Findings - DR - 2016 - DR-37-16 - Common Area Landscaping In Overton Acres SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
)
FOR A DESIGN REVIEW FOR THE COMMON
)
AREA LANDSCAPING WITHIN OVERTON
)
ACRES SUBDIVISION VINCE KOUBA
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -37-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on July 28, 2016. The Design Review Board having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Vince Kouba, represented by Pat Tealey with Tealey's Land Surveying, is requesting design review
approval of the common area landscaping within Overton Acres. The 4.66 -acre site is located on the
west side of North -Locust Grove -Road approximately 980 --feet north of Chinden Boulevard at 3145
North Locust Grove Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 14, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 22, 2016, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 12, 2006, the Eagle City Council approved a rezone and preliminary plat application for
Overton Acres Subdivision (RZ-18-06/PP-17-06). The City Council findings of fact and conclusions
of law were adopted on January 9, 2007.
On January 9, 2008, the Overton Acres Subdivision preliminary plat expired.
On March 13, 2007, the Eagle City Council approved a design review application for the common area
landscaping within Overton Acres Subdivision (DR -02-07).
On March 14, 2008, the design review approval for Overton Acres Subdivision expired.
On February 25, 2014, the Eagle City Council approved a new preliminary plat application for Overton
Acres Subdivision (PP -14-13). The City Council findings of fact and conclusions of law were adopted
on March 11, 2014.
On March 11, 2015, the Overton Acres Subdivision preliminary plat expired.
On October 27, 2015, the City Council approved a preliminary plat extension of time until March 11,
2016.
On March 8, 2016, the City Council approved a modification to the preliminary plat to convert the
previously approved public street to a private street and to remove two (2) common lots (PP -14-13
MOD).
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E. COMPANION APPLICATIONS: None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There are numerous trees located along South Locust Grove
Road and around the existing house. The applicant is proposing to retain the trees located around the
existing house and most of the trees along South Locust Grove Road. There are a few cottonwood trees
along South Locust Grove Road that the applicant is proposing to remove.
I. SITE DATA:
Total Acreage of Site - 4.66 -acres
Total Number of Lots - 6
Total Number of Units - 4
Residential - 4
Commercial - 0
Industrial - 0
Common - 2
Single-family - 4
Duplex - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
J. BUILDING DESIGN FEATURES: N/A
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located throughout
the development that the applicant is proposing to retain. With the exception of any trees that are dead
and cottonwood trees located along South Locust Grove Road.
Tree Replacement Calculations: N/A
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
E3dsting
Residential One
R -1 -DA (Residential up to
one unit per acre with a
Residence with pasture
development agreement)
Proposed
Residential One
No Change
Residential
North of site
Residential One
R-1 (Residential up to one
Residential (Carlene
unit per acre)
Estates Subdivision)
South of site
Residential One
R-1 (Residential up to one
Residential (Spyglass
unit per acre)
Subdivision)
East of site
Residential One
R -1-P (Residential up to one
Residential (Banbury
unit per acre with a PUD)
Subdivision)
West of site
Residential One
R-1 (Residential up to one
Residential (Spyglass
unit per acre)
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There are numerous trees located along South Locust Grove
Road and around the existing house. The applicant is proposing to retain the trees located around the
existing house and most of the trees along South Locust Grove Road. There are a few cottonwood trees
along South Locust Grove Road that the applicant is proposing to remove.
I. SITE DATA:
Total Acreage of Site - 4.66 -acres
Total Number of Lots - 6
Total Number of Units - 4
Residential - 4
Commercial - 0
Industrial - 0
Common - 2
Single-family - 4
Duplex - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
J. BUILDING DESIGN FEATURES: N/A
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located throughout
the development that the applicant is proposing to retain. With the exception of any trees that are dead
and cottonwood trees located along South Locust Grove Road.
Tree Replacement Calculations: N/A
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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: N/A
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 — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — in proximity to the existing residence
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by reference
and attached to the staff report. Comments, which appear to be of special concern, are noted below:
Central District Health Department
Eagle Fire Department
Idaho Transportation
Tesoro Logistics NW Pipeline
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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:
Chapter 6 — Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), 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.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Provide a revised preliminary plat showing all utility poles providing service to the existing
structures on the site to be removed, prior to submittal of a design review application. All utility
service lines serving existing structures shall be placed underground prior to the issuance of any
building permits for the site.
