Findings - DR - 2015 - DR-06-15 - Common Area Landscaping In Snoqualmie Falls Subdivision No 6 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING WITHIN )
SNOQUALMIE FALLS SUBDIVISION )
NO. 6 FOR HORSESHOE FLATS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-06-15
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 26, 2015. 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:
Horseshoe Flats, LLC, represented by Justin Martin, is requesting design review approval to
construct the common area landscaping within Snoqualmie Falls Subdivision No. 6. The 105.65-
acre site is located approximately 515-feet south of West Floating Feather Road, adjacent to North
Palmer Lane at the western terminus of West Signature Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 11, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 17, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat (A-09-
05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community.
On August 22, 2006, the City Council approved a design review application for the common area
landscaping and sports academy facility within Legacy Planned Community(DR-64-06).
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-
01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits(RZ-13-05 MOD)to the development agreement to provide a
time schedule for the build-out of the Academy Core area located within Mosca Seca Subdivision
(located within the Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 2) within the development agreement to
address the percentage of allowable second story square footage in relationship to the first floor for
homes located on lots less than 8,000-square feet in size, the provisions of private roads,
construction flooring material for attached single-family dwellings, and the Memorandum of
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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
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 January 10, 2013, the City approved a design review application to modify the landscaping
within Snoqualmie Falls No. 2 (DR-64-06 MOD).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On May 1, 2014, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR-64-06 MOD2).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the
Ada County Recorder's office.
On January 23, 2014, the Eagle Design Review Board approved a design review application for
the common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR-68-13).
On March 25, 2014, City Staff approved a design review application to modify the common area
landscaping within Snoqualmie Falls No. 4 (DR-68-13 MOD).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada
County Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada
County Recorder's office.
On March 13, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 5 (DR-07-14).
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-DA-P(Residential with a Agricultural/Part of
development agreement- Proposed Legacy
PUD) Development
Proposed Residential Two R-2-DA-P(Residential with a Single-Family, Residential
development agreement- Planned Unit Development
PUD)
North of site Residential Two R-2-DA-P(Residential with a Legacy Development
development agreement- (Snoqualmie Falls Subs)
PUD)
South of site Residential Two R-2-DA-P(Residential with a Agricultural
development agreement-
PUD)
East of site Residential Two R-2-DA-P(Residential with a Legacy Development
development agreement- (Mosca Seca Subs)
PUD)
West of site Residential Two R-2-DA-P(Residential with a Agricultural
development agreement-
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant land located at the terminus of Signature
Drive east of Snoqualmie Subdivision Nos. 4 and 5.
I. SITE DESIGN INFORMATION:
Total Acreage of Site— 105.65-acres
Total Number of Lots— 196
Residential— 176
Commercial— 1 (City Well Lot)
Industrial—0
Common— 19
Total Number of Units-
Single-family— 176
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross 1.67-dwelling Up to 2.2 units per acre maximum(based upon the
Acre units per acre executed development agreement)
Minimum Lot Size 9,040-square 5,000-square feet
feet
Minimum Lot Width 87-feet No minimum
Minimum Street Frontage 38-feet 35-feet
Total Acreage of Common 35.07-acres 21.13-acres(minimum)
Area Open Space
Percent of Site as 33.19% 20%minimum(Required pursuant to the executed
Common Area Open development agreement)
Space
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on November 6, 2014, shows between a 74
and 77-foot wide common lot on the south side of West Nordic Drive abutting the
Middleton Canal, and a 55-foot wide common lot on the north side of West Nordic Drive.
West Nordic Drive is designated as a residential collector within the Legacy development.
Pursuant to the executed development agreement (Instrument No. 106161990), a 35-foot
• wide landscape strip is required adjacent to all collector roads on the property with a
minimum five foot high berm/wall combination with extensive landscaping pursuant to
Eagle City Code 8-2A-7.
Open Space:
A total of 35.07-acres (33.19%) of common area is proposed within the planned unit
development. The common area is a combination of pathways, road buffer areas, ponds,
tot lot and streetscape (landscape islands and landscape strip between the curb and
sidewalk). A minimum of 20%open space is required within a 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
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 and drainage easements to be not less than
12 feet in width.
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.
