Findings - DR - 2016 - DR-30-13 MOD2 - Construct A Pool And Poolhouse In Hcr Level 3 Subdivision No 2BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A POOL AND POOL HOUSE WITHIN HCR/
LEVEL 3 SUBDIVISION NO.2 FOR HOME
CAPITAL RESOURCES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -30-13 MOD2
The above -entitled design review application came before the Eagle Design Review Board for their action
on July 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:
Home Capital Resources, represented by Jeff Likes with ALC Architecture, is requesting design review
approval to construct a 500 -square foot pool house and pool with associated fencing and landscaping
within HCR/Level 3 Subdivision No. 2. The 0.42 -acre site is located on the northeast corner of West
River Springs Street and South River Creek Avenue on Lot 7, Block 4, HCR/Level 3 Subdivision No.
2.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 9, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 13, 2016, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 23, 2013, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County Designation) to R -4 -DA -P (Residential - four units per acre with a
development agreement — planned unit development), R -4 -DA -P (Residential - four units per acre with
a development agreement — PUD), conditional use, preliminary development plan, and preliminary plat,
for HCR/Level 3 Planned Unit Development for this site. (A-04-12/ RZ-06-12/CU-05-12/PPUD-03-
12/PP-04-12)
On July 25, 2013, the Design Review Board approved a design review application for the common area
landscaping for HCR/Level 3 Subdivision for Home Capital Resources (DR -30-13).
On September 24, 2013, the City Council approved a final development plan and final plat for
HCR/Leve13 Subdivision Phase 1 for Level 3 Development, LLC (FPUD-04-13/FP-13-13).
On February 11, 2014, the City Council approved a final plat modification for Level 3 Subdivision No.
1 (aka River Walk Subdivision) for Level 3 Development LLC (FP -13-13 MOD).
On July 11, 2014, the HCR/Level 3 Subdivision Phase 1 final plat was recorded at the Ada County
Recorder's office.
On July 14, 2015, the City Council approved a final development plan and final plat for HCR/Level 3
Subdivision No. 2 for Home Capital Resources (FPUD-06-15/FP-07-15).
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On January 19, 2016, the HCR/Level 3 Subdivision Phase 2 final plat was recorded at the Ada County
Recorder's Office.
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 has been developed with curb, gutter, and sidewalk
as part of HCR/Level 3 Subdivision No. 2.
I. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a pool house.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately sixteen foot (16') high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed pool house is approximately 500 -square feet.
On and Off -Site Circulation: N/A
J. BUILDING DESIGN FEATURES:
Roof: Metal (Copper)
Walls: Horizontal siding (brown), Cultured stone (dark brown), rough sawn timbers (stained brown)
Windows/Doors: Metal doors and windows (brown)
Fascia/Trim: Rough sawn timbers (stained brown)
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use, Residential
R -4 -DA -P (Residential
maximum four units/acre with
Pool and Pool House with
One, and Scenic Corridor
a development agreement and
HCR/Level 3 Subdivision
a planned unit development)
No. 2
Proposed
No Change
No Change
No Change
North of site
High Density Residential
MU -DA (Mixed Use with a
The Preserve Planned Unit
development agreement) and
Development (Eaglefield
RUT (Ada County
Estates Subdivision)
Designation)
South of site
Residential Estates and
RUT (Ada County
Boise River
Floodway
Designation)
East of site
Mixed Use and
MU -DA (Mixed Use with a
Proposed Bel Air
Residential One
development agreement)
Apartments
West of site
Mixed Use, Residential
RUT (Ada County
Proposed HCR/Level 3
One, and Scenic Corridor
Designation)
Subdivision No. 3
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk
as part of HCR/Level 3 Subdivision No. 2.
I. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a pool house.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately sixteen foot (16') high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed pool house is approximately 500 -square feet.
On and Off -Site Circulation: N/A
J. BUILDING DESIGN FEATURES:
Roof: Metal (Copper)
Walls: Horizontal siding (brown), Cultured stone (dark brown), rough sawn timbers (stained brown)
Windows/Doors: Metal doors and windows (brown)
Fascia/Trim: Rough sawn timbers (stained brown)
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K. 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.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
L. TRASH ENCLOSURES: N/A
M. MECHANICAL UNITS:
All mechanical units are to be located within the mechanical room of the pool house. No exterior
mechanical units are proposed and none are approved.
