Findings - DR - 2016 - DR-20-16 - Common Area Landscaping In Crestpoint Place SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR THE COMMON AREA
LANDSCAPING WITHIN CRESTPOINT PLACE
SUBDIVISION FOR NORTHSIDE MANAGEMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -20 -16
The above - entitled design review application came before the Eagle Design Review Board for their action
on April 14, 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:
Northside Management, represented by Scott Noriyuki, is requesting design review approval of the
common area landscaping within Crestpoint Place Subdivision. The 7.71 -acre site is located on the
southwest corner of South Edgewood Lane and Hill Road at 103 South Edgewood Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 14, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 15, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The parcel in question was originally included as part of the Downtown Eagle Plan and was proposed
to be changed from Residential Three (up to three units per acre) to Downtown. In 2011, the Eagle
City Council removed the property from the Downtown Plan stating it should be developed as
residential to provide a buffer to the existing residential uses to the south and the proposed Hill Road
Extension along the northern boundary of the site.
On July 28, 2015, the City Council approved a Comprehensive Plan Map amendment from Residential
Three to Mixed Use and a rezone from A (Agricultural) to MU -DA (Mixed Use with a development
agreement [in lieu of a PUD]) for JLG -5, LLLP (CPA- 03- 15/RZ- 03 -15).
On January 12, 2016, the City Council approved a preliminary plat application for Crestpoint Place
Subdivision (PP- 09 -15).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
I. SITE DATE:
Total Acreage of Site — 7.71 -acres
Total Number of Lots — 52
Total Number of Units — 43
Residential — 43
Commercial — 0
Industrial — 0
Common — 9
Single - family — 43
Duplex — 0
Multi- family — 0
Total Acreage of Any Out - Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing landscaped buffers located adjacent to the northern property line located
adjacent to East Hill Road and the east property line located adjacent to North Edgewood Land which
are classified as collectors. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty -five foot (35')
wide buffer area with a minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided
within these buffer areas.
Open Space:
A total of 2.12 -acres of open space is proposed within the residential subdivision. The common areas
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with a
Single - Family Residence and
development agreement)
Agriculture
Proposed
No Change
No Change
Single - Family Residential
Subdivision
North of site
Downtown
A (Agricultural)
Single - family Residence and
Agriculture
South of site
Residential Four
R -4 (Residential)
Single - Family Residential
(Empire Estates Subdivision)
East of site
Residential Four
R-4 (Residential)
Single - Family Residential
( Edgewood Estates and
Patterson Subdivisions)
West of site
Public /Semi - Public
PS (Public /Semipublic)
School (Eagle
Academy)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 — 7.71 -acres
Total Number of Lots — 52
Total Number of Units — 43
Residential — 43
Commercial — 0
Industrial — 0
Common — 9
Single - family — 43
Duplex — 0
Multi- family — 0
Total Acreage of Any Out - Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing landscaped buffers located adjacent to the northern property line located
adjacent to East Hill Road and the east property line located adjacent to North Edgewood Land which
are classified as collectors. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty -five foot (35')
wide buffer area with a minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided
within these buffer areas.
Open Space:
A total of 2.12 -acres of open space is proposed within the residential subdivision. The common areas
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are proposed to contain the required buffer areas adjacent to the collectors, an open space lot (Lot 11,
Block 2), three (3) common driveways, and a lot (Lot 1, Block 3) located adjacent to West Avatecasa
Way. The open space lot is proposed to contain pathways and a gazebo.
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 &Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9 -3 -6 requires utility easements to be not less than 12 -feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned
unit development (PUD). The property is approved for a MU -DA (Mixed Use with a development
agreement) zoning designation and the applicant requested the development agreement in lieu of a PUD
pursuant to Eagle City Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System (yes or no) — Yes
The existing home is currently served by a septic system and will be permitted to remain on the septic
system pursuant to the development agreement. The applicant is required to provide a stub -out for
public water and sewer service to the existing home prior to the City Clerk signing the final plat.
Preservation of Existing Natural Features:
Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The site has
mature trees located in proximity to the existing residence. The developer is not proposing to remove
the existing trees.
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 existing trees located in proximity to
the existing residence. The applicant is proposing to retain the 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.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
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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:
Preliminary approval letters from Central District Health and Eagle Fire Department have been
received by the City. A water service approval has not been received to date. Approval of the water
company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — located in proximity to the existing residence.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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:
Central District Health Department
Eagle Fire Department
Idaho Transportation
Republic Services
Sawtooth Law (on behalf of Drainage District No. 2)
Tesoro Logistics NW Pipeline
West Ada School District
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:
A Comprehensive Plan Map Amendment (CPA- 03 -15) was approved for the site. The
Comprehensive Plan Map was amended from Residential Three to Mixed Use.
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. An allowable density
of up to 20 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. 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.
3.8 Owner shall submit a design review application showing the required thirty -five foot (35') wide
buffer area located within a common lot adjacent to East Hill Road. The required thirty -five foot
(35') wide buffer area located within a common lot adjacent to Edgewood Lane shall be reduced
to twenty feet (20') in width and plantings that are typically required within a thirty -five foot
(35') wide buffer area shall be reduced so that the twenty foot (20') wide buffer area is not over
planted. Details shall be provided to the Design Review Board showing that the height of the
berm located adjacent to Edgewood Lane will not create a water drainage impact to the building
envelopes. The design review application shall be reviewed and approved by the Design Review
Board prior to submittal of a final plat application.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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 generally at each side property line, or as approved by the Design Review
Board. The trees shall be located in a 6 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. The street trees shall be planted with root barriers installed pursuant to Eagle
City Code Section 8- 2A- 7(E)(3) and 94-1- 6(13)(5), to protect the sidewalks. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal
of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any
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construction on the site.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 6(A)(5) Utilities:
Utility service systems shall not detract from building or site design. Cable, electrical, and
telephone service systems shall be installed underground.
