Findings - DR - 2020 - DR-11-20 - Hollyhock Estates Sub - Hollyhock Estates Sub Landscape BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN HOLLYHOCK )
ESTATES SUBDIVISION FOR MADDYN )
HOMES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-11-20
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 28,2020. 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:
Maddyn Homes, LLC, represented by Kyle Enzler, is requesting design review approval for the
common area landscaping within Hollyhock Estates Subdivision. The 6.72-acre site is located on the
east side of North Lanewood Road approximately 770-feet north of the intersection of West Floating
Feather Road and North Lanewood Road at 2220 North Lanewood Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 6, 2020. Revised information
(landscape plan)was received by the City of Eagle on May 13, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 12, 2020, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 22, 2019, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-2-DA (Residential with a development agreement), and
preliminary plat for Hollyhock Estates Subdivision(A-05-18/RZ-08-18 &PP-07-18).
E. COMPANION APPLICATIONS:None.
F. LAND USE DESIGNATION: Single-family dwelling,permitted pursuant to Eagle City Code Section
8-2-3.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-2-DA(Residential with a Single-family residential
Residential development agreement)
Proposed No Change No Change Residential Subdivision
North of site Neighborhood R-3-DA-P(Residential with a Proposed Lanewood
Residential development agreement— Subdivision
PUD)
South of site Neighborhood R-3-DA-P(Residential with a Single-family residential
Residential development agreement— subdivision(Lanewood
PUD) Subdivision No. 3)
East of site Neighborhood R-3-DA-P(Residential with a Vacant parcel(Proposed
Residential development agreement— Lanewood Subdivision)
PUD)
West of site Neighborhood R-3-DA-P(Residential with a Lilac Springs Subdivision
Residential development agreement—
PUD)
H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
I. URBAN RENEWAL DISTRICT:No.
J. EXISTING SITE CHARACTERISTICS:
The site has an existing house and accessory structures that will be removed. The site also has existing
trees that the applicant is proposing to remove.
K. SITE DATA:
Total Acreage of Site—6.72-acres
Total Number of Lots—8
Residential—7
Commercial—0
Industrial—0
Common— 1
Total Number of Units—7
Single-family—7
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 1.4-acres(20.8%)of open space is proposed within the development.The open space consists
of a common area with a gazebo located at the southwest corner of the property,the buffer area located
adjacent to North Lanewood Road, cul-de-sac landscape island, and the required landscape planter
strips.
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Landscape Screening:
The applicant will be required to construct the required landscape buffer located adjacent to North
Lanewood Road.
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)—Yes—the existing house is served by a septic system.
Pressurized Irrigation:
The applicant provided a Pressure Urban Irrigation System(PUIS)report, date stamped by the City on
September 26,2018,which indicates the property will be served by the New Dry Creek Ditch Company
irrigation water.
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence. Eagle City Code Section
9-3-8 (B) states that existing natural features which add value to residential development and enhance
the attractiveness of the community(such as trees,watercourses,historic spots and similar irreplaceable
assets) shall be preserved in the design of the subdivision.
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.
M. BUILDING DESIGN FEATURES: N/A
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N LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are twelve existing trees on the site that
the applicant is proposing to remove. Below is a list of all existing trees proposed to be removed
identified on the tree removal plan, date stamped by the City on February 6,2020.
Tree Specie 1 Caliper/Height 1 Condition Replacement
Inches/Feet per
ECC
Pinus Flexilis 40-feet tall Healthy/Mitigation required ' 40-feet
per Eagle City Code
Ash 24" Diseased 0"
Elm (2) 30" Diseased 0"
18" Dutch Elm Disease
Ponderosa Pines(2) 25' Top 1/3 of tree removed 0'
previously
Honey Locust 18" Dead 0"
Siouxland Poplar 25' Clump trash tree 0"
Maple 18" Dead 0"
Silver Leaf Maple 18" Trash Tree 0"
Ash 18" Diseased 0"
24" Diseased
Total caliper inches/feet of trees required to be replaced on site 40'
II Total caliper inches proposed for mitigation 40'
Tree Replacement Calculations: The applicant is proposing to remove twelve existing trees on the site.
