Findings - DR - 2014 - DR-31-14 - Common Area Landscaping In Alderwood Village No 2 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN ALDERWOOD )
VILLAGE NO. 2 FOR KENT FREITAG )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-31-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 14, 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:
Kent Freitag, represented by Dave Yorgason with Tall Timber Consulting, is requesting design
review approval of the common area landscaping within Alderwood Village No. 2. The 4.7-acre
site is located on the south side of West State Street approximately 400-feet west of North
Grandean Way at 947 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 1, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 2, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 10, 2006, the City Council approved a conditional use, preliminary development plan,
and preliminary plat for Eudora Estates Subdivision (a.k.a. Alderwood No. 2) (CU-02-06/PPUD-
01-06/PP-08-06).
On February 12, 2008, the City Council approved an extension of time for the preliminary plat for
Alderwood Subdivision No. 2 to be valid until October 10, 2008.
On July 7, 2014, the Eagle Planning and Zoning Commission approved a conditional use,
preliminary development plan, and preliminary plat for Alderwood Village No. 2 (CU-02-
13/PPUD-02-13/PP-04-13).
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four(4 units R-4(Residential-up to 4 units Residence/pasture
per acre maximum) per acre)
Proposed No Change No Change Single-family residential
subdivision
North of site Residential Four(4 units R-4(Residential-up to 4 units Single-family residential
per acre maximum) per acre)
South of site Public/Semi-Public R-4 (Residential-up to 4 units Alderwood Village/PUD
per acre) and State Highway 44
East of site Residential Four(4 units R-4 (Residential-up to 4 units Alderwood Village/PUD
per acre maximum) per acre)
West of site Residential Four(4 units R-4(Residential-up to 4 units Residence and Eagle
per acre maximum) per acre) Nazarene Church
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site—4.7-acres
Total Number of Lots— 18
Residential— 15
Commercial—0
Industrial—0
Common—3
Total Number of Units-
Single-family— 15
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on May 22, 2014, does not show the
required buffering area located adjacent to State Highway 44. 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 protect residential communities from noisy, potentially dangerous, high speed
roads.
Open Space:
The proposed development includes 1.65-acres (not inclusive of planter strips) (35.1%) of
common area. The common areas consist of a 1.29-acre area located adjacent to State
Highway 44, two (2) lots located on each side of the entrance into the subdivision. The
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two (2) common lots located at the entrance to the subdivision contain either a five-foot
(5')wide detached sidewalk or a pathway.
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,
except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of the planned unit development.
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 home is served by a septic system. The applicant is proposing to abandon the
existing septic system and connect the home to the central sewer system.
Preservation of Existing Natural Features:
The existing pond is a wetland and will be required to be preserved it its current state.
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.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:N/A
Height and Number of Stories of Proposed Buildings:N/A
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is an existing dwelling unit that is to
be retained with the construction of this development. There are numerous trees located in
proximity to the existing dwelling unit that are to be retained. There are a couple trees located on
the eastern property line near West State Street that are to be retained as well.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
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Street Trees: The applicant is proposing street trees on the east side of South Stephenson Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site 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: No new fencing is proposed with this development.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Central District Health 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 -Yes—Wetlands at the southern end of the site adjacent
to State Highway 44
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—Yes—to be retained
Riparian Vegetation-Yes—adjacent to the existing pond
Steep Slopes-no
Stream/Creek-Yes—Ballentyne Irrigation Canal(piped)
Unique Animal Life -unknown
Unique Plant Life-unknown
Unstable Soils-unknown
Wildlife Habitat-unknown
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
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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:
Central District Health
Tesoro Logistic NW Pipeline
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 4 units per 1 acre.
Chapter 11 —Special Areas And Sites
11.1 Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in manner that reflects harmony
with their natural environment and recognized qualities which render them distinctly
unique.
These special areas will require comprehensive and specific planning to ensure that such
topographical, hydrological, ecological, architectural and scenic concerns have been
thoroughly addressed and incorporated into any engineering and development plans. The
special review process should include, but not be limited to the following:
• Wetlands issues
• Existing trees and natural features
11.2 Recognized Special Areas and Sites
Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The main
purpose of the canals and drainage ditches is that of distributing and moving water.
11.3 Goal
To promote the conservation and efficient management of all Special Areas and Sites.
11.4 Implementation and Strategies
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A. Protect and improve natural and man-made waterways.
