Findings - DR - 2014 - DR-07-14 - Construct The Common Area Landscapng In Snoqualmie Falls Subdivision No 5 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. 5 JUSTIN MARTIN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-07-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 27, 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:
Justin Martin, represented by Jon Breckon with Breckon Land Design, is requesting design review
approval of the common area landscaping within Snoqualmie Falls Subdivision No. 5. The 21.18-
acre site is generally located on the south side of West Floating Feather Road approximately
1,700-feet east of North Palmer Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 16, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 17, 2014, 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-
0l-07/FP-0l-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
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Recorder's office.
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-
01-12/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.
On January 23, 2014, the Eagle Design Review Board approved a design review application for
the common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR-68-13).
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 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. 3)
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 DATA:
Total Acreage of Site—21.18-acres
Total Number of Lots—74
Residential—69
Commercial—0
Industrial—0
Common—5
Total Number of Units-
Single-family—69
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 3.33 (this phase only) 2.2 maximum*
Minimum Lot Size 5,601 5,000 minimum
Minimum Lot Width 54-feet No minimum
Minimum Street Frontage 40.42 35-feet minimum
Total Acreage of Common Area Open Space 4.65 4.15
Percent of Site as Common Area Open Space 22% 20%(Required pursuant
to the executed
development agreement)
*Although this subdivision exceeds the 2.2 maximum allowed density, the combination of all phases of the Legacy
Development shall not exceed 2.2 dwelling units per acre. See page 8 for staff discussion for additional information
on this topic.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on September 17, 2013, shows a 24-foot
wide common lot on the south side of West Signature Drive abutting the Middleton Canal,
and a 55-foot wide common lot on the north side of West Signature Drive. West
Signature Drive is designated as a residential collector within the Legacy development.
Pursuant to the executed development agreement (Instrument No. 106161990) a 35-foot
wide landscape strip is required adjacent to all collector roads on the property, with a
minimum five foot high berm/wall combination with extensive landscaping pursuant to
Eagle City Code 8-2A-7 to provide a buffer.
Open Space:
A total of 4.65-acres (22%) of common area is proposed within the planned unit
development. The common area is a combination of large common lots, linear pathways,
road buffer areas, and street landscape islands. A minimum of 20% open space is required
within the Legacy planned unit development.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide,
except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of the planned unit development. The applicant provided a preliminary
plat, date stamped by the City on September 17, 2013, which contains a plat note
identifying that the interior side lot lines shall have a 5-foot wide easement for public
utilities,property drainage, and pressurized irrigation.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Private or Public Streets:
The preliminary plat, date stamped by the City on September 17, 2013, contains the
following street sections located within this development:
• Internal streets to be a 33-foot wide street section (back of curb to back of curb)
within 60-feet of right-of-way. Each lane will be 16.5-feet wide (measured
centerline to back of curb).
• Entrance street to be two 21-foot wide lanes (back of curb to back of curb) with a
12-foot wide landscape island within 81-feet of right-of-way.
• Collector street to be a 36-foot street section (back of curb to back of curb) within
50-feet of right of way, with seven-feet (7') of the eight-foot (8') wide planter strip
located within the right-of-way. Each lane will be 18-feet wide (measured centerline
to back of curb).
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None.
Cul-de-sac/Knuckle Design:
Four(4)knuckles are proposed for this site:
• DeMarini Street/Fenway Avenue: 73-foot radius inclusive of planter strip. Travel
lane is 37-feet in width from back-of-curb to back-of-curb.
• Fenway Avenue/Belay Street: 73-foot radius inclusive of planter strip. Travel lane is
37-feet in width from back-of-curb to back-of-curb.
• Belay Street/Willowick Avenue: 73-foot radius inclusive of planter strip. Travel
lane is 37-feet in width from back-of-curb to back-of-curb.
• Willowick Avenue/DeMarini Street: 73-foot radius inclusive of planter strip. Travel
lane is 37-feet in width from back-of-curb to back-of-curb.
Sidewalks:
• A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter
strips located within the proposed right-of-way on both sides of all interior public
roadways.
• A 10-foot wide bicycle/pedestrian pathway is proposed to be located on the south
side of West Signature Drive pursuant to the executed development agreement, and
a 5-foot wide detached sidewalk is proposed to be located on the north side of West
Signature Drive,both of which will be located within an easement.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
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the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee shall be provided prior
to final plat approval.
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 along all the streets proposed within this
phase.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the 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. FENCING:N/A
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
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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
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:
Ada County Highway District
Eagle Fire Department
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:
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. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:None
C. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Snoqualmie Falls No. 5, a 21.18-acre development with 74-lots(69-buildable and 5-common)
residential subdivision. Street trees are proposed throughout the development and comply with
that which is required within Eagle City Code. Pursuant to the preliminary development plan and
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preliminary plat approval of Snoqualmie Falls Subdivision No. 5, a 35-foot wide buffer is required
along West Signature Drive. The landscape plan, date stamped by the City on January 16, 2014,
shows a 50-foot wide buffer to be constructed on the north and south sides of West Signature
Drive. This plan shows the 10-foot wide pathway to be located on the south side of the
buffer/berm along the south side of West Signature Drive. The applicant should be required to
provide documentation from the Middleton Mill Ditch Company approving the location of the 10-
foot wide pathway within their easement prior to the City Clerk signing the final plat.
• Staff defers comment regarding the proposed plant material 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 February 27, 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 5 to 0 (McCullough and Martin absent)to approve DR-07-14 for a design review
application to construct the common area landscaping within Snoqualmie Falls Subdivision No. 5
for Justin Martin, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with strike thru to be deleted by the Board and
text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Snoqualmie Falls Subdivision No. 5 (CU-08-13/PPUD-07-
13/PP-12-13).
2. Provide detailed cut sheets showing the size,color, style, etc. of the benches to be used. The detailed
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
5. The rear yard landscaping for lots abutting the lake shall be installed prior to the issuance of a
certificate of occupancy for each dwelling.
6. The revised landscape plan, date stamped by the City on February 27, 2014, showing a lake and tot lot,
no berm adjacent to the Middleton Mill Irrigation Canal, and tree quantities along West Signature
Drive is approved.
7. Provide a revised landscape plan showing the cross section and site plan showing a 5-foot high berm
along West Signature Drive. 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.
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8. Provide a revised Sheet L1.3 of the landscape plan showing all call outs of proposed plant material on
this sheet. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
9. Provide a revised landscape plan indicating the correct contours of the depth of the lake which shall
include a safety bench as required by the City Engineer. 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.
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
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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.
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
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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.
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
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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 January 16, 2014.
2. Requests for agencies' reviews were transmitted on January 17, 2014, 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-07-14) 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.
DATED this 13th day of March 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Chairman
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