Findings - DR - 2016 - DR-08-16 - Common Area Landscaping In Shadowbluff SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA LANDSCAPING
WITHIN SHADOWBLUFF SUBDIVISION
FOR ENVISION HOMES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -08 -16
The above - entitled design review application came before the Eagle Design Review Board for their action
on March 10, 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:
Envision Homes, represented by Chad Olsen, is requesting design review approval to construct the
common area landscaping within Shadowbluff Subdivision. The 4.35 -acre site is generally located on
the west side of North Horseshoe Bend Road approximately a' /a -mile south of the intersection of East
Floating Feather Road and North Horseshoe Bend Road at 10895 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 4, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 5, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone with development agreement
for Donna Weston (on September 14, 2013, the executed development agreement expired, Ada County
instrument #106161993) (A- 03- 06/RZ- 03 -06).
On July 10, 2007, the City Council approved the preliminary plat for Brutsman Subdivision a 17 -lot
(12- buildalbe, 1- existing, and 4- common) residential subdivision (PP- 02 -06).
On July 15, 2008, the City Council approved an extension of time for the preliminary plat for Brutsman
Subdivision for Litton Loan Servicing represented by Russell Stanley. The extension of time was valid
until July 10, 2009 (EXT- 13 -08).
On October 13, 2009, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2010 (EXT -14-
09).
On September 14, 2010, the City Council approved a conditional use permit for a private school facility
for La Mia Terra, LLC (CU- 03 -10).
On October 26, 2010, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2011 (EXT -05-
10).
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On October 13, 2015, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Shadowbluff Subdivision (CU- 05- 15/PPUD- 02- 15/PP- 06 -15).
On October 13, 2015, the City Council approved a parcel division to divide the original parcel into two
(2) parcels (PD- 02 -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: The site is undeveloped.
I. SITE DATE:
Total Acreage of Site — 4.35 -acres
Total Number of Lots — 19
Total Number of Units - 15
Residential — 15
Commercial — 0
Industrial — 0
Common — 4
Single - family — 15
Duplex — 0
Multi- family — 0
Total Acreage of Any Out - Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Four
R -4 -DA (Residential with a
Vacant
development agreement)
Proposed
No Change
No Change
Single - Family Residential
Subdivision
North of site
Residential Four
R -4 -P (Residential — Planned
Single - Family Residential
Unit Development)
(Shadowview Subdivision)
South of site
Residential Four
R -4 -P (Residential — Planned
Single - Family Residential
Unit Development)
(Shadowridge Subdivision)
East of site
Residential Three
R2 (Residential -Ada County
Horseshoe Bend
Designation)
Road/Single- Family
Residential (Brenson
Subdivision)
West of site
Residential Four
R -4 (Residential)
State Highway 55 /Single-
Family Residential
(Echohawk Estates
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
I. SITE DATE:
Total Acreage of Site — 4.35 -acres
Total Number of Lots — 19
Total Number of Units - 15
Residential — 15
Commercial — 0
Industrial — 0
Common — 4
Single - family — 15
Duplex — 0
Multi- family — 0
Total Acreage of Any Out - Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
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The preliminary plat, date stamped by the City on July 21, 2015, shows a fifty -foot wide common lot
located adjacent to State Highway 55 (principal arterial) for the construction of the required landscaped
buffer area. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(c) a 75 -foot wide landscape strip is
required adjacent to principal arterials to protect residential communities from noisy, potentially
dangerous, high speed roads.
Open Space:
The proposed development includes 0.87 -acres of common area. The common area consists of 5,366 -
square foot area located within the right -of -way adjacent to State Highway 55, two (2) lots located
adjacent to the south side of Shawdowbluff Street, and a lot located at the eastern boundary of the
subdivision.
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:
The preliminary plat, date stamped by the City on July 21, 2015, does not note or delineate any
easements. 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
the planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System (yes or no) — Yes
The septic system is connected to the existing residence located at 10895 North Horseshoe Bend Road.
