Findings - DR - 2015 - DR-31-15 - Common Area Landscaping In Libery Park SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA OF LIBERTY PARK
SUBDIVISION LIBERTY PARK, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -31 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on September 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:
Liberty Park, LLC, represented by Nancy Merrill, is requesting design review approval of the
common area landscaping within Liberty Park Subdivision. The 4.89 -acre site is located on the
southeast corner of West Flint Drive and North Park Lane and 3855 West Flint Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 5, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 5, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive plan amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one
dwelling unit per acre) to Mixed Use and a rezone from A -R (Agricultural - Residential) to MLI -DA
(Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and
9, Block 2, of Flint Estates Subdivision (CPA -03 -03 and RZ- 08 -03).
On September 27, 2005, the City Council approved a conditional use permit, preliminary
development plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks
and John Wood (CU- 07- 05 /PPUD- 03- 05/PP- 09 -05).
On May 8, 2007, the Eagle City Council approved a design review (DR- 87 -06) for the common
area landscaping for Bellemaede Subdivision for Tom Ricks.
On May 8, 2007, the Eagle City Council approved a design review (DR- 88 -06) for the signage for
Bellemaede Subdivision for Tom Ricks.
On November 20, 2007, the City Council approved a final development plan and final plat for
Bellemeade Subdivision for Tom Ricks (FPUD -02 -07 & FP- 05 -07).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ -08 -03 MOD).
On June 14, 2011, the City Council approved a second modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ -08 -03 MOD2).
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On June 9, 2015, the City Council approved a rezone and preliminary plat for Liberty Park
Subdivision (RZ -01 -15 & PP- 0I -15).
E. COMPANION APPLICATIONS: None
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:
There is an existing single family dwelling located on the eastern 1.13 -acre parcel. This dwelling
unit is to remain as well as the existing vegetation surrounding the dwelling unit. The rest of the
site is vacant land.
1. SITE DATA:
Total Acreage of Site — 4.89
Total Number of Lots - 23
Total Number of Units -
Residential - 15
Commercial - 2
Industrial - 0
Common 6
Single- family - 15
Duplex - 0
Multi- family - 0
Total Acreage of Any Out - Parcels — 0
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COMP PLAN
ZONING DESIGNATION
LAND USE
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with Development
Vacant
Agreement)
No Change
MU -DA (Mixed Use with Development
Commercial:` Single Family
Proposed
Agreement in Lieu of a PUD)
Residential
North of site
Mixed Use
MU -DA (Mixed Use with Development
Single Family Residential
Agreement)
South of site
Mixed Use
MU -DA (Mixed Use with Development
Vacant/State Hwy 44
Agreement)
Mixed Use
MU -DA (Mixed Use with Development
Senior Independent Living
East of site
Agreement)
Units
West of site
Mixed Use
RUT (Rural Urban Transition Ada
Park Lane/Vacant
County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing single family dwelling located on the eastern 1.13 -acre parcel. This dwelling
unit is to remain as well as the existing vegetation surrounding the dwelling unit. The rest of the
site is vacant land.
1. SITE DATA:
Total Acreage of Site — 4.89
Total Number of Lots - 23
Total Number of Units -
Residential - 15
Commercial - 2
Industrial - 0
Common 6
Single- family - 15
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
3.33*
Not to exceed 3 du /acre (Pursuant to the
executed development agreement, Ada
County instrument number #113089276)
Minimum Lot Size
5,000- square feet
5,000 square feet (minimum lot size in the
MU zone)
Minimum Lot Width
50 -feet
50 -feet
Minimum Street Frontage
35 -feet
35 -feet
Total Acreage of Common Area
1.11 -acres
0.98 -acres (minimum)
Percent of Site as Common Area
23%
20% (minimum)
Except that, according to ECC Section 9 -3 -8 (C)
the City may require additional public and: or
private park or open s ace facilities in PUDs,
' Nate The proposed development contains commercial and residential uses. The proposed density is based only on
the residential area.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9- 3 -7(a) requires 20 -foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
Open Space:
A total of 1.11 -acres (23°.0 of the total residential area of the subdivision) is proposed within
the residential area of the subdivision. The open space consists of planter strips, and open
areas. A minimum of 20 °6 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 and drainage easements to be not less than 12
feet wide, except a 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 may be required by the Eagle Fire District.
