Findings - DR - 2016 - DR-30-05 MOD3 - Installation Of Smooth Wire Fence In Laguna Pointe Subdivision Common Lot 35r,
BEFORE TFIE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
INSTALLATION OF A SMOOTH WIRE FENCE )
WITHIN LAGUNA POINTE SUBDIVISION )
COMMON LOT 35 FOR LAGUNA POINTE )
HOMEOWNERS' ASSOCIATION, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -30 -05 MOD3
The above - entitled design review application came before the Eagle Design Review Board for their action
on January 28, 2016. 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:
Laguna Pointe Homeowners' Association, Inc., represented by Nicole Hancock with Stoel
Rives, is requesting a modification to the subdivision's design review approval to allow for the
installation of a smooth (barbless) wire fence with metal t -posts (approximately 4,375 -feet in
length) within Common Lot 35 along the south side of the pathway along the south side of the
Boise River. The HOA requests an option to place up to 2 additional strands of barbed wire on
the back (south) side of the fence (facing the subdivision common area) to further deter
trespassers. The subdivision is located on the east side of South Eagle Road approximately 800 -
feet north of East Colchester Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 15, 2015. The application
was officially accepted on December 22, 2015, following the District Court's final ruling on DR-
30-05 MOD2.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2004, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Laguna Pointe PUD (A -2-
03 /RZ -2 -03 /CU -5 -03 /PPUD -1 -03 /PP -3 -03) .
On June 28, 2005, the Eagle City Council approved the Laguna Pointe Subdivision design review
application (DR- 30 -05).
On June 20, 2006, the Eagle City Council approved a final development plan and final plat
application for Laguna Pointe Subdivision (FPUD -1 -06 and FP- 2 -06).
On January 9, 2007, the Eagle City Council approved the Entry Feature and Monument Sign for
Laguna Pointe Subdivision (DR- 109 -06).
On February 12, 2008, the Eagle City Council approved a design review sign application
modifying the entry signage for Laguna Pointe Subdivision (DR- 109 -06 MOD).
On September 16, 2014, the City of Eagle and the Laguna Pointe Homeowners' Association, Inc.
Page 1 of 13
KAPlanning Dept\Eagle Applications\Dr\2005\DR -30 -05 MOD3 Laguna Smooth Wire Fence drf doc)c
entered into a settlement agreement regarding the provision of a permanent easement for the
public pathway located on Lot 35 (agreement attached hereto).
On January 27, 2015, the Eagle City Council approved a design review application to modify the
landscaping at the entrance to Laguna Pointe Subdivision (DR -30 -05 MOD).
On March 24, 2015, the Eagle City Council approved a design review application to allow for the
placement of a wrought iron fence within Common Lot 35 along the south side of the pathway
along the south side of the Boise River for Laguna Pointe Homeowners' Association, Inc. (DR-
30-05 MOD2).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. 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.
• Eagle City Code Section 8 -2A -6 (B)
Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator, the design review
board, and the city council, whichever the case may be, to determine the appropriateness of
such material.
• Eagle City Code Section 8 -2A -6 (B)(3) Fences:
a. Vinyl: integral color required;
b. Block (with columns);
c. Brick (with columns);
d. Wrought iron;
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8 -2A -7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
A. Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the following:
1. Boundaries, property lines, and dimensions.
Page 2 of 13
KAPlanning Dept\Eagle ApplicationADA2005OR -30 -05 MOD3 Laguna Smooth Wire Fence drf docx
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and spacing
and size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth berms, walls,
fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with all required
standards.
• Eagle City Code Section 8- 2A -10: APPLICATION REQUIREMENTS:
Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or
otherwise change the use of the building or structure in the design review overlay district, the
applicant must file an application, upon a form prescribed by the council, with the zoning
administrator. All application materials supplied or presented to the city including
presentation boards, materials boards and documentation are part of the public record and
shall become the property of the city. The applicant may be required to supply the city with
colored photos of the presentation boards if determined by the zoning administrator. The size
of the photos shall be determined by the zoning administrator and the boards may be returned
to the applicant if the photos are provided to the city.
Design review applications for any commercial building larger than one hundred twenty
(120) square feet shall be prepared by or under the responsible control of a licensed architect,
unless exempted under Idaho Code, section 54- 309(2), with said plans to be duly stamped to
clearly identify the preparer.