One tree (Pinus Flexilis) requires mitigation. The required mitigation is 40-feet. The applicant is
proposing to increase the size of the conifer trees within Lot 4, Block 1, to 8-feet tall. There are 41
conifer trees within Lot 4, Block 1, totaling 40-feet of additional height. No additional mitigation is
required.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along Golden Crown Court.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:
A streetlight plan showing location,height,and wattage is required to be reviewed and approved by
the Zoning Administrator prior to issuance of any building permits.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
S. 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.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees — Yes — Located at the northwest corner of the property in proximity to the existing
house and accessory structures.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—Yes—Drainage ditch located adjacent to the eastern and southern property lines
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—No
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Eagle Parks, Pathways, and Recreation
U.S.Army Corps of Engineers
Y. LETTERS FROM THE PUBLIC:None received to date.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
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B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.5 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the proposed and required landscape islands, 3) landscape
screening details of the irrigation pump house (if proposed), 4) all proposed fencing throughout
the development, and 5) street lights. The design review application shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of a final plat application.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. 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. Fences in front yard areas shall be open style and a maximum of four-feet(4')
in height.A fence permit is required prior to construction of a fence in any of these locations.
18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction)to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
19. 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. Any and all drainage swales and/or seepage beds shall be placed so as to not
interfere with the required placement of street trees. Prior to the City Clerk signing the final plat
the applicant shall either install the required trees, sod, and irrigation or provide the City with a
letter of credit for 150%of the cost of the installation of all landscape and irrigation improvements.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety
may be permitted for any portion of the development that is completed, including street trees that
have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to,new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions,proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing,exterior restoration, and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(B):
Architectural Requirements,Building Materials, Fence And Deck/Patio Materials, Colors,And
Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,materials
listed in this section are allowed. If a material proposed for construction is not listed in this
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section it shall be upon the discretion of the zoning administrator,the design review board, and
the city council, whichever the case may be,to determine the appropriateness of such material.
1. Exterior walls and soffits:
a. Wood: cedar(clear) and redwood(clear)-architectural/premium grade. Log siding,wood
shingle are permitted for accent only,twenty five percent(25%)maximum wall coverage
(per each facade);
Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.
b. Fiber cement;
c. Masonite: horizontal lap only,maximum six inch(6")reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g. Masonry: brick, natural rock/stone, synthetic stone,decorative block. Smooth face block
for accent only,ten percent(10%)maximum wall coverage(per each facade);
h. Stucco: Twenty five percent(25%)planer change required, additional accents shall be
incorporated through the use of other material(s);
i. EIFS: Permitted for accent only,ten percent(10%)maximum wall coverage(per each
facade). Additional accents required through the use of other materials;
j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils,
shutters, dormers, cupolas, columns;
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have
a silicon polyester finish or equivalent, and shall include special design treatments to
enhance its appearance. These treatments may include brick or masonry wainscot
treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the face
of the building oriented toward the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant
shows that the metal is architecturally compatible with surrounding buildings; is
architecturally compatible with other nonmetal buildings in the city; and is attractively
landscaped, designed, and situated,to eliminate the stark utilitarian look intended to be
prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B1k,metal siding shall
be prohibited in the DDA, TDA, CEDA design review overlay district areas.
2. Roofs:
a. Wood shakes/shingles: premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitious, clay;
d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners required);
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Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
f. Flat roof specification: single ply, built up(both nonreflective).
• Eagle City Code Section 8-2A-7(J)(4):
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners'association.Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway(measured at the centerline)to the top of the proposed benning/fencing.
The required buffer area width, plantings, and fencing are as follows:
a. Any road designated as collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100) linear feet of right of way: four
(4) shade trees, five(5)evergreen trees, and twenty four(24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees,provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm,decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided in combination with the berm, a four foot(4')wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(J)(5):
5. Common Area Landscapes:New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand(1,000)square feet.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Hollyhock Estates Subdivision, an 8-lot(7-buildable, 1-common)residential subdivision. The
common area consists of a buffer along North Lanewood Road and an open area with trees and
two benches. While the subdivision takes access from West Venetian Drive, it does not front
West Venetian Drive. There is a 25-foot wide common lot associated with Lanewood Church
Subdivision located between West Venetian Drive and the north property line of the
development. Staff defers comment regarding the common area landscaping to the Design
Review Board.
• The landscape plan identifies the location of a pump station at the northwest corner of the
subdivision where landscaping is shown. In addition, building elevations provided for the pump
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station do not show the height or provide the materials and colors proposed. The applicant should
be required to provide a revised landscape plan showing the location of the pump station with the
landscaping around it. Provide revised building elevations showing the height,materials and
colors of the pump station. The revised landscape plan and building elevations should be
reviewed and approved by staff and one member of the Design Review Board prior to issuance of
a zoning certificate.
• The landscape plan shows a landscape buffer along North Lanewood Road that includes an 8-foot
wide landscape strip, 5-foot wide sidewalk, and 30-foot wide landscape buffer with a 5-foot tall
berm. The last 5-feet of the berm is located within the individual lots. Pursuant to Eagle City
Code Section 8-2A-7(J)(4)(a),the landscape buffer is required to be located within a common lot.
