Findings - DR - 2014 - DR-31-13 MOD - Construct The Common Area Landscaping In Foxglover Estates Subdivision No 1 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING WITHIN )
FOXGLOVE ESTATES SUBDIVSION NO. 1 )
FOR LINDER 17 INVESTMENTS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-31-13 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 10, 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:
Linder 17 Investment, LLC, represented by John Rennison and Rennison Engineering, is
requesting design review approval to modify the common area landscaping within Foxglove
Estates Subdivision. The 16.31-acre site is located on the west side of North Linder Road
approximately '/-mile north of West State Street on the northwest corner of North Linder Road
and West Saguaro Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 29, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 9, 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 for the
Legacy Planned Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On August 28, 2007, the City Council approved the final development plan and final plat for
Mosca Seca Subdivision Phases No. 1 &No. 2 (FPUD-01-07/FP-01-07/FP-02-07).
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.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
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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 September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 was recorded at the Ada County
Recorder's office.
On February 11, 2014, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 4(FPUD-05-13/FP-14-13).
On November 26, 2013, the City Council approved the conditional use, preliminary development
plan and preliminary plat for Foxglove Estates Subdivision (CU-04-13/PPUD-04-13/PP-06-13).
On January 28, 2014, the City Council approved the conditional use, preliminary development plan
and preliminary plat for Snoqualmie Falls Subdivision No. 5 (CU-08-13/PPUD-07-13/PP-12-13).
On August 8, 2013, the Eagle Design Review Board approved the design review for Foxglove
Estates Subdivision(DR-31-13).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-DA-P(Residential two units per acre Vacant
maximum with a development agreement-PUD)
Proposed No Change No Change Foxglove Subdivision
North of site Residential Two R-2-DA-P(Residential two units per acre Mosca Seca
maximum with a development agreement-PUD) Subdivision No. 1
South of site Residential Two R-2-DA-P(Residential two units per acre North Star Charter
maximum with a development agreement-PUD) School
East of site Residential Three R-3-DA (Residential two units per acre maximum Senora Creek
with a development agreement) Subdivision
West of site Residential Two R-2-DA-P(Residential two units per acre Future phase The
maximum with a development agreement-PUD) Preserve Subdivision
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G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant land located between the North Star
Charter School to the south and Mosca Seca Subdivision to the north. An open ditch runs along
the north and west property lines.
I. SITE DATA:
Total Acreage of Site— 16.31-acres
Total Number of Lots—44
Residential—38
Commercial—0
Industrial—0
Common—6
Total Number of Units -
Single-family—38
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on June 13, 2013, shows a 50-foot wide
common lot located adjacent to North Linder Road. North Linder Road is designated as a
principal arterial roadway. Pursuant to the executed development agreement (Instrument
No. 106161990) a 50-foot wide landscape strip is required adjacent to Linder Road, a
minimum eight foot high berm/wall combination with extensive landscaping per ECC 8-
2A-7 to provide a buffer.
Open Space:
A total of 3.8-acres (23.3%) 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:
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
ponds, 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)—No.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
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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: 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
A. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-32-13) was
approved by the Eagle Design Review Board for the entry signage for Foxglove Estates
Subdivision.
Q. FENCING:
4-foot high black aluminum fencing.
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
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
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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
Settlers Irrigation District
Tesoro Logistics
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)
3.4.4.3.4 All regional pathways dedicated to Eagle shall be a minimum of 20 feet wide and contain
paved pathways of at least 10 feet in width, and all micro-pathways designed for primary use
by the residence of the Property shall be a minimum of 16 feet wide and contain paved
pathways of at least 6 feet in width, with all paved pathways being constructed to Eagle's
pathway standards, as established by Eagle's Park and Pathways Development Committee
and the City Engineer.
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:
3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather Road shall
include a minimum eight foot high berm/wall combination with extensive landscaping
per ECC 8-2A-7 to provide a buffer.
