Findings - DR - 2014 - DR-26-14 - Common Area Landscaping In Wycliffe Estates Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING WITHIN )
WYCLIFFE ESTATES SUBDIVISION )
FOR NORTHSIDE MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-26-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 12, 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:
Northside Management, represented by Scott Noriyuki, is requesting design review approval of the
common area landscaping within WyCliffee Estates Subdivision. The 14.93-acre site is located in
proximity to the northwest corner of North Echohawk Way and East Mariposa Drive at 2413 East
Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 30, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 7, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 26, 2001,the City Council approved a preliminary plat for Arbor Ridge Subdivision(PP-
10-00)(aka Ringo Ridge Estates Subdivision).
On August 28, 2001,the City Council approved a design review for the common area landscaping
within Arbor Ridge Subdivision Phase I(DR-34-01)(aka Ringo Ridge Estates Subdivision).
On September 18, 2001,the City Council approved a final plat for Ringo Ridge Estates
Subdivision No. 1 (FP-18-01) (formerly Arbor Ridge Subdivision).
On March 18, 2005,the City Council approved a final plat for Ringo Ridge Estates Subdivision
No. 2 (FP-09-04).
On June 28, 2005,the City Council approved the design review application for the common area
landscaping within Ringo Ridge Subdivision No. 2 (DR-47-05).
On December 13, 2005,the City Council approved the"Ringo Ridge Subdivision Agreement"
between the City and P.O. Ventures,Inc. The agreement outlined the terms and conditions
required for the completion of phase II.
On June 27, 2006,the City Council executed an"Amendment to the Ringo Ridge Subdivision
Agreement". The amendment, in part, extended the completion of improvements deadline to
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August 15, 2006.
On March 13, 2007,the City Council approved the"Memorandum of Agreement RE: Cash
Deposit As Security For Performance"between the City and P.O. Ventures, Inc.
On July 24, 2007,the City Council approved the final plat for Ringo Ridge Estates No. 3 (FP-09-
06).
On July 8, 2008,the City Council approved an extension of time for the Arbor Ridge Subdivision
(aka Ringo Ridge Estates Subdivision)preliminary plat to be valid until July 24, 2009 (EXT-08-
08).
On February 9, 2010,the City Council approved an extension of time for Arbor Ridge Subdivision
(aka Ringo Ridge Estates Subdivision)preliminary plat to be valid until July 24, 2010(EXT-09-
09).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three R-3 (Residential up to three Vacant parcels
units per acre)
Proposed No Change No Change Single-Family,Residential
Planned Unit Development
North of site Residential Three and RUT(Residential Urban Single-family residence
Residential Four Transitional—Ada County and Echohawk Estates
designation)and R-4 Subdivision No. 4
(Residential up to four units
per acre)
South of site Residential Three R-3 (Residential up to three Ringo Ridge Estates
units per acre) Subdivisions No. 1 and No.
3
East of site Residential Four and R-4 (Residential up to four Echohawk Estates
Business Park units per acre) and BP Subdivision No. 4, State
(Business Park) Highway 55 and a vacant
parcel
West of site Residential Three RUT(Rural Urban Transition Vacant parcel/farm ground
—Ada County designation)
and R-3 (Residential up to
three units per acre)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The property is vacant farm land.
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I. SITE DESIGN INFORMATION:
Total Acreage of Site— 14.93-acres
Total Number of Lots—48
Residential—42
Commercial—0
Industrial—0
Common—6
Total Number of Units-
Single-family—42
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.81-units per acre Up to three units per acre
Minimum Lot Size 8,003-square feet 10,000-square feet
(Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development is applied for and
approved-per ECC Section 8-6-5-5
[A]).
Minimum Lot Width 75-feet 75-feet
Minimum Street Frontage 36-feet 35-feet
Total Acreage of Common 3.92-acres 2.99-acres(minimum)
Area Open Space
Percent of Site as Common 26.3% 20% (minimum)
Area Open Space
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on December 26, 2013, shows a 75-foot wide
common lot located adjacent to State Highway 55. State Highway 55 is designated as a principal
arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c) a 75-foot wide landscape strip is
required adjacent to principal arterials to be buffered from streets, classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially dangerous,
high speed roads.
