Findings - DR - 2014 - DR-68-13 - Construct The Common Area Landscaping In Snoqualmie Falls Subdivision No4 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
THE COMMON AREA LANDSCAPING )
WITHIN SNOQUALMIE FALLS SUBDIVISION )
NO. 4 FOR CLOUD BERRY LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-68-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 9, 2014. 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:
Cloud Berry, LLC, represented by Jon Breckon, with Breckon Land Design, is requesting design
review approval of the common area landscaping within Snoqualmie Falls Subdivision No. 4. The
48.04-acre site is generally located south of Floating Feather Road, west of Linder Road at the
terminus of West Signature Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 26, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 12, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat (A-09-
05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community.
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-
01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits(RZ-13-05 MOD)to the development agreement to provide a
time schedule for the build-out of the Academy Core area located within Mosca Seca Subdivision
(located within the Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 2) within the development agreement to
address the percentage of allowable second story square footage in relationship to the first floor for
homes located on lots less than 8,000-square feet in size, the provisions of private roads,
construction flooring material for attached single-family dwellings, and the Memorandum of
Agreement regarding the on-site municipal water system.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
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On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2010.
On November 9, 2010, the City Council approved an extension of time (EXT-07-10) for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2011.
On September 13, 2011, the City Council approved an extension of time (EXT-06-11) for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the
allowed density, modify the open space by removing the requirement to construct the sports
academies, and address the condition of development regarding a school site.
On August 14, 2012, the City Council approved the final development plan and final plat FPUD-
0l-12/FP-01-12, for Snoqualmie Falls Subdivision No. 1.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office.
On January 8, 2013, the City Council approved the final development plan and final plat FPUD-
02-12/FP-04-12, for Snoqualmie Falls Subdivision No. 2.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 11, 2013, the City Council approved the final development plan and final plat FPUD-02-
13/FP-06-13, for Snoqualmie Falls Subdivision No. 3.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to R-2-DA-P(Residential Agricultural
two units/acre) maximum two units/acre with
a development agreement and
a planned unit development)
Proposed No Change No Change Single-Family, Residential
Planned Unit Development
North of site Residential Two (up to R-2-DA-P(Residential Legacy Development
two units/acre) maximum two units/acre with (Mosca Seca Subdivision
a development agreement and and Snoqualmie Falls
a planned unit development) Subdivision No. 2)
South of site Residential Two(up to R-2-DA-P(Residential Legacy Development
two units/acre) maximum two units/acre with (Mosca Seca Subdivision)
a development agreement and
a planned unit development)
East of site Residential Two(up to R-2-DA-P(Residential Legacy Development
two units/acre) maximum two units/acre with (Mosca Seca Subdivision)
a development agreement and
a planned unit development)
West of site Residential Two(up to R-2-DA(Residential Agricultural
two units/acre) maximum two units/acre with
a development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant land located at the terminus of Signature
Drive east of Mosca Seca Subdivision No. 2 to the southwest. The Middleton Mill Canal borders
the south property line.
I. SITE DESIGN INFORMATION:
Total Acreage of Site—48.04-acres
Total Number of Lots—55
Residential—43
Commercial—0
Industrial—0
Common— 12
Total Number of Units-
Single-family—43
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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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 no existing trees.
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 at each lot corner.
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:None proposed.
R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from 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 -no
Riparian Vegetation -no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
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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:
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
United Water 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:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Original Development Agreement Instrument No. 106161990)
3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16,
Linder Road, Floating Feather Road, and the east/west collector and Palmer Lane, which
landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally
depicted on Exhibit I attached hereto and incorporated herein and in Eagle's
Comprehensive Plan. The landscaping, including street trees and pathways, shall be
reviewed and approved as required by the applicable provisions in the Eagle City Code
and as set forth below:
3.11.3 A 35-foot wide landscape strip along all collector roads on the Property, including
Palmer Lane, shall include a minimum five foot high berm/wall combination with
extensive landscaping per ECC 8-2A-7 to provide a buffer.
(DA Modification Instrument No. 113024773)
3.4.4 Open Space
3.4.4.1 At least 20% of the Original Property shall be reserved as open
space. The application for any preliminary plat shall contain, in
addition to all requirements of the Eagle City Code, a land use
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summary that demonstrates that the number of acres of existing
open space, together with the number of acres of open space in
the submitted preliminary plat application maintains the
minimum 20% open space requirement, pursuant to Eagle City
Code.