• Provide a landscape plan showing berming, fencing, and planting details within the required 35 -
foot wide buffer area along South Locust Grove Road abutting this site for review and approval
by the Design Review Board prior to the submittal of a final plat application.
• The applicant shall submit a design review application and landscape plan showing trees,
landscaping, berming, proposed signage, and planting details within the required buffer area
along South Locust Grove Road abutting this site and any proposed signage and fencing for
review and approval by the Design Review Board prior to the submittal of a final plat application.
• The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required 35 -foot wide buffer area along South Locust
Grove Road, landscape islands, and knuckles, and all common areas throughout the subdivision
3) building elevations for all proposed common area structures and irrigation pump house 4)
landscape screening details of the irrigation pump house, and 5) proposed style of fencing. The
design review application shall be reviewed and approved by the Design Review Board prior to
the submittal of a final plat application.
• The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within the common lot on the south side of the internal
roadway. Prior to the City Clerk signing the final plat the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. 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. Partial reduction of the surety may be permitted for any
portion of the development that is completed, including street trees that have been installed. On-
going surety for street trees for all undeveloped portions of the development will be required
through project completion.
• All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
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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 by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat application. The applicant shall have an on-site meeting with the City
Staff to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Staff's direction) to protect all trees that are to be preserved, prior
to the commencement of any construction on the site.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -2A -7(C): Existing Vegetation:
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar, cottonwood,
willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched,
suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt
from replacement if removal is first approved by the city.
• Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots:
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:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') 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: four
(4) shade trees, five (5) evergreen 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.
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A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination 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.
D. DISCUSSION:
The applicant is requesting design review approval for the common area landscaping within
Overton Acres Subdivision, a 6 -lot (4 -buildable and 2 -common) residential subdivision. The
common area required within this development consists of a 35 -foot wide buffer adjacent to
South Locust Grove Road and a common lot along the south side of the private road leading into
the development. On March 8, 2016, the Eagle City Council approved a modification to the
preliminary plat to convert the previously approved public street to a private street and to remove
two (2) common lots (PP -14-13 MOD). Pursuant to the approval of the preliminary plat, the
landscape buffer along South Locust Grove Road is required to be located within a 35 -foot wide
common lot. The landscape plan, date stamped by the City on June 14, 2016, does not clearly
depict where the right of way line for South Locust Grove Road is and if the required landscape
buffer is located within its own 35 -foot common lot. The applicant should be required to provide
a revised landscape plan showing the 35 -foot wide buffer within a 35 -foot wide common lot. The
revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing
the final plat.
The landscape plan, date stamped by the City on June 14, 2016, does not show street trees to be
located on the north side of Tueller Lane at the front of each lot generally at each side property
line. Pursuant to the approval of the preliminary plat, the developer is required to provide shade -
class trees along both sides of the street within the development. The trees are to be placed at the
front of each lot generally at each side property line, or as approved by the Design Review Board.
The applicant should be required to provide a revised landscape plan showing street trees to be
located on the north side of Tueller Lane at the front of each lot generally at each side property
line. 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 defers comment regarding the landscaping 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 28, 2016, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
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BOARD DECISION:
The Board voted 5 to 0 (Grubb and Koci absent) to approve DR -37-16 for a design review application for
the common area landscaping within Overton Acres Subdivision for Vince Kouba, 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:
1. Comply with all applicable conditions of Overton Acres (PP -14-13 MOD).
2. Provide a revised landscape plan showing the 35 -foot wide buffer within a 35 -foot wide common lot.
The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
3. Provide a revised landscape plan showing street trees to be located on the north side of Tueller Lane
at the front of each lot generally at each side property line. 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.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application and none are approved.
6. Provide a revised landscape plan showing the location of all fire hydrants and that the landscaping, at
maturity, will maintain a 3 -foot clear space around the circumference of the fire hydrant. 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.
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.
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
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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.
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
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.
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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
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
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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 -37-16) 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 -1 -DA (residential up to one unit per acre with a development agreement) zoning district.
DATED this 111 day of August 2016.
DESIGN REVIEW BOARD ••'����EAC,/•••••.
OF THE CITY OF EAGLE .•• O� ••� LF •,
Ada County, Idaho ��.•'�`'� ORSO
Ap� •'
? V4
SVI
Robert CaubC Chairman # Qac
ATTEST:
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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