3.18 Applicants shall obtain a license agreement from the lTD and/or the ACHD to allow the
right-of-way between the Property and the edge of pavement along State Highway 16, Palmer
Lane, Linder Road, and Floating Feather Road to be landscaped by the Applicants, if such an
agreement is approved pursuant to the Eagle City Code.
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3.19 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas
and commercial areas shall be consistent with Eagle's Comprehensive Plan and be approved
by Eagle prior to or concurrently with approval of the preliminary plat containing such
pathways and access.
3.20 Except as otherwise expressly provided in this Agreement, the Property can be developed in
accordance with the Eagle City Code in effect on the date this Agreement is recorded,
provided that if the permitted uses for the R(Residential District) are expanded, such
expanded uses shall be allowed under this Agreement.
(Development Agreement Modification Instrument No. 113024773)
3.4.4.1 At least 20% of the Original Property shall be reserved as open space.
3.4.4.2 The Open Space shall include the following:
• 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, perms, and view
corridors); and
• Up to five acres of school site can be included as Open Space.
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.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(E)
4. The minimum acceptable size for deciduous trees shall be two inch (2") caliper,balled and
burlapped.
5. The minimum acceptable size for evergreen trees shall be six feet(6')to seven feet(7')
balled and burlapped.
• Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the transportation and pathway network plan in the
Eagle comprehensive plan:
A minimum of fifty feet (50') 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: five (5) shade
trees, eight (8) evergreen trees, three (3) 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 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.
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D. SUBDIVISION ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-10 Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code Section 9-4-1-6(D)
Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot(20') wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while
allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2') wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the "Design
Guide For Accessible Outdoor Recreation", and the "Guide For The Development Of
Bicycle Facilities", or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-
half inch (1/2") at ninety degrees (90°) from the interior of the panel, spaced six inches
(6") apart. A minimum of nine (9) antilift tabs, three (3) each between the vertical ribs,
shall be integrated into each panel, measuring a minimum of 0.085 inch thickness and
protruding three-eighths inch (3/8") from the panel wall. An integrated joining system
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shall be employed for instant assembly by sliding one panel into the other. An alternative
type barrier system of equal root penetrative resistance may be considered on a case by
case basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention, the following design standards will be followed:
a. The use of "see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
b. Adequate lighting may be provided as determined by Eagle city council and may
be owned and maintained by the city of Eagle once the path is turned over to the
city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to major
public open space that require vehicular parking, the council may request the developer to
designate land to be purchased and maintained by the appropriate public authority for
public parking. Buffering of surrounding residential uses shall be considered in the area
for purchase.
D. DISCUSSION:
• On August 8, 2013, the Eagle Design Review Board approved a design review application for the
common area landscaping within Foxglove Estates Subdivision, a 16.31-acre development with
44-lots (38-buildable and 6-common). The applicant has submitted a design review application
requesting approval to modify the landscaping within Foxglove Estates Subdivision. The
pathways, separated sidewalks,planter strips, and street trees as originally approved within DR-31-
14, will remain the same and comply with Eagle City Code. The applicant is requesting approval
to modify the landscaping within the common area at the northwest corner of Saguaro Canyon
Drive and Racing Water Way, the plant quantities within the buffers adjacent to Linder Road and
Saguaro Canyon Drive, and to include the approval of irrigation/storm drain ponds.
The applicant is proposing to construct a 50-foot wide landscape buffer adjacent to Linder Road
with an 8-foot high landscape berm. Pursuant to Eagle City Code, a minimum of thirty (30) shade
trees, forty eight (48) evergreen trees, eighteen (18) flowering/ornamental trees, and one hundred
and forty four (144) shrubs are required to be planted within the berm along Linder Road. The
landscape plan date stamped by the City on May 29, 2014, shows eighteen (18) shade trees that are
4-inch caliper, thirty three (33) evergreen trees that are 10-feet to 12-feet in height, fourteen (14)
ornamental trees that are 4-inch caliper, and 148 shrubs to be planted within the berm. The plant
quantities do not meet that which is required within Eagle City Code, however, the sizes of the
trees exceed that which is required within code. Eagle City Code requires 2-inch caliper
deciduous and flowering trees and 6-foot to 7-foot evergreen trees. Pursuant to past action by the
Design Review Board and City Council, the quantities of trees have been permitted to be reduced
when larger plant species are being proposed. Staff defers comment regarding the reduced
quantities and increased sizes of plant material proposed within the landscape berm adjacent to
Linder Road to the Design Review Board.
