Findings - DR - 2013 - DR-30-13 - Common Area Landscaping In Hcr/Level 3 Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN HCR/LEVEL 3 SUBDIVISION )
FOR HOME CAPITAL RESOURCES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-30-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 25, 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:
Home Capital Resources,represented by Doug Russell with The Land Group, Inc., is requesting
design review approval of the common area landscaping within HCR/Level 3 Subdivision. The
16.26-acre site is located on the south side of West State Street approximately 670-feet west of
Linder Road at 5001 and 5025 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 12, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 20, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 14, 2013, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, preliminary plat with development agreement for HCR/Level 3
Subdivision(A-04.-12/RZ-06-12/CU-05-12/PPUD-03-12/PP-04-12).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use,Residential RUT(Ada County Two single-family
One, and Scenic Corridor Designation) residences and vacant land
Proposed No Change R-4-DA-P(Residential Single-Family, Residential
maximum four units/acre with Planned Unit Development
a development agreement and
a planned unit development)
North of site High Density Residential MU-DA(Mixed Use with a The Preserve Planned Unit
development agreement)and Development(Eaglefield
RUT(Ada County Estates Subdivision)
Designation)
South of site Residential Estates and RUT(Ada County Boise River
Floodway Designation)
East of site Mixed Use and MU-DA(Mixed Use with a Proposed Orchards at
Residential One development agreement) Eagle development
West of site Mixed Use,Residential RUT(Ada County Single-family residence
One,and Scenic Corridor Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
There are two residential dwellings that are to be retained and contained within two of the new lots
within this development. There are 223 trees located throughout the site,of which the applicant is
proposing to retain 85-trees.
I. SITE DESIGN INFORMATION:
Total Acreage of Site— 16.26-acres
Total Number of Lots—55
Residential—45 (inclusive of 2 existing dwellings)
Commercial—0
Industrial—0
Common— 10
Total Number of Units-
Single-family—45
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 2.77-dwelling units per acre Up to four(4)units per acre
maximum
Minimum Lot Size 8,085-square feet 8,000-square feet
(Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase
of the same square-footage in
open space and a planned unit
development is applied for
and approved-per ECC
Section 8-6-5-5 [A]).
Minimum Lot Width 78-feet 70-feet(minimum)
Minimum Street Frontage 20-feet(Lot 7,Block 1)—all 35-feet(minimum)
remaining lots are greater
than 35
Total Acreage of Common Area 3.58-acres 3.25-acres(minimum)
Open Space
Percent of Site as Common Area 22.01% 20%
Open Space Except that,according to
ECC Section 9-3-8 (C)the
City may require additional
public and/or private park or
open space facilities in PUDs
or in subdivisions with 50 or
more lots.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:N/A
Height and Number of Stories of Proposed Buildings:N/A
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees on this site. The
trees located around the existing houses are to remain, along with several other trees throughout
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the development. Numerous trees are proposed to be removed in order to accommodate the public
roads within this development.
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:N/A
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. FENCING:
Three different fence styles are proposed within this development:
4-foot high decorative wrought iron fence
4-foot high vinyl rail fence
6-foot high solid vinyl fence
R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department,Eagle Fire Department,and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—see Sheet L3.00 and letter from Gary Moen,Horticulturist
Riparian Vegetation-no
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Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,which
appear to be of special concern, are noted below:
Central District Health
Drainage District No. 2—Sawtooth Law
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
X. 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:
The Comprehensive Plan Land Use Map (adopted February 7, 2011), 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.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 20 units per 1 acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
This designation includes the Willow Creek Scenic Corridor that is to provide increase setbacks
and buffering of development including natural vegetation and restoration, regional trail and
connectivity.
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B. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot(10') wide asphalt public pathway to be located within a
twenty-five foot(25') wide easement to be located within the common lot located adjacent to
the southern boundary. The specific location and design of the pathway shall be approved by
the Design Review Board. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-
6(E) (2). The instrument number of the recorded easement or easements shall be referenced on
the face of the plat for HCR/Level 3 Subdivision, upon recordation of the final plat wherein
the pathway is located.
C. PRELIMARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Provide a revised preliminary plat showing a 10-foot wide regional pathway located within Lot 6,
Block 3, and adjacent to State Street (SH-44). The revised preliminary plat should be provided
prior to submittal of a final plat application.
• All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat.
• The applicant shall provide a tree inventory site map at the time of submittal of a design review
application
• 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 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 on the side lot lines, or as approved by the Design Review Board and
within five-feet (5') of the edge of the roadway. 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
within landscape strips. 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.
