Findings - CC - 2021 - DR-72-20 - Renee Place Sub Ls BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN RENE PLACE )
SUBDIVISION FOR STERLING LAND )
DEVELOPMENT,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-72-20
The above-entitled design review application came before the Eagle City Council for their action on January
26, 2021. The Eagle City Council 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:
Sterling Land Development, Inc., represented by Kim Siegenthaler with Jensen Belts Associates, is
requesting design review approval of the common area landscaping within Rene Place Subdivision.
The 18.51-acre site is located at the northeast corner of North Dicky Drive and North Rene Place at 500
North Rene Place.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 3,2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 10, 2020, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25,2020,the City Council approved a annexation,rezone from R-3 (Residential)and RUT
(Rural-Urban Transition — Ada County designation) to R-5-DA-P (Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for
Rene Place Subdivision(A-06-19/RZ-12-19/CU-08-19/PPUD-05-19/PP-08-19).
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 Compact Residential RUT(Rural-Urban Transition— Single-family dwelling and
Ada County designation)and R- agricultural
3 (Residential)
Proposed No Change R-5-DA-P(Residential with a Single-Family, Residential
development agreement—PUD) Planned Unit Development
North of site Neighborhood R-4(Residential) Single-Family Residential
Residential (Melvin's Eagle Pointe
Subdivision No. 8)
South of site Compact Residential R-1 (Residential)and R-3 Single-Family Residential
(Residential) (Evans Subdivision No. 3
and Ringo Ridge Estates
Subdivision No. 1)
East of site Compact Residential RUT(Rural-Urban Transition— Single-Family Residence
Ada County designation),R-3-
DA-P(Residential with a and Single-Family
development agreement—PUD), Residential(Wycliffe
and R-3 (Residential) Estates Subdivision and
Ringo Ridge Estates
Subdivision No. 1)
West of site Public/Semi-Public R-4(Residential) Eagle Hills Golf Course
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: There is an existing single-family residence on the site that
will be retained. There are three accessory structures near the existing residence that will be removed.
J. SITE DATA:
Total Acreage of Site— 18.51-acres
Total Number of Lots—83
Residential—74
Commercial—0
Industrial—0
Common—7
Non-buildable—2
Total Number of Units—74
Single-family—74
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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K. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 3.99-acres of open space is proposed(inclusive of the planter strips). The preliminary plat
and planned unit development plan, date stamped by the City on August 13, 2020, shows an
approximately 1.88-acre common area centrally located within the development. The centrally located
common area is proposed with a pathway network,plaza/sitting area with shelter,playground area,and
workout stations along the pathway system. The preliminary plat and planned unit development plan
also show three (3) smaller common areas located at the southeast, southwest, and northwest corners
of the development. The three(3)common areas will contain a pond and pumphouse to be utilized for
pressurized irrigation(southeast corner),gravel emergency access road to North Rene Place(southwest
corner), and pathway with open area (northwest corner). The site also contains common lots located
adjacent to the streets and corner lots.
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 a 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 currently served by a septic system.
Preservation of Existing Natural Features:
The property contains mature trees located at the southeast corner of the property. This area will be a
common lot. The preliminary development plat/preliminary development plan shows the existing trees
located within the common lot.
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.
L. BUILDING DESIGN FEATURES:
Pumphouse; 11' high
Roof: Asphalt Shingle(Black)
Walls: Composite Wood(Positive Red, Smokehouse)
Windows/Doors: Aluminum(white)
Fascia/Trim: Composite Wood(Alabaster)
Picnic Shelter; 10' 6"high
Roof: Metal(Roman Blue)
Columns: Metal(Ash Gray)
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M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are two existing trees near the single-
family residence that will be protected and retained.
Tree Replacement Calculations:N/A
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
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
A landscape plan showing location of the street lights and detailed lighting cutsheets showing the
style,height, illumination type and wattage have been received and comply with Eagle City Code
Section 8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
construction of any signs on the site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the Eagle Water Company Water Service Area and within the boundaries of the Eagle
Sewer District.
S. PUBLIC USES PROPOSED:None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—located in proximity to the existing residence at the southeast corner of the site.