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0
On -site Septic System (yes or no) — yes
The existing residence located at 3855 West Flint Drive is served by an on -site septic system.
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. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on February 19, 2015, contains a typical street
section that shows the internal local roadways with a thirty eight foot (38') wide right -of -way
with a thirty four foot (34') wide street section (back of curb to back of curb) with rolled
curbing.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul -de -sac Design: None
Sidewalks:
An attached five -foot (5') wide concrete sidewalk is proposed along N. Park Lane and along
Flint Drive from the east property line for approximately 260 -feet. The applicant has
requested the attached sidewalk along Flint Drive be allowed for this portion due to existing
mature trees.
A detached five foot (5') wide concrete sidewalk is proposed along the remainder of Flint
Drive and both sides of all interior public roadways.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall
be provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located around the
existing dwelling unit that are to be protected and retained.
Tree Replacement Calculations: N!A
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Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees along the interior streets of this development.
Street trees along West Flint Drive are shown to be located behind the separated sidewalk, instead
of within the planter strip.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N.--'A
Parking Lot Landscaping: N.
-A
M. TRASH ENCLOSURES: NiA
N. MECHANICAL UNITS: N. -A
0. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board 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:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of 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 -- yes — located around the existing dwelling unit
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
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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:
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics 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:
3. Flint Drive shall be preserved primarily as a residential street while properties abutting State
Street should include a mix of residential uses, commercial uses limited to lease spaces no
larger than 30,000 square feet and office uses that promote trip capturing. The properties
abutting State Street shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
C. Access
1. Access to and through should be limited to existing roads (Old Valley Road, Park Lane
and Linder Road); no direct access from State Street/ Highway 44 shall be permitted
unless a new access point is designated by the State of Idaho for Eagle Island State Park.
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2. The area to the north of State Highway 44 should require the construction of a frontage
road (similar to Old Valley Road) that removes individual property access to State
Highway 44. This high density area shall provide internal circulation and connectivity to
the residential areas to the north.
3. Cross - access agreements and shared service roads should be encouraged throughout the
area.
4. Linkage roads through the area east of Eagle High School should provide connectivity to
Floating Feather Road to the north, Park Lane to the west, and Breanna Drive to the east.
5. Right -of -way should be preserved for a future connection to State Highway 44 in
alignment with the future State Highway 44 entrance to Eagle Island State Park.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
Eagle City Code Section 8 -2A -7: Landscape and Buffer Area Requirements
M. Parkway Strips, Separated Sidewalks, and Street Trees:
Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be
required when space permits. An eight foot (8') wide minimum parkway planter strip
planted with shade class (class II) trees shall be required between the sidewalk and
street to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree,
selected from the approved tree list in subsection Q of this section, shall be planted
per thirty five (35) linear feet of street frontage.
3. Within residential developments one shade class (class II) tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all
streets within the eight foot (8') wide landscape strip between the sidewalk and the
curb. Trees shall be planted at the front of each lot generally located on each side lot
line corner with the distance between trees to be a minimum of thirty five feet (35')
and a maximum of eighty feet (80') of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property. (Ord. 699, 5 -28 -2013)
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 The Owner shall submit a Master Design Review site layout and landscape application for Lots 2
& 3, Block 1, and shall comply with all conditions required by Eagle as part of the Design Review
prior to the issuance of a building permit.
3.6 The single- family dwellings shall be constructed utilizing "Craftsman" style architecture (Exhibit
D). The design of commercial buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All commercial buildings shall be designed in accordance
with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City Code Section
8 -2A. Eagle Design Review Board approval of the detailed architectural plans for the development
is required prior to the issuance of building permits for commercial buildings, pumphouse for
irrigation, and gazebos.
