Findings - DR - 2013 - DR-69-12 - Construct The Common Area Landscaping In Lions Gate Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING WITHIN LIONS )
GATE SUBDIVISION FOR LAZARUS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-69-12
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 24, 2013. 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:
Lazarus, LLC,represented by Talena Baer with Baer Design Group, LLC, is requesting design
review approval of the common area landscaping within Lions Gate Subdivision. The 27.38-acre
site is generally located on the southwest corner of Ballantyne Lane and West Floating Feather
Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 20, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 10, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 26, 2006,the Eagle City Council approved an annexation,rezone, and preliminary
plat for Sylvan Wood Estates Subdivision(A-13-06/RZ-16-06/PP-14-06).
On January 9, 2007,the Eagle City Council approved a design review application for the common
area landscaping within Sylvan Wood Estates Subdivision(DR-106-06).
On July 24,2007,the Eagle City Council approved a final plat for Sylvan Wood Estates
Subdivision(FP-03-07).
On July 8, 2008, the Eagle City Council approved a final plat extension of time for Sylvan Wood
Estates Subdivision to be valid until July 24, 2009 (EXT-11-08).
On January 8, 2013, the Eagle City Council approved a development agreement modification and
preliminary plat for Lion's Gate Subdivision(RZ-16-06 MOD and PP-02-12).
E. COMPANION APPLICATIONS: DR-70-12 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One(up to R-1-DA(Residential-1 unit Vacant land with
one unit per acre per acre with a development agricultural use
maximum) agreement)
Proposed No change No change Single-Family,Residential
Subdivision
North of site Residential Estates(one R-E(1 unit per 2 acres Single-Family Residential
unit per two acres) maximum) Subdivision—Scotch
Subdivision
South of site Residential One(up to RUT(Ada County Single-Family Residence
one unit per acre) Designation) and Agricultural
East of site Residential One(up to R-1 (Residential-1 unit per Single-Family Residential
one unit per acre) acre) Subdivision—Lockwood
Subdivision
West of site Residential One(up to 1 A-R(Agricultural Residential Single-Family Residential
unit per acre) one unit per five acres) Subdivision— Wehern
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
There are existing trees located in the southeast corner of the development. Dry Creek Canal runs
parallel to Floating Feather Road along the north property line of this site.
I. SITE DESIGN INFORMATION:
Total Acreage of Site—27.38
Total Number of Lots—32
Residential—25
Commercial—0
Industrial—0
Common—7
Total Number of Units-
Single-family—25
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.91-dwelling units per acre Up to one unit per acre
maximum
Minimum Lot Size 37,005-square feet 37,000-square feet
Minimum Lot Width 100-feet 100-feet
Minimum Street Frontage 46.45-feet 35-feet
Total Acreage of Common Area 2.39-acres 0-acres No open space
required within the R-1
(Residential up to one unit per
acre)zoning designation
Percent of Site as Common Area 8.7% 0%
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4) (a) &(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along Floating Feather Road and a thirty-five foot
(35') wide buffer along Ballantyne 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.
Open Space:
The proposed development includes 2.39 acres(8.7%) of common area.The common area
consists of the required buffer area along Floating Feather and Ballantyne Roads,
proposed cul-de-sac and entrance way islands.
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.
Fire Hydrants and Water Mains:
The preliminary plat shows four (4) 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 or no)-No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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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.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along Ballantyne
Lane. The majority of the trees are black locust trees which are an undesirable tree. The applicant
is proposing to remove these trees and plant with the required plant material along Ballantyne
Lane per Eagle City Code.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees throughout the entire development to be
planted between the back of curb and the separated sidewalk
Maintenance Provisions and Proposed Irrigation Methods:Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS:N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-70-12)has
been submitted for the approval of an entry feature and signage.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letters 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.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
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Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,which
appear to be of special concern, are noted below:
Eagle Fire Department—No comment
New Dry Creek Ditch Company— Listed several conditions regarding encroachments, request for
relocation, access to, and easement requirements associated with the irrigation facility located
adjacent to the proposed development.
W. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 1 unit per 1 acre.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
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
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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.
• Eagle City Code Section 8-2A-7(J)(4)(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) 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.