The applicant has submitted a Parcel Division application to divide the parcel where the home is located
from the subject parcel to be subdivided. The applicant is proposing to connect the existing residence
located at 10895 North Horseshoe Bend Road to the central sewer system being constructed to serve
the subdivision and subsequently abandon the existing 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. 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 site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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 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:
Eagle Fire Department
Idaho Transportation
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
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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:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 4 units per 1 acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 6(B)(2) Roofs:
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• 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 (J)(4)(c): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing.
The required buffer area width, plantings, and fencing are as follows:
c. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') 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:
six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental 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 ten foot (10') high, maximum twelve foot (12') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
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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- 4- 4 -2(A) Site Lighting:
6. Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
C. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Shadowbluff Subdivision, a 19 -lot (15- buildable, 4- common) residential subdivision. The
applicant is proposing street trees throughout the development, a landscape buffer along State
Highway 55, and a common lot in compliance with Eagle City Code.
• The landscape plan, date stamped by the City on February 4, 2016, shows the street scape on the
south side of Shadowbluff Street to have street trees planted every 70- linear feet (approximately)
and to have 1 -inch washed river rock placed within the 8 -foot wide planter strip. The fence
located on the south property line of this development is a wood fence installed by the
development to the south. On January 26, 2016, during the pre application meeting with the
applicant, staff suggested the applicant remove the proposed manicured lawn and try planting this
area with xeriscape landscaping that would not require overhead sprinklers that would hit the
wood fence over time leaving marks on the face of the fence. Staff expected to see plant material
planted within this area between the proposed street trees. The applicant should be required to
provide a revised landscape plan showing plant material to be planted between the street trees
located on the south side of Shadowbluff Street. The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the City Clerk
signing the final plat.
The applicant is proposing to construct a 196 - square foot picnic shelter to be located in the
common lot located at the eastern end of Shadowbluff Street. Sheet L2.0, date stamped by the
City on February 4, 2016, shows metal roofing is to be used on the structure. Pursuant to Eagle
City Code, if metal roofing is to be used, concealed fasteners are required to be used. The
applicant should be required to provide a revised elevation plan indicating the metal roofing to be
used on the picnic shelter is to have concealed fasteners. The revised elevation plan should be
reviewed and approved by staff prior to the City Clerk signing the final plat.
Sheet L1.1, date stamped by the City on February 4, 2016, shows a 400 -watt high pressure
standard shoebox light fixture is to be used for the street lights within the development. Pursuant
to Eagle City Code, a low pressure sodium light or 250 -watt maximum high pressure sodium
light is the only type of site lighting permitted. The applicant should be required to provide
revised plans showing the street light fixtures will not exceed 250 -watt high pressure sodium.
The revised plans should be reviewed and approved by staff prior to the City Clerk signing the
final plat.
• The subdivisions to the north and south of this proposed development (Shadowview and
Shadowridge Subdivisions) utilized a 6 -foot tall tan vinyl fence which included lattice on the top
of the fence on the east side of the berm along State Highway 44. Staff defers comment
regarding the vinyl fence to the Design Review Board.
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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 March 10, 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 6 to 0 (Hash absent) to approve DR -08 -16 for a design review application to construct
the common area landscaping within Shadowbluff Subdivision for Envision Homes, with the following
staff recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU- 05- 15/PPUD- 02- 15/PP- 06 -15.
2. Provide a revised landscape plan showing plant material to be planted between the street trees located
on the south side of Shadowbluff Street. 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.
3. Provide a revised elevation plan indicating the metal roofing to be used on the picnic shelter is to
have concealed fasteners. The revised elevation plan shall be reviewed and approved by staff prior to
the City Clerk signing the final plat.
4. Provide revised plans showing the street light fixtures will not exceed 250 -watt high pressure sodium.
The revised plans shall be reviewed and approved by staff prior to the City Clerk signing the final
plat.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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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
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.
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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.
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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 08 -16) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R -4 -DA (residential with a development agreement) zoning district.
DATED this 24' day of March 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
RobP�'t �ii�irman
ATTEST:
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�•�v gP0R,9��t�'
V- -4v, �4&� 1-1 09006009-
Sharon K. Bergmann, Eagle City Clerk •'•.,f C �OF��P.••'�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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