B. Continue to develop and improve City design guidelines to encourage
preservation of Eagle's historic buildings and guide new development to
reinforce the town's special quality and"turn of the century"character.
G. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
I. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 13 —Implementation
13.3 Special Implementation Techniques For Development within the City Limits
A. Planned Unit Development Ordinance (PUD) is one of many devices used to
implement a comprehensive plan. A developer of a PUD may be allowed
variations in development requirements, if it is in the City's interest to
encourage such a development.
C. PUD regulations are intended to encourage innovations in land development
techniques so that the growing demands of the community may be met with
greater flexibility and variety in type, design, and layout of sites and buildings
and by the conservation and more efficient use of open spaces and of other
natural environmental features which enhance the quality of life.
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 required buffer area located adjacent to State Highway 44, 3)
building elevations for all proposed common area structures 4) landscape screening details of the
irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, and 6) proposed fencing to be located
adjacent to the common areas and on the required buffer area adjacent to State Highway 44. 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.
• 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
plat.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(b)Landscape and Buffer Area Requirements:
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.
• Eagle City Code Section 8-2A-7 (J)(4)(c)Landscape and Buffer Area Requirements:
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
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 (0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more of the
following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil,vegetation, or other site conditions are such that full compliance is
impossible or impractical;
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c. Due to a change of use of an existing site,the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Alderwood Village No. 2, a 4.7-acre development with 18-lots(15-buildable, 3-common)
residential subdivision. Street trees are only proposed on the east side of the street adjacent to the
buildable lots because the applicant is only constructing South Stephenson Street as a partial right
of way of 42-feet with 26 'A-feet of pavement and curb, gutter, and sidewalk located on one side of
the street.
This site has approximately 35-feet of frontage on West State Street. A 20-foot wide emergency
access road is proposed within this area providing emergency access from this development to
West State Street. Pursuant to Eagle City Code, a 50-foot wide buffer with a 5-foot to 8-foot high
berm is required along West State Street. The applicant is requesting the berm and landscape
requirements not be required in this 35-foot wide strip of land because they are retaining trees and
providing emergency access to West State Street in this location. Staff defers comment regarding
the 50-foot wide buffer along West State Street to the Design Review Board.
• The common area lot located adjacent to State Highway 44 contains a wetland area. The
Ballantine Canal,that has been tiled, is located in the northern portion of this common lot. The
canal company will not allow trees in their easement. The applicant is proposing a 4-foot high
berm to be constructed just south of the Ballantine Canal easement. The berm is to be planted
with a variety of evergreen trees, 8-foot to 10-foot in height, in order to provide as much of a
buffer as possible. Pursuant to Eagle City Code, a 75-foot wide buffer, 10-feet to 12-feet in height
with plant material is required on the property adjacent to State Highway 44. The applicant is
requesting an alternative compliance to that which is required within Eagle City Code based on the
site having topography issues and the existing wetlands area adjacent to State Highway 44. Staff
defers comment regarding the proposed landscape and berm within the common area adjacent to
State Highway 44 to the Design Review Board.
• Staff defers comment regarding 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 August 14, 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(Grubb, Brasher,Martin, and Hash absent)to approve DR-31-14 for a
design review application to construct the common area landscaping within Alderwood Village
No. 2 for Kent Freitag, 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Alderwood Village No. 2 (CU-02-13/PPUD-02-13/PP-04-
13).
2. The area between the back of curb and the north property line adjacent to West State Street
(approximately 35-feet)shall be maintained by the HOA of this development.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
5. The applicant shall work with the property owner of Lot 18,with regard to access to the pump station
located in the northwest corner of Lot 18.
6. The landscape plan, date stamped by the City of Eagle on July 1, 2014, showing the alternative method
of compliance with the landscape buffer adjacent to State Highway 44 is approved.
7. Provide a revised landscape plan showing the Quaking Aspen trees, proposed on the 4-foot high berm,
to be replaced with a more suitable tree species(i.e.: deciduous trees already shown within the plant
schedule or Maple trees). The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
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
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shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
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
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of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
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,
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shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 1, 2014.
2. Requests for agencies' reviews were transmitted on July 2, 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-31-14) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-4(residential-up to four units per acre)zoning district.
DATED this 28th day of August 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Chairman ••dc tiACLF '••,,��
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ATTEST:
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Sharon K. Bergmann, Eagle City Clerl �'•+,•u.,,,,``‘
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2014\DR-3I-14 Alderwood Village 2 LS drf.doc