Applications shall be accompanied by appropriate architectural and site development plans as
may be required by the zoning administrator and in accordance with the requirements set
forth in this article. The plans shall be legible, to scale and shall include, at a minimum:
A. Site Plans Showing:
1. Roofline and foundation plan of building, located on the site;
2. Location of existing trees and structures, if any;
3. Location and dimensions of streets and highway designations;
4. Location and dimensions of off street parking and loading facilities;
5. Location and dimensions of points of entry and exit for vehicles and internal
circulation patterns;
6. Location of walls and fences and indication of their height and material of
construction;
7. Exterior lighting standards and devices including detailed cut sheets and
photometric plan (pedestrian, vehicle, security, decoration);
8. Landscape plan;
9. Scale and north arrow;
10. Location and designation of all rights of way and property lines.
B. Architectural Plans Showing:
Page 3 of 13
KAPlanning DeptT -4e ApplicationADA200RDR -30 -05 MOD3 Laguna Smooth Wire Fence drf.doex
1. Building materials;
2. Four (4) elevations to include all sides of development. Perspectives, models or
other suitable graphic materials may be submitted at the option of the applicant and
if determined by the zoning administrator;
3. Proposed color schemes of entire building, including roof,
4. Site photographs (snapshots) of the site itself and adjacent properties to
intersections;
5. Color and texture chips of actual samples of materials may be submitted at the
option of the applicant and as may be required by the zoning administrator;
6. Scale drawings of all signs showing size, material, text or other graphic symbols,
colors and illumination; and
7. Scale drawings showing the placement and size of all roof mounted mechanicals
and the screening of such equipment by a parapet wall or within the roof system.
C. Engineered Grading And Drainage Plans:
1. A generalized drainage plan showing direction drainage with proposed on site
retention.
2. Upon submittal of building/construction plans for an approved design review
application, a detailed site grading and drainage plan, prepared by a registered
professional engineer (PE) or licensed landscape architect (ASLA), shall be
submitted to the city for review and approval by the city engineer.
3. a. Upon the completion of the site grading and drainage structure installation, or
other improvements subject to city engineer approval, a written certification of
completion shall be prepared by the registered professional engineer (PE) or
licensed landscape architect (ASLA) responsible for the plan. The certification of
completion shall state that the installation of all drainage improvements are in
substantial compliance with the city approved drainage plan. This certification shall
be submitted prior to the issuance of a certificate of occupancy and is required as a
part of, and not in lieu of, the inspections performed and certificates issued by the
city.
b. In the event that deficiencies are present after the site grading and drainage
structure installation, or other improvements subject to city engineer approval, the
registered professional engineer (PE) or licensed landscape architect (ASLA) shall
prepare and file with the city a report noting the deficiencies in the installation. The
city will not accept the certification of completion, or issue a certificate of
occupancy, until the registered professional engineer (PE) or licensed landscape
architect (ASLA) has verified that the deficiencies have been corrected.
D. Existing Structures And Sites: Applications involving conversion, remodeling,
restoration, renovation, enlargement, or expansion of existing structures or sites shall
contain information sufficient in content and detail so that the design review board and/or
zoning administrator may be assured the applicant complies with the provisions of this
article.
• Eagle City Code Section 8- 2A- 13(C):
Appeals: Administrative level applications may be appealed to the design review board and
design review board actions may be appealed to the city council. An appeal fee, as may be
Page 4 of 13
KAPlanning Dept\Eagle ApplicationADA20050R -30 -05 MOD3 Laguna Smooth Wire Fence drf.docx
adopted by resolution of the city council, shall be required for any appeal. Appeals shall
comply with the following:
1. Any such appeal shall be submitted within ten (10) calendar days after the decision by
filing with the administrator a notice of appeal specifying the grounds for the appeal. The
administrator shall transmit to the appellate body, either the design review board or the
city council, all documents constituting the record upon which the appeal is based. An
appeal stays all proceedings in furtherance of the action taken.
2. Within seven (7) calendar days after receipt of an appeal, the zoning administrator
shall fix a date for the application to be heard and shall notify the appealing party and
applicant, if not the appealing party, with no further notification being required.