3.4.4.2 The Open Space shall include the following:
• Ten acres of community park land;
• At least one tot lot for each phase depicted on Exhibit A
hereto;
• Regional trails connecting through the Property, from east to
west and north to south;
• Both Active and Passive Open Space. A minimum of 60%of
the Open Space shall be Active Open Space. Active Open
Space shall be defined as areas that provide gathering area for
active recreation (e.g. recreational spaces, open fields,
swimming pools, tot lots and trails). Passive Open Space
shall be defined as neighborhood areas that provide a
combination of linear open space and scenic features (e.g.
ponds, berms and view corridors); and
3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect
at the time of the preliminary plat application including such area.
3.4.4.2.2 All Open Space with the exception of that included within school
sites shall be maintained by Legacy Community Association, Inc.,
any successor homeowners or neighborhood associations, or any
recreational association established to maintain a particular open
space for recreational use, all as more particularly set forth in the
Community Charter for Legacy, Instrument No. 108048693,
records Ada County, Idaho, and/or the Declaration of
Recreational Covenant, Instrument No. 108048694, and any
modifications thereto.
3.4.4.2.3 A public easement for a greenbelt pathway connecting north to
south and east to west through the Property shall be dedicated to
Eagle. The specific location, easement language, design, and
construction plans of the pathway shall be approved by the Eagle
City Council prior to the City Engineer signing the final plat for
the Property.
3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a
minimum 20-foot wide easement and contain paved pathways of
at least 10-feet in width, and all micro-pathways designed for
primary use by the residences of the Property shall be located
within a minimum 16-foot wide easement and contain paved
pathways of at least 6-feet in width, with all paved pathways
being constructed to Eagle's pathway standards_
3.4.4.3 All open space areas are subject to Eagle's design review process
and standards set forth in Eagle City Code Section 8-2A and
Section 9-4-1-6 (D)Pathway Design.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35') wide buffer area(not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3') horizontal distance to one foot(1')vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping and street
trees within Snoqualmie Falls Subdivision No.4, a 55-lot (43 buildable and 13 common)
residential subdivision. Lot 20, Block 6 was previously reviewed and approved as part of Mosca
Seca Subdivision No. 1.
• Per the recorded development agreement(Instrument#106161990), item#3.11.3, the required 35-
foot wide landscape strip along the collector road shall include a minimum five foot high
berm/wall. The landscape plans do not provide a detail for a berm and/or wall. Therefore, the
applicant should be required to provide revised landscape plans providing a detail showing a
minimum five foot (5') high berm/wall combination along both sides of Signature Drive. The
revised landscape plan should be reviewed and approved by staff& two members of the Design
Review Board prior to the City Clerk signing the final plat.
• Per the recorded Development Agreement(Instrument#113024773), the open space shall provide
at least one tot lot for each phase. The landscape plan provided does not show a tot lot. Therefore,
the applicant should be required to provide a tot lot. The revised landscape plan should be
reviewed and approved by staff& 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 January 9, 2014, 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 3 to 0 (McCullough, Grubb, Hull, and Hash absent)to approve DR-68-13 for a
design review application to construct the common area landscaping within Snoqualmie Falls
Subdivision No. 4 for Clough Berry,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 A-09-05, RZ-13-05, RZ-13-05 MOD, RZ-13-05 MOD2,
CU-12-05,PPUD-13-05, PP-01-06, and DR-64-06.
2. Provide a revised landscape plan providing a detail showing a minimum five foot (5') high berm/wall
combination located along Signature Drive abutting the site per the development agreement
(Inst#106161990). 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. Provide a revised landscape plan showing a tot lot per the Development Agreement associated with
this development (Inst #113024773), with detailed cut sheets showing the play structure. The revised
landscape plan with detailed play structure sheets 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 revised landscape plan correcting the street name from Nordic Drive to Signature Drive on
all sheets.
5. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
6. Provide a revised landscape plan providing a note on the plan indicating the southernmost tree on the
west side of North Arena Drive is to be planted once the temporary cul-de-sac is no longer needed.
The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
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.
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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
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,
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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
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
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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 November 26, 2013.
2. Requests for agencies' reviews were transmitted on December 12, 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-68-13) 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-2-DA-P (residential two with development agreement PUD)zoning district.
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DATED this 23rd day of January 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou ty. I•. o
Robert Grubb, Chairman •'•.•ss,�'� N '•,,%
,-QURgrL
ATTEST: • * 4111." * `
SEAL
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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K:\Planning Dept\Eagle Applications\Dr\2013\DR-68-13 Snoqualmie Falls No,4 drf.doc