The applicant should be required to provide a revised landscape plan showing the 30-foot wide
buffer area and a 5-foot tall berm located entirely within the common lot(Lot 4, Block 1).The
revised landscape plan should be reviewed and approved by staff prior to approval of the final
plat application.
• The landscape plan shows 10 trees(4-deciduous and 6-conifer)within the common area(Lot 4,
Block 1), located south of the buildable lots. The common area(not including the berm adjacent
to North Lanewood Road or the 50-foot wide drainage district easement), is approximately
14,450-square feet. Pursuant to Eagle City Code Section 8-2A-7(J)(5), one deciduous shade tree
is required per 1,000-square feet of common area. The applicant should be required to provide a
revised landscape plan showing the addition of 5 deciduous trees within the common area(Lot 4,
Block 1), located south of the buildable lots. The revised landscape plan should be reviewed and
approved by staff and one member of the Design Review Board prior to approval of the final plat
application.
• The landscape plan identifies two benches within the common area(Lot 4, Block 1), located
south of the buildable lots,but a detail of the benches was not submitted. The applicant should be
required to provide a detail of the benches showing the style, color, etc.to be located in the
common area(Lot 4, Block 1), located south of the buildable lots. The applicant should also be
required to provide a revised landscape plan showing concrete pads where the benches will be
installed at. The revised landscape plan and detail of the benches should be reviewed and
approved by staff and one member of the Design Review Board prior to approval of the final plat
application.
• The landscape plan has a street tree shown in the common area that includes a note that states
"tree and perennial planter to be installed by homeowner."Trees located within the common area
are required to be installed by the developer. The applicant should be required to provide a
revised landscape plan removing the note associated with the street tree located within the
common area. The revised landscape plan should be reviewed and approved by staff prior to
approval of the final plat application.
• The landscape plan does not identify the location of streetlights. The applicant should be required
to provide a revised landscape plan showing the location of the proposed streetlights, including at
the end of the cul-de-sac and the entrance to the subdivision off of West Venetian Drive. The
revised landscape plan should be reviewed and approved by staff prior to approval of the final
plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 May 28, 2020, at
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which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION: (Granicus time 18:34)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping.
• The Board is in favor of the proposed tree mitigation as submitted by the applicant.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR-11-20 for a design review application for the
common area landscaping within Hollyhock Estates Subdivision for Maddyn Homes,LLC,with the
following staff recommended site specific conditions of approval and standard conditions of approval
with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-05-18/RZ-08-18 and PP-07-18.
2. Provide a revised landscape plan showing the location of the pump station with the landscaping
around it. Provide revised building elevations showing the height,materials and colors of the pump
station. The revised landscape plan and building elevations shall be reviewed and approved by staff
and one member of the Design Review Board prior to issuance of a zoning certificate.
3. Provide a revised landscape plan showing the 30-foot wide buffer area and a 5-foot tall berm located
entirely within the common lot(Lot 4, Block 1). This can be achieved by increasing the slope of the
berm (not to exceed 2:1) if sod is not proposed on the berm or provide an easement, for the 5-feet of
buffer area shown to be located within the buildable lots. If a 5-foot wide easement is provided on the
buildable lots. fencing shall be restricted within the 5-foot wide easement and access shall be
provided to the utilities within the easement area. The revised landscape plan shall be reviewed and
approved by staff prior to approval of the final plat application.
4. Provide a revised landscape plan showing the addition of 5 deciduous trees within the common area
(Lot 4,Block 1), located south of the buildable lots. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to approval of the final plat
application.
5. Provide a detail of the benches showing the style, color, etc.to be located in the common area(Lot 4,
Block 1), located south of the buildable lots. Provide a revised landscape plan showing concrete pads
where the benches will be installed at. The revised landscape plan and detail of the benches shall be
reviewed and approved by staff and one member of the Design Review Board prior to approval of the
final plat application.
6. Provide a revised landscape plan removing the note associated with the street tree located within the
common area. The revised landscape plan shall be reviewed and approved by staff prior to approval
of the final plat application.
7. Provide a revised landscape plan showing the location of the proposed streetlights, including at the
end of the cul-de-sac and the entrance to the subdivision off of West Venetian Drive. The revised
landscape plan shall be reviewed and approved by staff prior to approval of the final plat application.
8. All ground mounted transformers, cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
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9. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application and none are 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 and 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
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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 issuance of any 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 be inspected in accordance with all agencies having jurisdiction, and shall be verified in
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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
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code(one year from approval date).
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-11-20) 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.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 2nd day of June 2020.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou ,Idaho
Craig Brasher, Chairman •,s■,,'""+++,•,.,,
r
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—21,-_,::: ci--1,-,-.4--„,,
‘-'6) S aron K. Bergmann, Eagle City Clerk .� •
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