• The landscape plans date stamped by the City on May 29, 2014, show the backside of the berms
proposed along Linder Road and Saguaro Canyon Drive to have a slope of 2:1. Pursuant to Eagle
City Code, the maximum slope for a berm shall be three feet (3') horizontal distance to one foot
(1') vertical distance. The applicant should be required to provide revised landscape plans
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showing the front and backside of the berms along Linder Road and Saguaro Canyon Drive having
a 3:1 slope. The revised landscape plans should be reviewed and approved by staff prior to the
City Clerk signing the final plat.
• The applicant is also requesting approval of an irrigation/storm drain pond that will be constructed
within this development. The irrigation/storm drain pond is being created in order to provide the
necessary irrigation water to the common areas and the residential lots. An irrigation/storm drain
pond is proposed to be constructed when the first phase is being constructed but it will actually be
located in phase two of this development. The landscape plan date stamped by the City on May
29, 2014, shows riparian area, trees, and shrubs to be planted around the perimeter of the
irrigation/storm drain pond, however, it is not specified when these improvements will be
installed. The applicant should be required to indicate when the riparian area, trees and shrubs are
to be planted around the irrigation/storm drain pond.
The applicant is not proposing a pump house but a metal irrigation pump station that looks similar
to an Idaho Power transformer box. The pump station is to be located near the southeast corner of
the irrigation/storm drain pond. The landscape plan does not indicate any landscaping proposed
around the perimeter of the pump station to screen it from view. The applicant should be required
to provide a revised landscape plan showing landscaping around the base of the pump station. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to the City Clerk signing the final plat.
• Staff defers comment regarding the landscape design to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on July 10, 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 6 to 0 (Martin absent) to approve DR-31-13 MOD for a design review
application to construct the common area landscaping within Foxglove Estates Subdivision No. 1
for Linder 17 Investments, LLC, 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 A-09-05, RZ-13-05, RZ-13-05 MOD, RZ-13-05 MOD2,
CU-04-13, PPUD-04-13, and PP-06-13.
2. Comply with any applicable conditions of DR-31-14.
3. Provide revised landscape plans showing the front and backside of the berms along Linder Road and
Saguaro Canyon Drive having a maximum slope of 2.5:1 3:1 slope. The height of the berms may
undulate in order to reduce the slope along the backside of the berms. The revised landscape plans
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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 showing landscaping around the base of the pump station and how
access to the site will be achieved. The revised landscape plan shall be reviewed and approved by
staff and two one members of the Design Review Board prior to the City Clerk signing the final plat.
(Note: the Board prefers a structure to be used for the pump station that would match the architecture
of the homes but will leave it up to the applicant to decide what is used).
5. Provide a revised landscape plan and final development plan showing Lot 21, Block 2 to be min of 16-
feet in width. ECC 9-4-1-6(D)
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The landscape plan, date stamped by the City on May 29, 2014, showing the reduced number of
plantings along Linder Road is approved.
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 May 29, 2014.
2. Requests for agencies' reviews were transmitted on June 9, 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-31-13 MOD) 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 units per acre maximum with a development agreement — PUD)
zoning district.
DATED this 24th day of July 2014.
DESIGN REVIEW BOARD
OF THE C r YO' EAGLE
Ada Cou• , •. (o
Robert Grubshairman tosit It,,,,,
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ATTEST: F.
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vir
Sharon K. Bergmann,Eagle City Cle p ,�'••,,�l�b''�'A'['E%••••••`•
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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