Open Space:
The proposed development includes 3.92-acres (inclusive of planter strips) (26.3%) of common
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area. The common areas consist of the required buffer area located adjacent to State Highway 55, a
centralized park area, and three (3) pathway areas. The Development Features map, date stamped
by the City on December 26, 2013, shows the park area consisting of a soccer/football/baseball
open field, trellis/seating area, bbq, and two (2) regulation horseshoe pits. The map also shows
pathways located throughout the open space lots of the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—unknown
The submitted preliminary plat application, date stamped by the City on December 26, 2013,
indicated that the existing site characteristics are vacant land, however the preliminary plat shows
three (3) structures located in proximity to the northwest corner of the property. The Ada County
Assessor's office land records website identifies a residence located on the property. In the event
the residence is served by a septic system the applicant will be required to obtain the proper
permits and abandon the septic system prior to the City Clerk signing the final plat.
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. 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: Street trees are proposed throughout the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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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:
4-foot and 6-foot high almond vinyl fencing.
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.
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-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life -no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
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Eagle Fire Department
United Water Idaho
W. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential Three
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 3 units per 1 acre.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision, 3) planting details within the required buffer area
located adjacent to State Highway 55, 4) building elevations for all proposed common area
structures 5) landscape screening details of the irrigation pump house, 6)useable amenities such as
picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities,
7) proposed fencing to be located adjacent to the common areas and on the required buffer area
adjacent to State Highway 55, and 8) a six-foot (6') high vinyl fence to be located adjacent to the
Glubay property with the fence color to be approved by the applicant and the owner(Glubay). The
design review application shall be reviewed and approved by the Design Review Board prior to the
submittal of a final plat application.
• The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A
temporary occupancy may be issued if weather does not permit landscaping however, a surety in
accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all
landscape and irrigation improvements shall be provided to the City.
• Provide a revised preliminary plat landscape plan, showing all fencing located adjacent to a
common area to be open style fencing,prior to submitting a design review application.
• Provide a revised preliminary plat landscape plan showing the pedestrian pathways located within
the common lots to be a minimum of six-feet(6') in width. The revised preliminary plat landscape
plan shall be provided prior to submitting a design review application.
• The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to the City Clerk signing the final
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plat.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH 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: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
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 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.
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.
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.
D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J)(4)(c)
Any road designated as a principal arterial on the transportation and pathway network plan in the
Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)shall be
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provided with the following plants per one hundred(100)linear feet of right of way: six(6)shade
trees,ten(10)evergreen trees, four(4)flowering/ornamental trees, and twenty four(24)shrubs.
Each required shade tree may be substituted with two(2)flowering/ornamental trees,provided
that not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high, maximum twelve foot(12')high,berm, decorative block wall,
cultured stone, decorative rock,or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area.The maximum slope for any berm shall be three feet(3')
horizontal distance to one foot(1')vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with the
berm, a four foot(4')wide flat area shall be provided for the placement of the decorative wall.
Chainlink,cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(M)
M. Parkway Strips, Separated Sidewalks, And Street Trees:
3. Within residential developments one shade class(class II)tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all
streets within the eight foot(8')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.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
WyCliffe Subdivision, a 14.93-acre development with 48-lots (42-buildable and 6-common).
Pursuant to Eagle City Code, a 75-foot wide buffer is required adjacent to State Highway 55 with a
10-foot high,berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof. The landscape plan, date stamped by the City on April 30,
2014, shows a 75-foot wide buffer to be constructed adjacent to State Highway 55 with a 4-foot to
6-foot high berm with a 6-foot high almond colored vinyl fence on top of the berm. Vinyl fencing
is not permitted within the required buffer area adjacent to a principle arterial. The applicant
should be required to provide a revised landscape plan showing a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall within the buffer area adjacent to State
Highway 55. The revised landscape plan should be reviewed and approved by staff and two(2)
members of the Design Review Board prior to the City Clerk signing the final plat.