• The applicant shall provide a landscape buffer or combination of landscaping and a low solid wall
to be located between Old Valley Road and State Highway 44. The landscape buffer/landscape
buffer with wall shall be constructed at a height to minimize the conflict of headlights of vehicles
traveling west on Old Valley Road and east on State Highway 44. The landscape buffer/landscape
buffer with wall shall be reviewed and approved by the Design Review Board prior to the
submittal of a final plat application.
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D. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(A)(5)
Utilities:Utility service systems shall not detract from building or site design. Cable,electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
• Eagle City Code Section 8-2A-7(C)Existing Vegetation
1. Retention Of Existing Trees:Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way)replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
;..wa .....sue w f
In all cases,planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example:An eight inch(8")caliper tree is removed, an acceptable replacement would be three
(3)4-inch caliper trees or four(4)3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark,branches,or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance
with subsection Cl of this section.
3. Grade Changes And Impervious Surfaces:Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet(6'),or to the drip line,whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
• Eagle City Code Section 8-2A-7(J)(4)(c)
Any road designated as a principal arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of seventy five feet(75')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: six(6)
shade trees,ten(10) evergreen trees,four(4) 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.
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A minimum ten foot(10')high,maximum twelve foot(12')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.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
HCR/Level 3 Subdivision, a 16.26-acre development with 55-lots(45-buildable and 10-common).
The proposed development includes street trees,common lots,a berm along State Highway 44,
and a pathway along the Boise River. No club house or structures are proposed at this time.
• There are 223 trees that are located around the existing homes and throughout the property. The
applicant is proposing to retain 85 of the existing trees in their current locations. The remaining
138-trees are to be removed due to their health and the proposed locations of the public roads. The
applicant has provided an extensive survey of all the trees located on this site indicating the
caliper,tree condition, if the tree can be retained,moved on site,or if the tree is undesirable due to
health,type of tree,or location. Based on the tree report indicating trees to be removed, retained,
or relocated, staff has determined that a total of 95-caliper inches of trees are proposed to be
removed from this site pursuant to Eagle City Code. If the applicant were required to replace 95-
caliper of tree on site,that would require the applicant to plant an additional 47 trees above and
beyond what is already required to be planted within this development. Staff defers comment
regarding tree mitigation to the Design Review Board.
• Pursuant to the preliminary plat approval for HCR/Leve13 Subdivision, a 10-foot wide regional
pathway is located adjacent to State Highway 44. The landscape plans submitted with this
application show an 8-foot wide pathway to be located adjacent to State Highway 44. The
applicant should be required to provide a revised landscape plan showing a 10-foot wide regional
pathway located adjacent to State Highway 44. The revised landscape plan should be reviewed
and approved by staff and two members of the Design Review Board prior to the City Clerk
signing the final plat.
• Pursuant to the preliminary plat approval for HCR/Leve13 Subdivision, a landscape buffer or
combination of landscaping and a low solid wall to be located between Old Valley Road and State
Highway 44 is required to minimize the conflict of headlights of vehicles traveling west on Old
Valley Road and east on State Highway 44. Staff defers comment regarding the proposed buffer
along Old Valley Road and if it minimizes the conflict of headlights of vehicles 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 July 25, 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
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including the applicant/representative).
BOARD DECISION:
The Board voted 2 to 0 (Hull abstains and McCullough, Grubb, and Martin absent)to approve
DR-30-13 for a design review application for the common area landscaping within HCR/Level 3
Subdivision for Home Capital Resources,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 A-04-12,RZ-06-12, CU-05-12, PPUD-03-12, and PP-04-
12.
2. Provide a revised landscape plan showing a 10-foot wide regional pathway located adjacent to State
Highway 44. The revised landscape plan shall be reviewed and approved by staff and two members of
the Design Review Board prior to the City Clerk signing the final plat.
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
4. All overhead utilities on the site shall be removed and/or placed underground.
5. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
6. Provide a revised landscape plan showing shrubs to be planted within the area on the plan currently
showing grass between State Highway 44 and Old Valley Road. The height and size of the shrubs
shall be of a size that will block the headlights of this development from shinning onto State Highway
44 at the time of installation. The revised landscape 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. No additional trees are required to mitigate the trees that are being removed from this site.
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 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.
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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
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.
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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 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.
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.
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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 June 12, 2013.
2. Requests for agencies' reviews were transmitted on June 20, 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-30-13) 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-4-DA-P (Residential with development agreement-PUD)zoning district.
DATED this 8th day of August 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ric R. McCu lough, Chairm.
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Sharon ' . Bergmann,Eagle Ci y Clerk
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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