Findings - DR - 2015 - DR-54-15 - Common Area Landscaping In Springhouse SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SPRINGHOUSE )
SUBDIVISION FOR TRILOGY DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -54 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on December 10, 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:
Trilogy Development, represented by Scott Wonders with JUB Engineers, Inc., is requesting
design review approval of the common area landscaping within Springhouse Subdivision. The
18.39 -acre site is located on the west side of North Park Lane approximately 750 -feet north of the
intersection of State Highway 44 and North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 4, 2015, and supplemental
information on December 1, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 9, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 16, 2015, the Director of Ada County Development Services approved a One Time
Division (OTD) for D. Keith and Ona L. Ricks Revocable Trust represented by Kristi Watkins
with J -U -B Engineers, Inc. (Project No.201500866 OTD)
On October 13, 2015, the Eagle City Council approved an annexation, rezone and preliminary plat
approval for Springhouse Subdivision (A- 03- 15/RZ -06 -15 & PP- 05 -15).
E. COMPANION APPLICATIONS: DR -54 -15 (design review sign application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped and used for agricultural uses.
I. SITE DATA:
Total Acreage of Site — 18.39
Total Number of Lots - 58
Total Number of Units -
Residential - 52
Commercial - 0
Industrial - 0
Common-6
Single- family - 52
Duplex - 0
Multi- family - 0
Total Acreage of Any Out - Parcels — none
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The eastern property line will be located adjacent to North Park Lane which is classified as a
collector. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty-five foot (35') wide buffer
area with a minimum five to eight foot (5' to 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.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Mixed Use
RUT (Rural -Urban Transition — Ada
Vacant
Existing
County designation)
No Change
MU -DA (Mixed Use with
Single - Family Residential
Proposed
Development Agreement [in Lieu of
Subdivision
a PUD
North of site
Residential Three
R -3 -DA (Residential with a
Single - Family Residential
development agreement)
(Kathleen Estates
Subdivision
Mixed Use
RUT (Rural -Urban Transition — Ada
Single - Family Residence
South of site
County designation)
and Agric ulture
East of site
Mixed Use
MU -DA (Mixed Use with
Park Lane and Single -
Development Agreement [in Lieu of
Family Residence (Flint
a PUD])
Estates Subdivision)
Residential Three
R -2 -DA (Residential with a
Single - Family Residential
West of site
development agreement)
(Sedona Creek
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped and used for agricultural uses.
I. SITE DATA:
Total Acreage of Site — 18.39
Total Number of Lots - 58
Total Number of Units -
Residential - 52
Commercial - 0
Industrial - 0
Common-6
Single- family - 52
Duplex - 0
Multi- family - 0
Total Acreage of Any Out - Parcels — none
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The eastern property line will be located adjacent to North Park Lane which is classified as a
collector. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty-five foot (35') wide buffer
area with a minimum five to eight foot (5' to 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.
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Open Space:
A total of 3.68 -acres of open space is proposed with the residential subdivision. The open space
consists of planter strips, open areas (with pathways), and the buffer berm located adjacent to
North Park Lane. A minimum of 20% is required except that, according to ECC Section 9 -3 -8 (C)
the City may require additional public and/or private park or open space facilities in PUDs.
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 (PUD). The applicant is requesting a MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) zoning designation. The applicant is also requesting a
five -foot (5') wide easement width adjacent to the interior lot lines.
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
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Ballentyne
Ditch Company. The applicant submitted a pressurized irrigation report that meets the
requirements of the City of Eagle Pressure Irrigation Standards (EPIS).
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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: N/A
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: Street trees are proposed throughout the development.
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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 street light plan showing location, height, and wattage is required to be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
No preliminary approval letters from Central District Health Department, Eagle Fire Department,
or Eagle Sewer District have 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:
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Eagle Fire Department
Idaho Transportation Department
Sawtooth Law Offices, PLLC — Drainage District No. 2
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
6. The area located on the northwest corner of State Highway 44 and Park Lane is designated
Mixed Use for the southern 17- acres, transitioning to residential, 3 units per acre for the
northern portion of the property. The transition area between the mixed use and the
residential area shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall
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provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC &Rs and the repair and maintenance requirement shall run with the
land and that the requirement cannot be modified ant that the homeowners association or
other entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three- rail -type
wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be
prohibited.