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Preservation of Existing Natural Features:
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. The existing trees located around the existing home on the
property are proposed to be removed.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Private or Public Streets: Public
The preliminary plat, date stamped by the City on November 6, 2014, contains two (2)typical
street sections within the development showing:
• W. Nordic Dr.: The typical street section for Nordic Drive shows 50-feet right-of-way
with a 36-foot wide roadway section (as measured from back-of-curb to back-of curb),
vertical curb, an eight foot (8') wide landscape planter strip and five foot (5') wide
sidewalk located on the north side of the roadway and a ten foot (10') wide pathway
located on the south side of the roadway adjacent to Middleton Canal. The sidewalk
and pathway are located within common lots outside of the right-of-way. A license
agreement from ACHD will be required for the pathway and sidewalk.
• N. Palmer Lane: The typical street section for Palmer Lane shows 25-feet of right-of-
way from the centerline of the roadway with a 23.5-foot wide roadway section (as
measured from centerline to 1.5-feet behind back-of curb), vertical curb, an eight foot
(8') wide landscape planter strip and ten foot (10') wide sidewalk located on the east
side of the roadway. The sidewalk is located within the common lot and well lot
outside of the right-of-way. A license agreement from ACHD will be required for the
sidewalk.
• Internal Streets: The typical street section for the internal streets show 60-feet right-of-
way with a 33-foot wide roadway section (as measured from back-of-curb to back-of
curb), an eight foot (8') wide landscape planter strip and five foot (5') wide sidewalk
located on each side of the roadway located within the right-of-way.
• Internal Street (with landscape islands): The typical street section for the internal
streets show 81-feet right-of-way with a 21-foot wide roadway sections on either side
of the island (as measured from back-of-curb to back-of curb), a twelve foot (12')
wide landscape island, an eight foot(8')wide landscape planter strip and five foot(5')
wide sidewalk located on each side of the roadway located within the right-of-way.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:
Two(2)cul-de-sacs are proposed for this site:
• West Striker Lane: 400-feet in length, 50-foot radius from center of the landscape
island to back-of-curb. Travel lane is 40-feet in width from back-of-curb to face of
landscape island. Landscape island is 20-feet in width
• North Chastain Circle: 250-feet in length, 50-foot radius from center of the landscape
island to back-of-curb. Travel lane is 40-feet in width from back-of-curb to face of
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landscape island.
Two (2)temporary turnarounds are proposed for this site at the terminus of N. Moonbeam Ave
and N. De Marini Ave.
Sidewalks:
A detached five foot(5')wide concrete sidewalk is proposed abutting the planter strips located
on both sides of all interior roadways.
A detached ten foot (10') wide bicycle/pedestrian pathway is proposed to be located on the
south side of West Nordic Drive, a collector roadway, pursuant to the executed development
agreement, and a 5-foot wide detached sidewalk is proposed to be located on the north side of
West Nordic Drive,both of which will be located within an easement.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall
be provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street names should be approved by the Ada County Street Names Committee prior to
submittal of a final plat application.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees along all the streets proposed within this
phase.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS:N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Eagle Fire Department
Middleton Mill Ditch Company and Middleton Irrigation Association (Sawtooth Law Offices,
PLLC)
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
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Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the transportation and pathway network
plan 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.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Original Development Agreement Instrument No. 106161990)
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:
3.11.3 A 35-foot wide landscape strip along all collector roads on the Property, including
Palmer Lane, shall include a minimum five foot high berm/wall combination with
extensive landscaping per ECC 8-2A-7 to provide a buffer.