N. 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.
O. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
P. 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.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — yes — located adjacent to the Boise River and will be left
undisturbed.
Evidence of Erosion — no
Fish Habitat — yes — Boise River
Floodplain — yes — Boise River
Mature Trees — yes — located in proximity to the northeast corner of the site and adjacent to the Boise
River
Riparian Vegetation — yes — located adjacent to the Boise River
Steep Slopes — no
Stream/Creek — yes — Boise River
Unique Animal Life — unknown
Unique Plant Life — yes — riparian area located adjacent to the Boise River and existing ponds
Unstable Soils — unknown
Wildlife Habitat — yes — located adjacent to the Boise River
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
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U. 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
Tesoro Logistics NW Pipeline
V. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 1 unit per 1 acre.
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. 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.
C. DISCUSSION:
The applicant is requesting design review approval to construct a pool house and pool on Lot 7,
Block 4, HCR/Level 3 Subdivision No. 2. The pool house will have bathrooms, changing areas,
and a mechanical room. The application indicates a 6 -foot high black wrought iron fence is
proposed around the perimeter of the pool. The applicant should be required to provide detailed
cut sheets showing the style of wrought iron fence to be installed around the perimeter of the pool
area. The detailed cut sheets should be reviewed and approved by staff prior to the issuance of a
zoning certificate.
• The sidewalks to the pool house, access to the pool, and landscaping around the pool area shown
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on sheets Al.1 and L1.01, date stamped by the City on June 9, 2016, do not coordinate. The
applicant should be required to provide revised site and landscape plans showing the sidewalks to
the pool area, to the roll -up door and man door (located within the mechanical room), and around
the pool house coordinate, along with the landscaping around the perimeter of the pool area. The
revised site and landscape plans should be reviewed and approved by staff prior to the issuance of
a zoning certificate.
• The floor plan shown on sheet Al. 1, date stamped by the City on June 9, 2016, shows a man door
to be located on north side of the building; however, the elevation plans do not show a man door
on the north building elevation. The applicant should be required to provide revised elevation
plans showing the man door proposed on the north building elevation. The revised elevation plan
should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• Sheets Al.1 and L1.01, date stamped by the City on June 9, 2016, show a trellis structure to be
located on the south side of the pool within the fenced area of the pool area. The applicant should
be required to provide detailed elevation plans showing the style, size, height, materials, colors,
etc. of the trellis structure to be located south of the pool within the pool area. The revised
elevation plans should be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on July 14, 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 5 to 0 (Grubb and Schafer absent) to approve DR -30-13 MOD2 for a design review
application to construct a pool and pool house for HCR/Level 3 Subdivision No. 2 for Home Capital
Resources, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
L Comply with all applicable conditions of DR -30-13 and DR -30-13 MOD.
2. Provide detailed cut sheets showing the style of wrought iron fence to be installed around the
perimeter of the pool area and that the height complies with applicable codes. The detailed cut sheets
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
3. Provide revised site and landscape plans showing the sidewalks to the pool area, to the roll -up door
and man door (located within the mechanical room), and around the pool house coordinate, along
with the landscaping around the perimeter of the pool area. The revised site and landscape plans shall
be reviewed and approved by staff prior to the issuance of a zoning certificate.
4. Provide revised elevation plans showing the man door proposed on the north building elevation. The
revised elevation plan shall be reviewed and approved by staff prior to the issuance of a zoning
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certificate.
5. Provide detailed elevation plans showing the style, size, height, materials, colors, etc. of the trellis
structure to be located south of the pool within the pool area. The revised elevation plans shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of
a zoning certificate.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide revised elevation plans showing the specific material to be used on the roof of the pool house
Provide material samples and colors to be used in the construction of the pool house The revised
plans, material samples, and colors shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate
14. Provide a revised site plan showing building lighting to be located over the cluster mail box area and
over the entrance to the restrooms. Provide detailed cut sheets showingthe he style wattage luminaires
etc. of the lighting to be used. The revised site plan and detailed cut sheets shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
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 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.
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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.
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 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
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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
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
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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 -30-13 MOD2) 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 -P (residential maximum four units/acre with a development agreement and a planned
unit development) zoning district.
DATED this 28`s day of July 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Chairman
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Sharon . Bergmann, Eagle City Clerk , •���'•"••'•'•��•••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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