3. The grounds for the appeal may address, but is not limited to, the following:
a. Inconsistency with the required findings specified within subsection B of this
section;
b. Inconsistency with the purpose and objectives of this article;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention of an allowed land use;
f. Undue interference with the design integrity of the proposal;
g. Prohibition or unwarranted restriction of building type or material;
h. Violation of law.
4. The appellate body, either the design review board or the city council, shall either
approve, approve with supplementary conditions, or deny the design review application
as presented and shall adopt findings as required within subsection B of this section.
Within seven (7) calendar days after a written decision has been rendered by the city
council, the zoning administrator shall provide the applicant with written notice of the
action on the request.
• Eagle City Code Section 8- 2A -16: MODIFICATIONS:
After approval of a design review application, the applicant may request a modification(s) to
the approved development plans or conditions. Such request shall be made upon an
application form prescribed by the council and shall be determined pursuant to the standards
set forth in this article.
A. Administrative Level Approvals: The zoning administrator is authorized to approve all
modifications to approved design review applications except for those listed in
subsections B and C of this section.
B. Board Level Approvals: The following modifications to an approved design review
application shall require approval from the design review board:
1. Any change that may impact an adjoining residential neighborhood.
2. Any requests that, in the opinion of the zoning administrator, would significantly
alter the approved design of the site and/or building(s) in a manner such that design
review board review and approval should be required.
C. City Council Approvals: City council approval is required for any request to change or
delete a condition of approval which was established by the council as part of their
Page 5 of 13
KAPlanning Dept\Eagle ApplicationADA200ADR -30 -05 MODS Laguna Smooth Wire Fence drf docx
approval of any design review application which was appealed to the city council for
their action.
D. Appeal: Any action on a modification to an approved design review application by
either the zoning administrator or design review board may be appealed in accordance
with subsection 8- 2A -13C of this article.
E. Failure To Obtain Approval: Failure of the applicant to obtain approval of any
modifications constructed contrary to the approved design review plans may result in the
requirement to reconstruct the development to comply with the original city approved
design review plan. The city will not issue a final occupancy or accept a certificate of
completion from the licensed architect or licensed landscape architect until the issue of
the modification has been resolved.
• Eagle City Code Section 8- 2A -17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS:
A. Building/Zoning Permits: The zoning administrator shall not issue a building/zoning
permit to any applicant from within the design review overlay district until the design review
application has been specifically approved in writing by the zoning administrator or design
review board and is in full compliance with this code.
• Eagle City Code Section 8- 2A -19: INSPECTION:
A. When Required: For any development that is the subject of a design review application,
the zoning administrator shall cause an inspection of the development to be performed to
verify that the development has been completed in accordance with the specifications set
forth in this title.
B. Certification Of Completion:
1. a. Upon the completion of a building, or any other improvement subject to design
review approval, the licensed architect responsible for the plan shall prepare and file with
the city a written certification of completion. The certification of completion shall state
that the construction of the building is in substantial compliance with the city approved
architectural plan. This certification shall be submitted prior to the issuance of a
certificate of occupancy and is required as a part of, and not in lieu of, the inspections
performed and certificates issued by the city.
b. In the event that deficiencies are present in the construction of the building, or any
other improvement subject to design review approval, the licensed architect shall prepare
and file with the city a report noting the deficiencies in the construction. The city will not
accept a certification of completion, or issue a certificate of occupancy, until the licensed
architect has verified that the deficiencies have been corrected.
c. The licensed architect may, at his discretion, appoint an authorized designee to certify
the project provided that the designee is a licensed architect.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS APPEAL:
• Eagle City Code Section 9 -3 -10 Fences:
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 subsection 8- 2A -7(J) of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
Page 6 of 13
KAPlanning Dept\Eagle Applieatic-ADr0005\DR -30 -05 MODS Laguna Smooth Wire Fenca drf.docx
areas. A section within the subdivision CC &Rs shall be created for the regulation of fences to
this effect.
