Findings - DR - 2015 - DR-19-15 - Common Area Landscaping In Banbury Meadows Subdivison No 8BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA LANDSCAPING WITHIN
BANBURY MEADOWS SUBDIVISION
NO. 8 FOR HOFF COMPANIES, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -19 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on July 9, 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:
Hoff Companies Inc., represented by Roy Johnson with Johnson Engineering, is requesting design
review approval of the common area landscaping within Banbury Meadows Subdivision No. 8.
The 11.81 -acre site is located on the west side of South Chipper Way approximately 60 -feet north
of the intersection of West Oakhampton Drive and South Chipper Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 1, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 4, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the Eagle City Council approved an annexation, rezone, lot split, preliminary
development plan, and preliminary plat for Banbury Meadows (RZ -95/ PPUD -95)
On April 26, 2005, the Eagle City Council approved the fmal development plan and final plat for
Banbury Meadows Subdivision No. 7 (final phase of Banbury Meadows planned unit
development) (FPUD- 02- 05/FP- 03 -05).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant and there are three (3) cottonwood trees
and two (2) willow trees are to be removed.
I. SITE DATA:
Total Acreage of Site —11.81 -acres
Total Number of Lots — 29
Residential — 26
Commercial — 0
Industrial — 0
Common — 3
Total Number of Units - 26
Single - family — 26
Duplex — 0
Multi - family — 0
Total Acreage of Any Out - Parcels — 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Two
RUT (Rural -Urban Transition —
Vacant parcels /agriculture
Ada County designation) and A -R
(Agricultural - Residential)
Proposed
No Change
R -3 -DA (Residential with a
Single- family, residential
development agreement)
subdivision
North of site
Residential Two
R -2 -P (Residential — PUD)
Banbury Golf Course and
Banbury Meadows
Subdivision No. 5
South of site
Residential Two
R -1 (Residential) and A -R
Carlene Estates
(Agricultural- Residential)
Subdivision (common lots)
and single - family residence
East of site
Residential Two
R -2 -P (Residential — PUD)
Banbury Golf Course and
Banbury Meadows
Subdivision No. 5
West of site
Residential Two
RUT (Rural -Urban Transition —
Single - family residence
Ada County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant and there are three (3) cottonwood trees
and two (2) willow trees are to be removed.
I. SITE DATA:
Total Acreage of Site —11.81 -acres
Total Number of Lots — 29
Residential — 26
Commercial — 0
Industrial — 0
Common — 3
Total Number of Units - 26
Single - family — 26
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 Acre
2.20 - dwelling units per acre
2.20 units per acre
maximum
Minimum Lot Size
11,036- square feet
17,000 - square feet
(Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same square- footage in
open space and a planned
unit development is
applied for and approved -
per ECC Section 8 -6 -5 -5
[A])•
Minimum Lot Width
85 -feet
75 -feet (minimum)
Minimum Street Frontage
42 -feet
35 -feet (minimum)
Total Acreage of Common Area
2.14- acres*
2.13 -acres (minimum)
Open Space
Percent of Site as Common Area
18.1 %*
18% (minimum)
Open Space
* .90 -acres of the area proposed as common area open space contains two (2) existing driveways
providing access to the two (2) adjacent parcels.
J. GENERAL SITE DESIGN FEATURES:
Open Space:
The applicant is proposing five (5) common lots consisting of a total of 2.14 -acres
(18.1 %) of common area. The preliminary plat, date stamped by the City on July 24, 2014,
shows a common lot (Lot 17, Block 42) located adjacent to the southern property line to
be 39,303 - square feet (.90- acres) in size. Lot 17, Block 42, consists of existing driveways
providing access to two (2) adjacent properties. The remaining common lots consist of a
common area located at the entrance to the subdivision, a centrally located open space
common area, and two (2) smaller common areas located adjacent to W. Hampton Bay
Drive.
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.
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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 widths, to coincide with respective setbacks, may be considered as part
of a planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Meridian Rural Fire District
and the Eagle Fire District.