(c) A requirement that In the event any of the CC &Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC &Rs are subject to all rules, regulations, laws and
ordinances of all applicable government bodies. In the event a governmental rule,
regulation, law or ordinance would render a part of the CC &Rs unlawful, then in such
event that portion shall be deemed to be amended to comply with the applicable rule,
regulation, law or ordinance.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the 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, 5) useable amenities such as
picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities.
The amenities shall include a tot lot. The design review application shall be reviewed and
approved by the Design Review Board prior to the submittal of a final plat application.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
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 on the side lot lines, or as approved by the Design Review Board and
within five -feet (5') of the edge of the roadway. 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
within landscape strips. 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.
• The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to the City Clerk signing the final
plat.
• The developer shall work with the property owner (Jason Taylor who provided correspondence to
the city) to determine the appropriate location of fencing between the subdivision boundary and
Mr. Taylor's property. The final fence design shall be reviewed and approved by the Design
Review Board prior to submittal of a final plat application.
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D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
0 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.
• Eagle City Code Section 8- 2A- 7(J)(6)(a)
For design flexibility, half of the required shade trees may be substituted on a two to one (2:1)
basis with ornamental and evergreen trees.
E. DISCUSSION:
The applicant is requesting design review approval of the common area landscaping within
Springhouse Subdivision, an 18.39 -acre development with 58 -lot (52- buildable and 6- common)
residential planned unit development. There are no structures proposed within this development.
The applicant is proposing to use a 6 -foot high wrought iron fence adjacent to the common/open
areas. Sidewalks and pathways are located throughout the development and provide access to the
tot lot that is proposed in the large open are in the center of the development.
The landscape plan, date stamped by the City on December 1, 2015, shows fifteen (15) deciduous
trees, thirty six (3 6) evergreen trees, and sixteen (16) flowering trees within the thirty five (3 5) foot
wide landscape buffer along the 520 - linear feet of frontage along North Park Lane. Pursuant to
Eagle City Code, a total of twenty one (21) deciduous trees, twenty six (26) evergreen trees, and
zero (0) flowering trees are required along the entire frontage of this development. Eagle City
Code allows for design flexibility, by allowing half of the required shade trees to be substituted on
a two to one (2:1) basis with ornamental and evergreen trees. The proposed landscape plan is six
(6) deciduous trees short of what is required pursuant to Eagle City Code. However, the thirteen
(13) additional evergreen trees and flowering trees being proposed in this buffer area exceeds the
six (6) deciduous trees the buffer area is missing. The proposed tree and plant quantity proposed
within the buffer area along North Park Lane complies with Eagle City Code.
Sheet LP -107, date stamped by the City on December 1, 2015, shows an irrigation pond in the
southwest corner of the development. It appears that there is there is an irrigation box proposed
between the sidewalk and the irrigation pond. The applicant should be required to provide a
revised landscape plan showing the irrigation box will be screened from view by landscaping.
Details of what the irrigation box will look like should be submitted to the City. The revised
landscape plan and details should be reviewed and approved by staff and one member of the
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Design Review Board prior to the City Clerk signing the final plat.
• Staff defers comment regarding the landscape design 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 December 10,
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 (Brasher absent) to approve DR -54 -15 for a design review application to
construct the common area landscaping within Springhouse Subdivision for Trilogy Development,
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 Springhouse Subdivision (A- 03- 15/RZ -06 -15 & PP- 05 -15).
2. Provide a revised landscape plan showing the irrigation box will be screened from view by
landscaping. Details of what the irrigation box will look like shall be submitted to the City. The
revised landscape plan and details 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. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application. A separate design review application (DR- 54 -15) has been
submitted for the approval of a monument sign.
5. Provide a revised landscape plan showing 50% of the Ponderosa Pine trees, located at the north and
south ends of the landscape buffer along Park Lane, to be substituted with another everg er en species.
The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the
final plant.
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.
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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
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
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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
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.
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 4, 2015.
2. Requests for agencies' reviews were transmitted on November 9, 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- 54 -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 MU -DA (mixed use with development agreement) zoning district.
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DATED this 140, day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
o` OF EAC �''•.
••••� f�••••••••�� ••�,
b, Chairman
; O * L
•
ATTEST:
'. • �. ���••�O •'
.,•, f1_ •��•� O�►••••�
##tells 2210,400
Sharon K. Bergmann, Eagle City Cler
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
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