• Pursuant to the approval of the preliminary plat for this development,the pedestrian pathways
located within the common lots are required to be a minimum of 6-feet in width. The landscape
plans, date stamped by the City on April 30, 2014, show the pedestrian pathways to be 5-feet wide.
The applicant should be required to provide revised landscape plans showing all pedestrian
pathways within the common lots to be a minimum of 6-feet in width. The revised landscape
plans should be reviewed and approved by staff prior to the City Clerk signing the final plat.
• Pursuant to the approval of the preliminary plat for this development, all fencing located adjacent
to common areas is required to be open style fencing. The landscape plans,date stamped by the
City on April 30, 2014, indicate a 4-foot high solid almond vinyl fence is proposed adjacent to
common areas. The applicant should be required to provide revised landscape plans showing open
style fencing to be located adjacent to common areas. Provide detailed cut sheets showing the
style,height, color, etc. of the open style fencing to be used. The revised landscape plans and
detailed cut sheets 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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• Street trees are proposed throughout the development and comply with that which is required
within Eagle City Code,with the exception of several areas that would conflict with ACHD storm
drain facilities. Pursuant to past action,the applicant should be required to locate the street trees,
which due to ACRD storm drain facilities have been removed from the planter strip,behind the
separated sidewalk of each lot on the side property lines. The applicant should be required to
provide a revised landscape plans showing the street trees located behind the sidewalk on the side
property lines,where the ACHD storm drain facilities prohibit the trees from being located within
the planter strip. The revised landscape plan should be reviewed and approved by staff prior the
City Clerk signing the final plat.
• The landscape plan, date stamped by the City on April 30, 2014, calls out a few plants to be
planted within this development that are not indicated on the plant schedule(i.e.: FA and CS).
The applicant should be required to provide a revised landscape plan showing all plants proposed
to be planted with this development to be indicated within the plant schedule. The revised
landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final
plat.
• Staff defers comment regarding the design of the pergolas and the proposed landscaping 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 June 12, 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 (Martin and Hash absent)to approve DR-26-14 for a design review
application to construct the common area landscaping within Wycliffe Estates Subdivision for
Northside Management, with the following staff recommended site specific conditions of approval
and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of WyCliffe Subdivision(CU-09-13/PPUD-08-13/PP-15-13).
2. Provide a revised landscape plan showing a decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall within the buffer area adjacent to State Highway 55. The revised
landscape plan shall be reviewed and approved by staff and two(2)members of the Design Review
Board prior to the City Clerk signing the final plat.
3. Provide revised landscape plans showing all pedestrian pathways within the common lots to be a
minimum of 6-feet in width. The revised landscape plans shall be reviewed and approved by staff
prior to the City Clerk signing the final plat.
4. Provide revised landscape plans showing open style fencing to be located adjacent to common areas.
Provide detailed cut sheets showing the style, height, color, etc. of the open style fencing to be used.
The revised landscape plans and detailed cut sheets shall be reviewed and approved by staff and two
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members of the Design Review Board prior to the City Clerk signing the final plat.
5. Provide a revised landscape plans showing the street trees located behind the sidewalk on the side
property lines, where the ACHD storm drain facilities prohibit the trees from being located within the
planter strip. The revised landscape plan shall be reviewed and approved by staff prior the City Clerk
signing the final plat.
6. Provide a revised landscape plan showing all plants proposed to be planted with this development to
be indicated within the plant schedule. The revised landscape plan shall be reviewed and approved by
staff prior to the City Clerk signing the final plat.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed within this development.
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
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runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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
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gallons per minute for non-residential uses(i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
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
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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 April 30, 2014.
2. Requests for agencies' reviews were transmitted on May 7, 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-26-06) 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-3 (residential up to three units per acre)zoning district.
DATED this 26th day of June 2014.
DESIGN REVIEW BOARD
OF THE CI OF EAGLE
Ada Coun►,, daho
'o.e Grubb, Chairman woe,,,,,,,,,
4,04:1 1 OF F
ATTEST: �* GpRPOR��
SEAL
•
Sharon . Bergmann, Eagle City C erk •.,'9 •.;o ap •.••
•••,.OF ID t" 0"
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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