D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Snoqualmie Falls Subdivision No. 6, a 105.65-acre development with 196-lots(176-buildable and
20-common)residential planned unit development. The common area consists of eight(8)ponds,
the buffer area along Palmer Lane, and the buffer area along Nordic Drive. Pursuant to past action
by the Design Review Board,the applicant has been permitted to reduce the number of trees
planted within the buffer along Floating Feather which is classified as a collector road. This was
based on the applicant increasing the minimum height of the berm from 5-feet to a minimum of
10-feet in height and increasing the size of the evergreen plant material to an average height of 18-
feet to be planted adjacent to Floating Feather Road. Pursuant to the applicant's justification
letter,the applicant is requesting to continue the same look of the berm located adjacent to
Floating Feather Road within Snoqualmie Falls Subdivision No. 3. The landscape plan, dated
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stamped by the City on February 11, 2015, shows the height of the berm along Palmer Lane to be
a minimum of 10-feet in height. The landscape plan also shows the number of deciduous trees
reduced by 20 and the evergreen trees reduced by 25 of that which is required within the buffer
area along Palmer Lane. In addition to the quantity of the plant material being reduced along
Floating Feather Road,the applicant provided stone retention walls throughout the berm. The
proposed berm along Palmer Lane does not incorporate retention walls and the size of the plant
material has been specified to meet the minimum required within Eagle City Code which is 6 to 7-
feet in height. If the Design Review Board recommends approval of the reduced plant material
along Palmer Lane,the applicant should be required to provide a revised landscape plan showing
retention walls incorporated within the berm along Palmer Lane. The revised landscape plan
should show the size of the plant material increased in size. 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.
• The landscape plan, date stamped by the City on February 11, 2015, shows a 50-foot wide, 5-foot
high berm to be located adjacent to Nordic Drive. The plant quantity is significantly reduce from
that which is required within Eagle City Code; however, the applicant is requesting to continue the
look that has already been provided along Nordic Drive within previous phases of Snoqualmie
Subdivision. In previous phases of Snoqualmie Falls Subdivision,Nordic Drive has retention
walls located throughout the berm. The landscape plan, date stamped by the City on February 11,
2015, does not show any retention walls to be constructed within this phase of the development or
the size of the trees to be planted within the buffer along Nordic Drive. The applicant should be
required to provide a revised landscape plan showing retention walls incorporated within the berm
along Nordic Drive. The revised landscape plan should show the size of the trees to be planted
along Nordic Drive increased in size. 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.
• There is an overhead power line that runs from the terminus of Nordic Drive within Snoqualmie
Falls No. 5 to the west. Pursuant to Eagle City Code, all electrical service systems are to be
installed underground. The applicant should be required to provide a plan showing the overhead
electrical service system is to be located underground. The plan should be reviewed and approved
by staff prior to the City Clerk signing the final plat.
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 March 26, 2015, 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, Martin, Hash, and Schafer absent)to approve DR-06-15 for a
design review application for the common area landscaping within Snoqualmie Falls Subdivision
No. 6 for Horseshoe Flats,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
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Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of CU-06-14/PPUD-03-14/PP-09-14.
2. Provide a revised landscape plan showing retention walls incorporated within the berm along Palmer
Lane. The revised landscape plan shall show the size of the plant material increased in size to an
average of 10-foot high evergreen trees and an average of 3-inch caliper deciduous 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.
3. Provide a revised landscape plan showing retention walls incorporated within the berm along Nordic
Drive. The revised landscape plan shall show the size of the trees to be planted along Nordic Drive
increased in size to an average of 10-foot high evergreen trees and an average of 3-inch caliper
deciduous 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.
4. Provide a plan showing the overhead electrical service system, located in alignment with Nordic Drive,
is to be located underground. The plan shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No signs are proposed with this application and none are approved.
7. Provide a revised landscape plan showing a fence to be located in the vicinity of the tot lot to provide a
barrier between the tot lot and the pond. The style of fencing shall match the wrought iron fencing
used in previous phases of this development. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
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and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
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
Tights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
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.
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23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
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 February 11, 2015.
2. Requests for agencies' reviews were transmitted on February 17, 2015, 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-06-15) 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.
The Board recognizes the number of plantings proposed within the buffer area along Palmer Lane does
not meet the minimum number required within Eagle City Code but given the 10 to 12-foot high berm,
the addition of sandstone retaining walls, the wider buffer area,the ponds, and the increased size of the
plantings required, the Board feels that the landscape plan satisfies the spirit of the code and the
quality of development within the City of Eagle.
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 with a development agreement PUD)zoning district.
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DATED this 9th day of April 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho i, . °f
f
Robert Grubb, Chairman 0,0 0OF EA 0/••, .
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ATTEST: i O to #
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Sharon Bergmann, Eagle City Jerk ••.,�17'E�O •,,,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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