 12 of 13
KAPlanning DeptTagle Applicadons1D02019\DR-85-19 Wild Rose Subdivision LS drf.docx
DATED this l3th day of February 2020.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Craig Brash1r, Chairman ��.• OF si '
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Sha .'Ber mann, E._le City Clerk , 0.:em-mAriv;.• 0
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Page 13 of 13
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