• 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)(5) Common Area Landscapes:
New residential subdivision common area landscapes shall be comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.
• Eagle City Code Section 8- 2A- 7(J)(6) Design Considerations for Residential Developments:
a. For design flexibility, half of the required shade trees may be substituted on a two to one (2:1)
basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and attractive views.
Open fences, decorative walls, and berms may be used. Height changes, offset angles,
different materials, and other design techniques are required so as to create variety.
• Eagle City Code Section 8- 2A -7(M) Parkway Strips, Separated Sidewalks, and Street Trees:
1. 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.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Crestpoint Place Subdivision, a 7.71 -acre development with 52 -loots (43- buildable and 9-
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common) residential development. The applicant is proposing to use a 4 -foot high wrought iron
fence adjacent to the common/open areas. Street trees with separated sidewalks are proposed
throughout the development and comply with that which is required within the preliminary plat
approval (PP- 09 -15). Open space is proposed adjacent to the drainage ditch located along the
southwestern boundary of the development. Pathways, benches, a pergola structure with a picnic
table are proposed to be located throughout the open space.
Sheet L1.1, date stamped by the City on March 14, 2016, shows the pathways located within the
open space adjacent to the drainage ditch to be five feet (5') in width. Pursuant to the preliminary
plat, the pathways were approved by the Council to be a minimum of six feet (6') in width. The
applicant should be required to provide a revised landscape plan showing the width of the
pathways within the open space to be a minimum of six feet (6') in width. The revised landscape
plan should be reviewed and approved by staff prior to the City Clerk signing the final plat.
Pursuant to the development agreement the buffer along East Hill Road was permitted to be
reduced from thirty -five feet (35') to twenty feet (20') in width and the plantings typically
required within a thirty -five foot (35') wide buffer area were permitted to be reduced so that the
twenty foot (20') wide buffer area is not over planted. Sheet L1.1, date stamped by the City on
March 14, 2016, shows the required plantings that are typically required within a thirty -five foot
(35') wide buffer area. Staff defers comment regarding the proposed landscaping along East Hill
Road to the Design Review Board.
There are overhead utilities located along the west side of South Edgewood Lane. The plans do
not indicate the overhead utilities being located underground. Pursuant to Eagle City Code,
cable, electrical, and telephone service systems shall be installed underground. The applicant
should be required to provide revised civil and landscape plans showing all overhead powerlines,
cable, and telephone service systems to be installed underground for the entire frontage of this
development. The revised civil and landscape plans should be reviewed and approved by staff
prior to the City Clerk signing the final plat.
• A sewer lift station is proposed to be located along East Hill Road near the southwest corner of
South Edgewood Lane and East Hill Road. The applicant should be required to provide detailed
elevation plans showing the architectural style, colors, and materials of the proposed sewer lift
station proposed near the southwest corner of South Edgewood Lane and East Hill Road. The
elevation plans 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 landscape plan shows a separated sidewalk proposed along South Edgewood Lane with no
street trees proposed in the eight foot (8') landscape area between the edge of South Edgewood
Lane and the five foot (5') wide sidewalk. The applicant should be required to provide a revised
landscape plan showing street trees to be planted in the landscape are between the back of curb of
South Edgewood Lane and the five foot (5') wide sidewalk. The street trees should be planted a
minimum of thirty -five feet (35') on center. 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.
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 April 14, 2016, at
which time the Board made their decision.
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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 4 to 0 (Grubb, Hash, and Schafer absent) to approve DR -20 -16 for a design review
application for the common area landscaping within Crestpoint Place Subdivision for Northside
Management, 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 RZ- 11 -15.
2. Comply with all applicable conditions of PP- 06 -16.
3. Provide a revised landscape plan showing the width of the pathways within the open space to be a
minimum of six feet (6') in width. The revised landscape plan shall be reviewed and approved by
staff prior to the City Clerk signing the final plat.
4. Provide revised civil and landscape plans showing all overhead powerlines, cable, and telephone
service systems to be installed underground for the entire frontage of this development. The revised
civil and landscape plans shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
5. Provide detailed elevation plans showing the architectural style, colors, and materials of the proposed
sewer lift station proposed near the southwest corner of South Edgewood Lane and East Hill Road.
The elevation plans shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
6. Provide a revised landscape plan showing street trees to be planted in the landscape are between the
back of curb of South Edgewood Lane and the five foot (5') wide sidewalk. The street trees shall be
planted a minimum of thirty -five feet (35') on center. 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.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. No signs are proposed with this application and none are approved. A separate design review
application is required prior to any signs being constructed for this development.
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
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Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
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.
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The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single - family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 - square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
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KAPlanning Dept\Eagle ApplicationADA2016DR -20 -16 Crestpoint Place Sub LS drf.docx
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground- mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 20 -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 MU -DA (mixed use with development agreement) zoning district.
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KAPI —ing Dep1\Eag1, Applicatiom\DrUOMDR -20 -16 C—point Place Sub IS drf.ducz
DATED this 28' day of April 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
4
Chairman
G1�o�QORq I
• V 4w• * i
ATTEST: * S $ E pL
Sharon . ergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
KAPlanning DepMagle Appltca[ ton WA20MDR -20 -16 C —npomt Place Sub LS drf.docx