• Eagle City Code Section 9- 4- 1 -6(D):
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6) to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be located
within a sixteen foot (16) wide pedestrian access easement, however, in an area where
low volume pedestrian traffic is anticipated, the council may consider a reduction in
pathway width to six feet (6). Regional pathways such as the Boise River greenbelt and
pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and
shall be located within a twenty foot (20') wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement
line) when used in conjunction with a meandering pathway, however, the total width of
the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path
and 8 feet on the other). For safety purposes, planting material in this area is limited to
three feet (3') in height. The landscape, fence and building regulations for this area shall
be indicated by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the "Design
Guide For Accessible Outdoor Recreation ", and the "Guide For The Development Of
Bicycle Facilities ", or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24 ") long by twenty four inches (24 ") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-
half inch (1/2 ") at ninety degrees (90 °) from the interior of the panel, spaced six inches
(6 ") apart. A minimum of nine (9) antilift tabs, three (3) each between the vertical ribs,
shall be integrated into each panel, measuring a minimum of 0.085 inch thickness and
protruding three- eighths inch (3/8 ") from the panel wall. An integrated joining system
shall be employed for instant assembly by sliding one panel into the other. An alternative
type barrier system of equal root penetrative resistance may be considered on a case by
case basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention, the following design standards will be
followed:
a. The use of "see through ", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
Page 7 of 13
KAPlanning Dept\Eagle App1ications\Dr\2005\DR -30 -05 MOD3 Laguna Smooth Wire Fence drEd-
b. Adequate lighting may be provided as determined by Eagle city council and may
be owned and maintained by the city of Eagle once the path is turned over to the city
for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to major
public open space that require vehicular parking, the council may request the developer to
designate land to be purchased and maintained by the appropriate public authority for
public parking. Buffering of surrounding residential uses shall be considered in the area
for purchase.
D. DISCUSSION:
0 The applicant is requesting approval of a modification to the subdivision's design review approval
to allow for the placement of a smooth (barbless) wire fence with metal t -posts (approximately
4,375 -feet in length) within Common Lot 35 along the south side of the pathway along the south
side of the Boise River. Two additional strands of barbed wire are proposed to be attached to the
back (south) side of the fence (facing the subdivision common area) to further deter trespassers.
Pursuant to the applicant's justification letter, the purpose of the fence is to improve the safety and
security of the residents, delineate between the public easement and private common areas and
homes, protect Laguna Pointe property from vandalism, trespassing, and poaching, maintain flood
plain protection, and protect wetlands. Also, as noted within the applicant's justification letter, the
Settlement Agreement entered into between the Laguna Pointe Homeowners' Association, Inc. and
the City of Eagle, addressed the installation of landscaping and fencing by the Laguna Pointe
Homeowners' Association, Inc., to protect the privacy and security of the homeowners, promote
the safety of trail users, and prevent trespassing by the public.
As noted in Eagle City Code Section 8 -2A -6 (B)(3), smooth (barbless) wire fencing with metal t-
posts is not listed as an approved fence style, nor is it specifically prohibited. Pursuant to Eagle
City Code, if a material proposed for construction is not listed, it shall be upon the discretion of the
zoning administrator, the design review board, and the city council, whichever the case may be, to
determine the appropriateness of such material.
In exercise of the above -noted discretion and in light of the parties settlement agreement, staff
recommends the use of wood posts instead of the existing metal t -posts to provide a more natural
fence style that blends with the rural, wooded, and serene environment of the river corridor. Several
wood posts which were previously installed exist near the west end of the fence project (see photos
labeled Picture 1 -3, attached hereto). A continued use of wood posts will help to provide a more
aesthetically pleasing boundary between the pathway and the Laguna Point common area.
Replacing the metal posts with the wood posts will accomplish the efforts of the settlement
agreement and will protect the privacy and security of the homeowners, promote the safety of trail
users, and prevent trespassing by the public.
While Eagle City Code Section 8 -2A -6 (B)(3) prohibits the use of fir and cedar fencing, it is staff's
understanding that this prohibition was created to disallow cedar and fir pickets from being used as
the sight - obscuring portion of a fence due to the high maintenance challenges associated with wood
pickets. The use of wood posts do not pose the same maintenance challenges commensurate with
the pickets used in a standard six foot (6') backyard fence and, therefore, may be considered for
use in this application. Additionally, wood posts have previously been approved by the City for use
within subdivision common areas as the vertical element used to hold the individual panels of
wrought iron fencing.
Page 8 of 13
KAPlanning Dept\Eagle ApplicationADA2005OR -30 -05 MOD3 Laguna Smooth Wire Fence drf docx
In a previous fence installation at this location, the applicant utilized round, metal reinforcing posts
(welded together) to strengthen the fence at corners, certain radaii points, and at each end of the
fence (see photos labeled Picture 4 -8, attached hereto). The continued use of these reinforcement
posts for fence stabilization is permitted. However, the metal post structure located at the east end
of the project should be removed (see photo labeled Picture 8, attached hereto). If the metal
reinforcing post structure is needed for fence stabilization then it shall be moved to the south and
placed on the easement line within 60 -days of the final approval of this design review application.