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-unknown
Unique Plant Life-unknown
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
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X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Ballantyne Ditch Company
Eagle Fire Department
Historic Preservation Commission
Y. LETTERS FROM THE PUBLIC: None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council,whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with
adjacent uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City,and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades,features,and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety,and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
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following:
Compact
Suitable for single family residential. Densities range from 4 units per acre to 8 units per acre.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.6 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2)planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment,gazebos,and/or similar amenities,6)all proposed fencing throughout the
development,and 7)street lights. The design review application shall be reviewed and approved
by the Eagle Design Review Board and City Council prior to the submittal of a final plat
application.
3.7 Owner shall construct a tot lot and pedestrian pathways at the locations as shown on the Concept
Plan(Exhibit C).
3.8 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
6. Provide a revised preliminary plat and plan unit development plan which shows the pedestrian
pathway locations within Lot 35, Block 1 and Lot 1, Block 4, at a minimum of 8-feet in width,
unless the Council determines that 6-feet is appropriate due to anticipated low volume pedestrian
traffic. The revised preliminary plat and planned unit development plan shall be provided prior to
submittal of a design review application.
15. Provide a revised preliminary plat and planned unit development plan showing the playground area
located within Lot 1,Block 4, re-located slightly north of the currently proposed location to allow
for mail cluster boxes and a paved area for accessing the mail cluster boxes. The paved area shall
be located between the two(2) storm drain w/catch basin areas. The revised preliminary plat and
planned unit development plan shall be provided prior to submittal of a design review application.
17. The applicant shall be required to comply with the Parks,Pathways,and Recreation Commission's
pathway recommendations, as identified in the Trails and Pathway Superintendent's memo, dated
May 26,2020.
19. The applicant shall remove the overhead power lines providing power to the existing home and
accessory building(s)at the time of removal of the existing buildings.
20. 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
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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 within an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the
final plat the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits,and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to,new commercial, industrial,
institutional, office,multi-family residential projects, signs,common areas, subdivision signage,
proposed conversions,proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing,exterior restoration, and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within Rene
Place Subdivision, an 83-lot(74 buildable, 7-common,2-non buildable)residential planned unit
development. The common area consists of street trees,active open spaces with a tot lot,exercise
equipment,and picnic shelter, and pathways. Staff defers comment regarding the common area
landscaping to the Design Review Board.
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• Sheet L1 shows an emergency access road but does not show the material to be used in the
construction of the road. Sheet L2 shows a 5-foot wide pathway north of East Snocreek Drive.
Sheet L3 shows the pathway cul de sac 12-feet from the property line. Pursuant to preliminary
plat site specific condition no. 17,the applicant is required to comply with the Parks,Pathways,
and Recreation Commission's pathway recommendations.
PPRC Recommendation
Exhibit A
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1. PATHWAY LOT 37:The developer should provide a fully constructed 10-foot wide concrete
pathway on Common Lot 37 as shown in Exhibit A,Location A,that is constructed to the City's
Concrete Pathway Specification.This pathway should be stubbed at the northern boundary using a
cul de sac design-
CUL DE SAC STUB DESIGN
PROPERTY BOUNDARY
3-FEET
-10-FEET
2. PATHWAY LOT 1:The developer should provide a fully constructed 6-foot wide concrete
pathway on Common Lot 1 as shown in Exhibit A,Location B,built to their City approved design
for sidewalks in the development
3. PATHWAY LOT 14:This location is shown in Exhibit A,Location C.This lot will serve as
alternate emergency vehicle access until this subdivision connects to future development by way of
E.Shadoweagle Drive.Until that occurs,the developer should provide unobstructed bicycle
pedestrian access of at least 4-feet in width alongside the proposed gate with Knox Box.When the
alternate access is no longer required,the owner should remove the gate and replace it with bollards
to limit vehicle access.This 20-foot wide concrete built to the City's Concrete Pathway
Construction Standard.