• Eagle City Code Section 8-2A-7(0)
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;
c. Due to a change of use of an existing site,the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
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shall state which requirement as set forth within this section is to be modified,what
project conditions stated within subsection 01 of this section justify using the proposed
alternative,and how the proposed alternative equals or exceeds said requirement.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The applicant shall 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 shade-class trees in compliance with Eagle City Code(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. The trees shall be located in an 8-foot wide
landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees,sod, and irrigation or
provide the City with a letter of credit for 150%of the cost of 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 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.
• The applicant shall construct a six-foot(6')high berm,as measured from the property adjacent to
the southwest corner of the development(Lots 7, 15, and 16,Block 1). The berm shall be
constructed with a maximum of a 2.5:1 slope on the Plunkett property and a maximum of a 3:1
slope on the applicant's property. The berm shall have 15-feet of the berm located on the Plunkett'
property(located southwest of Lots 7, 15, and 16,Block 1)and 18-feet of the berm will be located
on the applicant's property. The applicant shall construct a six-foot(6')high vinyl fence(which
may have lattice on top)on top of the berm.A recorded easement for the berm shall be executed
between the Plunketts and the applicant with conditions acceptable to the Plunketts,the applicant,
and the City Attorney.A note may be provided on the final plat in lieu of the recorded easement
provided the note states that the easement may not be vacated without permission being granted by
the property owner of the lot located to the southwest of Lots 7, 15, and 16,Block 1.The berm
landscaping and fencing shall be reviewed and approved by the Design Review Board.
D. DISCUSSION:
• The Dry Creek Canal runs parallel to Floating Feather Road and is located on this sites north
property line. The applicant has submitted an Alternative Method of Compliance application for
the buffer area required along Floating Feather Road because of the location of the Dry Creek
Canal easement. The applicant is proposing a twenty (20) foot wide landscape buffer along the
north boundary of this development to be located outside of the canal easement. The proposed
buffer area consists of a five to six(5 to 6) foot high berm with landscape material. Per Eagle City
Code, a fifty (50) foot wide landscape buffer is required along Floating Feather Road and is
required to be planted with five (5) shade trees, eight (8) evergreen trees, three (3)
flowering/ornamental trees, and twenty four (24) shrubs per one hundred (100) linear feet of
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frontage. Sheet L1.1, date stamped by the City on December 20, 2012, shows a total of twenty
three (23) shade trees, forty two (42) evergreen trees, sixteen (16) ornamental trees, and
approximately two hundred (200) shrubs to be planted within the berm along Floating Feather
Road. Per Eagle City Code, the applicant is required to provide a total of forty(40) shade trees,
sixty four (64) evergreen trees,twenty four (24) ornamental trees, and two hundred(200) shrubs.
Staff defers comment regarding the quantity of plant material proposed within the buffer area
along Floating Feather Road to the Design Review Board.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 24, 2013,
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 (McCullough absent)to approve DR-6912 for a design review application
to construct the common area landscaping within Lions Gate Subdivision for Lazarus,LLC,with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Lion's Gate Subdivision(RZ-16-06 MOD and PP-02-12).
2. All overhead power lines located along the southern boundary of this development shall be located
underground prior to the City issuing a certificate of occupancy for this site.
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of any entry signage and/or entry features for this development.
5. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
6. Provide a revised landscape plan showing two inch(2")caliper trees to be used throughout this
development. The revised plan shall be reviewed and approved by staff and one member of the Design
Review Board prior to the City Clerk signing the final plat.
7. The Board approves the alternative method of compliance. The plant quantities shown on the
landscape plan, date stamped by the City on December 20, 2012, is approved.
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.
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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 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
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
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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 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 maybe determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools,etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
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 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.
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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 the City Council 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
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 20, 2012.
2. Requests for agencies' reviews were transmitted on January 10, 2013, 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-69-12) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
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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 as described herein.
The Board understands that the City Council is in the process of modifying the code to require two
inch (2") caliper trees instead of three inch (3") caliper trees. With the understanding that the code
will be modified in the near future, the Board determined that the developer shall only be required to
install two inch(2")caliper trees within this development.
4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-1-DA(residential one with a development agreement)zoning district.
DATED this 14th day of February 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun y ho
Eric R. McCullough, Chairman ;°° ti .••°"•••• �Y `
* :
ATTEST: •— . *•• EAL
•
410 4ItiAtIrAl
Sharon K. Bergmann,Eagle City (lerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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