The applicant should be required to provide a revised plan showing the use of wood posts with
smooth wire fencing (with option for up to two strands of barbed wire on the back (south) side of
the fence — that portion facing the subdivision's common area) prior to the issuance of a zoning
permit. Due to safety concerns by users, the optional strands of barbed wire should be suspended a
minimum of 5- inches from the back of the fence post using a device, similar to the device submitted
with the application materials, commonly referred to as a "Wood Post Extender Insulator" or
similar device. The plan should also show the specific location of the placement of the wood posts
to verify their placement on the southern edge of the pathway easement. A zoning permit is required
prior to the installation of the fence.
The chain link fence located on the south side of the pathway near the middle of the project (see
photo labeled Picture 9, attached hereto) may remain.
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 January 28, 2016,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 3 to 2 (Brasher and Baer against) to approve DR -30 -05 MODS for a design
review application to install a smooth (barbless) wire fence with metal t -posts (approximately
4,375 -feet in length) within Common Lot 35 along the south side of the pathway along the south
side of the Boise River for Laguna Pointe Homewoners' Association, Inc., with the following
staff recommended site specific conditions of approval and standard conditions of approval with
text shown with strike thru to be deleted by the Board and text shown with underline to be added
by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised plan showing the use of wood posts with smooth wire fencing prior to the issuance
of a zoning permit. The plan shall show the specific location of the placement of the wood posts to
verify their placement on the southern edge of the pathway easement prior to the issuance of a zoning
permit.
2. The option of using one or two strands of barbed wire on the back (south) side of the fence — that portion
facing the subdivision's common area is prohibited with or without standoffs. wed- Poe -€e
materials, eeneems by users, the optional stfands ef bar-bed wir-e shall be suspended a Ffliflifflufff ef 5 ifiehes ffem
Page 9 of 13
KAPlanning Dept\Eagle Applications�Dr12005\DR -30 -05 MODS Laguna Smooth Wire Fence drf docx
3. The applicant shall remove all metal t -posts within 30 -days of the final approval of this design review
application.
4. The use of round, metal reinforcing posts (in their current location, except for the eastern -most post
structure) is permitted.
5. The applicant shall remove the round, metal reinforcing post structure located at the east end of the
project. If the metal reinforcing post structure is needed for fence stabilization then it shall be moved
to the south and placed on the easement line within 60 -days of the final approval of this design review
application.
6. The chain link fence located near the middle of the fence project may remain.
7. A zoning permit is required prior to fence installation.
8. The use of t -posts is allowed where the installation of wood posts is prohibited by the rocks used in
the construction of the levy The sharp edges of the t -posts shall be covered with caps or covers or
have wood posts placed in front of the t- posts.
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
Page 10 of 13
KTIanning Dept\Eagle ApplicationsWA200RDR -30 -05 MOD3 Laguna Smooth Wire Fence drf docx
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
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.
Page 11 of 13
KAPlanning Dept\Eagle ApplicationsDA2005TR -30 -05 MODS Laguna Smooth Wire Fence drf.docx
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
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.
Page 12 of 13
KAPlanning DeptTagle Applications0r\2005\DR -30 -05 MOD3 Laguna Smooth Wire Fence drf docx
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 September 15, 2015. The application
was officially accepted on December 22, 2015, following the District Court's final ruling on DR -30 -05
MOD2.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -30 -05 MOD3) 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.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R- 2 -DA -P and R- E -DA -P (residential two with a development agreement and residential estates
with a development agreement) zoning district.
DATED this 11 ' day of February 2016.
DESIGN MVIEW
OF THE T OF
Ada Co daho
Robert Grubb,
A -I -TEST:
Sharon K. Bergmann, Eagle Cit Clerk
•••����N��IIII,,I
.O`er off,? 0 * �-
•V
%f.���tTgtP(1RP�i��•��
I age
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 13 of 13
K \Planning Dapt\Eagle App1icationa\Dr\2005\DR -30 -05 MOD3 Laguna Smooth Wire Fence drfd-