CONCRETE PATHWAY CONSTRUCTION
IT, INSTALL A 21 INCH IMP THI BIOBARR)ER ALONG BOTH SIDES OF THE.PATHWAY IN ANY AREA'WITHIN 15-TEET.OF A TREE
ORW MR OR PIPEET FROMANY TREE TRUNK,WHICH EVER DISTANCE IS GREATER NO BIOBARRIER IS TO BE PIACEOPKTN
A R*WINIIG.LENGTH OF LESS TIAN 30 FEET AND NO GAPS OF LESS THAN 30 FEET WILL EXIST BETWEEN BIOBARRER
SECTIONS INSTALLED SIONAPIVER TOP EDGE:MUST BE WITHIN I INCH OF THE TRASH GRADE TO HELP PREVENT TREE
ROOI5 FROM TAGRATRIG OVER THE TOP LOGE
(2: INSTALL U INCHES X 11.FEET Of E'MINUSPIt RUN COMPACTED TO PS%ON TOPOF UNDISTURBED SOIL.
,3) INSTALL WEED FABRIC(4DZ NON WOVEN GEOTE%TBE FA FOR FABRIC)AND ROOT FARRIER LENDER ENTIRE PATHWAY AREA
LENDER THE 4 INCH LAYER OF%.MINUS
-�# APPLY M(NOBAR C-BORATE ANO TRW LDREW TO BASE PER HAM)FACIURER5 SPECIFICATIONS
INSTALL 4 INCHES X t1 FEE 1 Of%MINUS CRUSHED GRAVEL BASE COMPACTED TO INN
PROVIDE A 3 SINCH DEEP XIO-0001 WIDE PORTLAND CEMENT 4000PSIWTIH FIBERMESH RERYORCEMENT AD0111YE TREAD
SuRfACE,CROSS SLOPED A IREMAUM OF PS AND A MA%NlUM OF 4%FOR DRAINAGE THIS SURFACE IS TO BE 1JEDA)M
BROOM FINISHED WITH A TS NCH TOOLED RADIUS ON EDGE CONTROL JOINTS SHALE BE 10-FEE)0C.SAW CUT
EXPANSION JONIS SHALL BE A 4OT Eli 0 C SHALL PROVIDE AND INSTALL(5)24 NCH LENGTH¶T REBAR
7 FINISH GRADE ALONG THE SIDES OF THE PATHWAY APPROXIMATELY IEEE T WIDE ON BOTH SIDE SI SHALL BE 1-INCH BEL OW
THE PATHWAY 11 INCHES ANYWHERE 500 IS TORE INSTALLED),SHALE BE SLOPED ALANIMUA OF 714 CARNAGE!SLOPING
AWAY FROM PATHWAY)BUT A MAIWMU1 OF BS FOR EROSION RESISTANCE NO AOwFNT GRADES SWILL DRAW ACROSS
THE PATHWAY TREAD
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The applicant should be required to provide a revised landscape plan showing the construction of
the emergency access road to be concrete, show a 6-foot wide pathway north of East Snocreek
Drive,and show the pathway cul de sac 3-feet from the north property line pursuant to the PPRC
recommendation. The revised landscape plan should be reviewed and approved by staff prior to
the approval of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the following site specific conditions of approval and 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 December 10,2020,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 01:53)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board determined the proposed common area landscaping should be approved.
BOARD DECISION:
The Board voted 4 to 0(Grubb abstained,Duperault absent)to recommend approval of DR-72-20 for a
design review application for the common area landscaping within Rene Place Subdivision for Sterling
Land Development,Inc.,with the following site specific conditions of approval and standard conditions
of approval provided within their findings of fact and conclusions of law document,dated January 14,
2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 26,2021,at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-72-20 for a design review application for the common area
landscaping within Rene Place Subdivision for Sterling Land Development,Inc.,with the following
Design Review Board recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-06-19/RZ-12-19/CU-08-19/PPUD-05-19/PP-08-19.
2. Provide a revised landscape plan showing the construction of the emergency access road to be
concrete, show a 6-foot wide pathway north of East Snocreek Drive,and show the pathway cul de sac
3-feet from the north property line pursuant to the PPRC recommendation. The revised landscape
plan shall be reviewed and approved by staff prior to the approval of a final plat application.
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3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the •
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
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runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company,ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
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1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code,Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules,regulations, ordinances,plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
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of the Design Review if construction has not startedprior to that date,as stipulated in Eagle City
p g
Code(one year from 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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-72-20) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-5-DA-P (Residential with a development agreement — PUD) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 26th day of January 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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so Pierce,Mayor jAT EST:
Tracy E. i•porn,Eagle City Ctrk ;O� �'S
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