Findings - DR - 2014 - DR-33-13 - Constrcut The Common Area Landscaping In Renovare Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING WITHIN RENOVARE )
SUBDIVISION FOR RENOVARE DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 25, 2013, at which time the Board remanded this item to staff. On January 23, 2014, the Board
made their decision. 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:
Renovare Development, LLC, represented by Tim Mokwa with KM Engineering, is requesting
design review approval to construct the common area landscaping within Renovare Subdivision.
The 37.3-acre site is located on the southeast corner of Edgewood Lane and Riverside Drive
(extended).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 20, 2013. Supplemental
information for this application was submitted on January 10,2014, and January 14,2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 24, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007,the City Council approved an annexation and rezone from RUT(Rural Urban
Transition—Ada County designation)and MU(Mixed Use)to MU-DA (Mixed Use with
Development Agreement)for Cornerstone Group, LLC (A-18-06/RZ-24-06).
On July 24, 2007,the City Council approved a preliminary plat for Eagle Gateway South
Subdivision for Cornerstone Group,LLC(PP-21-06).
On October 16, 2007,the City Council approved a design review for the common area landscaping
for Eagle Gateway South Subdivision for Cornerstone Group,LLC(DR-33-07).
On June 10, 2008,the City Council approved a modification to the development agreement to
change a"Hotel"use(shown as "C"conditional use under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations")to a permitted use on
the property associated with Eagle Gateway Subdivision for Eagle Gateway South, LLC (RZ-24-
06 MOD).
On September 23, 2008,the City Council approved a modification to the development agreement
and associated exhibits within the development agreement to allow for an overall building height
of 39-feet, decorative parapet walls of 46-feet, entrance parapet height of 48-feet, and an entryway
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feature height of 58-feet. The modification also approved a digital reader board not to exceed two
hundred square(200)feet(RZ-24-06 MOD2).
On October 7, 2008,the City Council approved a design review application for a movie theater for
Riverwood Cinemas for Ogden Entertainment(DR-54-08).
On June 25, 2013, the City Council approved a modification to the development agreement and
associated exhibits within the development agreement to allow for a Commercial Entertainment
Facility (Tennis and outdoor recreational facility), Nursing/Convalescent Home, and a building
height exception for the tennis facility not to exceed 45-feet in height and a height exception for a
hotel to not exceed 60-feet in height.
E. COMPANION APPLICATIONS:
Modification to the development agreement and preliminary plat application (RZ-24-06 MOD4
and PP-03-12).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway MU-DA(Mixed Use with Vacant land
and Scenic Corridor Development Agreement)
overlay
Proposed No Change No Change Gated residential
subdivision served by
private streets and a
park/nature site to be
donated to the city
North of site Business Park BP (Business Park) State Highway 44
South of site Floodway RP(Ada County designation) Boise River(north
channel)Williamson Horse
Ranch
East of site Mixed Use, Floodway MU(Mixed Use) Pasture and Ancona
and Scenic Corridor Business Park
overlay
West of site Mixed Use,Floodway RUT(Residential—Ada Proposed Lonesome Dove
and Scenic Corridor County designation) Subdivision
overlay
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are numerous ponds located on this property. The applicant is proposing to retain the
existing ponds and in some instances expand the size of the ponds. There are numerous trees
located on the proposed park site and the area just north of the proposed park site.
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I. SITE DESIGN INFORMATION:
Total Acreage of Site—40.20-acres
Total Number of Lots—67
Residential—55
Commercial—0
Industrial—0
Common— 11
Park Site— 1
Total Number of Units—55
Single-family—55
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
J. GENERAL SITE DESIGN FEATURES:
The application, date stamped by the City on January 10, 2014, indicates a community pool house
and an irrigation pump house are to be submitted separately.
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees in the proposed
park site(the southern 15.30-acres).
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The applicant received approval to construct private streets within this development.
A 6-foot wide striped pathway is proposed along one side of the streets with parking being
restricted to the other side of the street. Street trees are proposed between the on-street parking. It
is the applicant's desire to create a unique look within this development not only with the layout of
the development but through the architectural style of the homes as well as through the
landscaping. Thus, the street trees typically located on each front lot corner are not being
proposed.
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 street light plan showing location, height, and wattage is required to be reviewed and approved
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by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health 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.
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
Fish Habitat-no
Floodplain-Yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River
Mature Trees—Yes—in the proposed park area
Riparian Vegetation-Yes, in proximity to Boise River
Steep Slopes -no
Stream/Creek-Yes—Boise River
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 incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Central District Health
Eagle Sewer District
Idaho Transportation Department
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.
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:
• 6.3 Land Use Designations
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The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). 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.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the floodway areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways, ball fields, parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City,the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
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.
B. 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(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
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 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(M)
M. Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Meandering sidewalks shall be required
when space permits. An average five foot(5')wide minimum parkway planter strip planted
with shade class (class II or class III)trees shall be required between the sidewalk and street to
provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five (35)
linear feet of street frontage.