On -site Septic System: No
Preservation of Existing Natural Features:
The property was previously farmed with the exception of the area located adjacent to
Kid's Creek located adjacent to the southern boundary of the site. The applicant is
proposing to include Kid's Creek within a common lot to preserve the creek area.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. BUILDING DESIGN FEATURES:
Roof Architectural Asphalt Shingles (black)
Walls: Stucco, Synthetic Stone
Windows/Doors: Vinyl window (tan), Metal door
Fascia/Trim: Stucco
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are five (5) existing trees located on
site. The trees are cottonwood and willow trees.
Tree Replacement Calculations: No tree replacement is required for the trees being removed.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed throughout the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: 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. FENCING: 4 -foot high black wrought iron
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from the Eagle Fire Department has been received by the City. A
water service approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED: None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
U. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream /Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Eagle Fire Department
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:
• The Comprehensive Plan Land Use Map (adopted February 3, 2011) designates this site as
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.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A -7(C) Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree I Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61 /4 inches to 12 inches 1.5x caliper of tree removed
121 /4 inches or more lx caliper of tree removed
C. pRELI IINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision, 3) building elevations for all proposed common area
structures 4) landscape screening details of the irrigation pump house, and 5) useable amenities
such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 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.
D. DISCUSSION:
The applicant is requesting design review approval of the common area landscaping within
Banbury Meadows Subdivision No. 8, a 29 -lot (26- buildable and 3- common) residential
subdivision. The applicant is proposing to construct a pump house for irrigation. The pump house
is proposed to be located within the southeast corner of the common area located at the entrance to
the development. Colored elevation plans have been submitted; however, the specific colors and
materials have not been called out. The applicant should be required to provide a color board
indicating the specific colors and materials to be used in the construction of the pump house. The
color board should be reviewed and approved by staff and two members of the Design Review
Board prior to the City Clerk signing the final plat.
• The landscape plan, date stamped by the City on June 1, 2015, does not show any useable
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amenities within the common area. Pursuant to the preliminary plat approval of this development,
the applicant is required to provide useable amenities such as picnic tables, covered shelters,
benches, playground equipment, gazebos, and/or similar amenities within the common areas. The
applicant should be required to provide a revised landscape plan showing useable amenities such
as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities within the common area. Detailed elevations and/or cut sheets of the useable amenities
should be submitted. The revised landscape plan and elevations and/or cut sheets should be
reviewed and approved by staff and two members of the Design Review Board prior to the City
Clerk signing the final plat.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on July 9, 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 6 to 0 (Hash absent) to approve DR -19 -15 for a design review application of the
common area landscaping within Banbury Meadows Subdivision No. 8 for Hoff Companies Inc.,
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 any applicable conditions of Banbury Meadows Subdivision No. 8 (A- 02- 14/RZ -02 -14
& PP- 01 -14).
2. Provide a color board indicating the specific colors and materials to be used in the construction of the
pump house. The color board shall be reviewed and approved by staff and two members of the Design
Review Board prior to the City Clerk signing the final plat.
3. Provide a revised landscape plan showing useable amenities such as picnic tables, covered shelters,
benches, playground equipment, gazebos, and/or similar amenities within the common area. Detailed
elevations and/or cut sheets of the useable amenities shall be submitted. The revised landscape plan
and elevations and/or cut sheets shall be reviewed and approved by staff and two members of the
Design Review Board prior to the City Clerk signing the final plat.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
6. No signs are proposed with this application. A separate design review application is required for the
construction of any signage associated with this development.
7. Provide revised buildiniz elevations of the pump house showing a modified roof line (i.e.: removal of
gable on east elevation). The revised building elevations shall be reviewed and approved by staff and
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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
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
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drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single - family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
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
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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 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 1, 2015.
2. Requests for agencies' reviews were transmitted on June 4, 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- 19 -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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R -3 -DA (residential with a development agreement) zoning district.
DATED this 23rd day of July 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
4Ada Count41dCl'o
bruM, airman
ATTEST: 4Q �
(9\( Sharon K. Bergmann, Eagle City Clerk
ice, � ~••••C�� ,,�•
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00990009 It.;
-17)i OF xv.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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