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C
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC &Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
3.7 Excluding the residential portion of the subdivision, all buildings require the approval of the
Design Review Board. The design of the buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle
Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8-2A.
D. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Provide a minimum of 15% of the open space as active open space. The applicant shall submit a
revised landscape plan with the design review application.
Provide a revised landscape plan showing all fencing located adjacent to common areas and on the
street side of all comer lots to be open style fencing such as wrought iron or other similar
decorative style fencing, prior to the submittal of a design review application. The residential lot
located adjacent to the commercial lots is permitted to have solid fencing located adjacent to the
west property line and not to encroach into the front yard. The solid fencing shall be reviewed and
approved by the Design Review Board prior to submittal of a final plat application.
The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and all common areas
throughout the subdivision 3) building elevations for all proposed common area structures and
irrigation pump house 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, 6) proposed style of fencing. 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 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 sidewalk located adjacent to West Flint Drive east of West Liberty Drive may be attached to
West Flint Drive.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within Liberty
Park Subdivision, a 4.89 -acre development with 23 -lots (i 5- residential, 2- commercial, and 6-
common) subdivision. With the exception of the trees located around the existing residential
dwelling located at 3855 West Flint Drive, the property is vacant land. There are two (2)
commercial lots proposed adjacent to North Park Lane. The commercial buildings will be
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reviewed and approved at a future date by the Design Review Board.
The landscape plan, date stamped by the City on August 5, 2015, shows drainage swales to be
located between the back of curb and the sidewalk. No street trees are shown to be located in this
area. The applicant is showing the street trees along West Flint Drive to be located on the back
side of the separated sidewalk. Pursuant to Eagle City Code, street trees are required to be planted
every thirty five (35) feet in the planter strip. Pursuant to past action by the Design Review Board,
required street trees have been permitted to be located on the back side of the sidewalks when
drainage facilities are located between the back of curb and separated sidewalk.
• 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 September 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 5 to 0 (Grubb and Hash absent) to approve DR -31 -15 for a design review
application to construct the common area landscaping within Liberty Park Subdivision for Liberty
Park, LLC, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . Comply with any applicable conditions of RZ -01 -15 and PP- 01 -15.
2. Provide a detailed cut sheet of the bench proposed in the common area located in the southeast corner
of the development. The detailed cut sheet shall be reviewed and approved by staff 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 is required prior to
any signs being constructed on this site.
5. Provide a revised landsca a plan showing one additional bench to be located within each of the
common areas. One bench in each common area shall be located ad'acent to the sidewalk for
accessibili . The revised landscape plan shall be reviewed and approved by staff prior the City Clerk
signing the final plat.
6. Provide a revised landscape plan showing two 2 of the four 4 tar er trees removed. moving the four
4 lar er trees closer to the perimeter. or replacing the four 4 larger trees with one 1 large tree in
the center of the common area located in the southeast corner of the develol2ment. If the number of
trees is decreased the plan shall show comi2ensation with shrubbe around the perimeter of this
common area. The revised landscape plan shall be reviewed and a2proved by staff and one member of
the Design Review Board prior to the City Clerk signing the final plat.
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7. The landscape plan, date stamped by the City on August 5.2015 shows all the street trees -along the
internal streets to be Norway_Magle trees._ Provide a revised landscape plan showing divers_ i in the
species of street trees by substituting with another class two tree in addition_ to the Norway Maple trees.
The revised landscape plan_ shall_ be reviewed and approved by staff and one member of the Design
Review Board prior to the City Clerk signing the final plat_
8. Provide a revised landsca a plan clarifying the trees s ecified in the southeast common area lot that are
both labeled CEO. The revised landsca a plan shall be reviewed and al2l2roved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and /or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
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.
S. 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
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obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and; or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single- family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
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.
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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 RELor 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 waiverivariance 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.
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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 August 5, 2015
2. Requests for agencies' reviews were transmitted on August 5, 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- 31 -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.
DATED this 241h day of September 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, C irman ��►�� {alrlai���,I,
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Sharon K. Bergmann, Eagle City Clerk •.,T000 O �9P
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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