3. Within residential developments one shade class(class II or class III)tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all streets
within the five foot(5')wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the distance
between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80') of
street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-10 Fences:
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 subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code Section 9-4-1-6(D)
Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet(6')to ten feet(10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet(8')wide and shall be located within a
sixteen foot(16')wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated,the council may consider a reduction in pathway width to
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six feet(6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet(10')wide and shall be located
within a twenty foot(20')wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot(5')wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s)or a homeowners'association unless accepted by a public entity. The
five foot(5')wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2')wide(as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however,the total width of the
landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County,the "Design
Guide For Accessible Outdoor Recreation", and the "Guide For The Development Of
Bicycle Facilities", or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches(24") long by twenty four inches(24")deep. Each panel shall have no less
than four(4)vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-
half inch (I/2")at ninety degrees(90°) from the interior of the panel, spaced six inches(6")
apart. A minimum of nine(9)antilift tabs, three(3)each between the vertical ribs, shall be
integrated into each panel, measuring a minimum of 0.085 inch thickness and protruding
three-eighths inch (3/8")from the panel wall. An integrated joining system shall be
employed for instant assembly by sliding one panel into the other. An alternative type
barrier system of equal root penetrative resistance may be considered on a case by case
basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention,the following design standards will be followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
b. Adequate lighting may be provided as determined by Eagle city council and may be
owned and maintained by the city of Eagle once the path is turned over to the city for
maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to major
public open space that require vehicular parking,the council may request the developer to
designate land to be purchased and maintained by the appropriate public authority for
public parking. Buffering of surrounding residential uses shall be considered in the area
for purchase.
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D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Renovare Subdivision. The design of the subdivision is unique to Eagle with regard to the private
streets without separated sidewalks, a striped walking path on the private streets,the width of the
pathways throughout the development, architectural theme of the homes, and other proposed
landscape concepts. On November 26, 2013, the Eagle City Council approved a development
agreement modification and preliminary plat for Renovare. With some minor modifications,the
applicant received approval of their submitted design. Separated sidewalks with street trees
planted at every front lot corner is one of the code sections that was not required of this
development. The landscape plan date stamped by the City on January 14, 2014, shows trees to be
planted along the north side of East Lone Shore Lane between the on-street parking spaces
provided.
Pursuant to the preliminary plat approval, a typical lot landscaping plan is to be reviewed and
approved by the Design Review Board. Sheet L-9, date stamped by the City on January 14, 2014,
shows typical plantings proposed on the residential lots. Staff defers comment regarding the
proposed plantings to the Design Review Board.
• Pursuant to the preliminary plat approval,the applicant is to enter into a Memorandum of
Understanding(MOU)with the property owner located north of Renovare Subdivision to provide
15 shared parking spaces for greenbelt access. The landscape plans, date stamped by the City on
January 14, 2014, show 10-parking spaces to be located within the terminus of Edgewood Lane
within the right-of-way. This proposed location does not comply with the preliminary plat
approval. The applicant should be required to provide a revised landscape plan showing the 10-
parking spaces, shown to be located at the terminus of Edgewood Lane,removed from the plan.
The applicant should coordinate with the Parks and Recreation Director regarding the specific
location of the 15-parking spaces required to be provided for greenbelt access. The revised
landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final
plat.
• The landscape plans and application, date stamped by the City on January 14, 2014 and January
10, 2014, respectively, indicate that there is to be a pump house within this development. The
applicant should be required to provide detailed elevations showing the materials and colors to be
used in the construction of the pump house. The elevation plans should be reviewed and approved
by staff and two members of the Design Review Board prior to the City Clerk signing the final
plat.
• The landscape plans and application, date stamped by the City on January 14, 2014 and January
10, 2014, respectively, indicate that there is an option for a pool and pool house to be located on
the northwestern most lot of this development. The applicant should be required to provide a
design review application to be submitted to the City for review and approval of any proposed pool
and pool house on the northwestern lot of this development. The design review application should
be reviewed and approved by the Design Review Board prior to any building permits being
submitted for said pool or pool house.
• There are several ponds located throughout this development. The landscape plans do not indicate
what is to be planted around the edge of the ponds or how the banks of the ponds are to be planted
or seeded. The applicant should be required to provide a revised landscape plan showing typical
pond planting/seeding plan. 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.
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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 remanded the item to staff. On January 23, 2014,the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0 (McCullough and Martin absent)to approve DR-33-13 for a design review
application to construct the common area landscaping within Renovare Subdivision for Renovare
Development, 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 RZ-24-06 MOD4 and PP-03-12.
2. Provide a revised landscape plan showing the 10-parking spaces, shown to be located at the terminus
of Edgewood Lane, removed from the plan. The applicant shall coordinate with the Parks and
Recreation Director regarding the specific location of the 15-parking spaces required to be provided
for greenbelt access. The revised landscape plan shall be reviewed and approved by staff prior to the
City Clerk signing the final plat.
3. Provide detailed elevations showing the materials and colors to be used in the construction of the pump
house. The elevation plans shall be reviewed and approved by staff and two members of the Design
Review Board prior to the City Clerk signing the final plat.
4. Provide a design review application to be submitted to the City for review and approval of any
proposed pool and pool house on the northwestern lot of this development. The design review
application shall be reviewed and approved by the Design Review Board prior to any building permits
being submitted for said pool or pool house.
5. Provide a revised landscape plan showing typical pond planting/seeding plan. 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.
6. Provide detailed cut sheets showing the style, height, wattage, luminaries, color, etc. of the proposed
street light fixtures. The cut sheets shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
7. A design review sign application shall be submitted for any entry feature and/or signage prior to any
entry features or signage are constructed.
8. All overhead power located on this site, shall be buried and/or removed prior to the City Clerk signing
the final plat.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. Provide a revised landscape plan showing connectivity and the construction materials to be used in the
construction of the greenbelt pathway as recommended by the Eagle Parks and Pathway Development
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Committee. The revised landscape plan shall be reviewed and approved by staff and one member of
the Design Review Board prior to the
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.
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 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 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
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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 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 20, 2013. Supplemental
information for this application was submitted on January 10, 2014, and January 14, 2014.
2. Requests for agencies' reviews were transmitted on June 24, 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-33-13) 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 MU-DA (mixed use with development agreement) zoning district.
DATED this 13th day of February 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
E
Robert Grubb, Chairman ••••••�'��OrF R~ •••••••.
ViOQ'e0 Ark
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ATTEST: •♦c t XL
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Sharon K. Bergmann, Eagle•Ci Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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