Findings - DR - 2016 - DR-63-16 - Common Area Landscaping/Hcr/Level 3 Sub No. 3BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
THE COMMON AREA LANDSCAPING
WITHIN HCR/LEVEL 3 SUBDIVISION NO.3
FOR HOME CAPITAL RESOURCES LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -63-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on October 27, 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 LLC, represented by Jason Densmer with The Land Group, Inc., is requesting
design review approval of the common area landscaping within HCR/Level 3 Subdivision No. 3. The
3.94 -acre site is located on the southwest corner of State Highway 44 and South River Creek Avenue
approximately 1,500 -feet west of North Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 22, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 27, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
(Although this application is identified as HCRILevel 3 Subdivision Phase 3 it should be noted that the
subject property was not included within the previously approved HCR/Level 3 Planned Unit
Development. However, the subject parcel contains the storm drainage/irrigation pond and irrigation
pump house for the previously approved phases.)
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/Level 3 Subdivision Phase 1 for Level 3 Development, LLC (FPUD-04-13/FP-13-13).
On October 9, 2013, the City approved a design review application to modify the common area
landscaping within HCR/Level 3 Subdivision (DR -30-13 MOD).
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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).
On January 19, 2016, the HCR/Level 3 Subdivision Phase 2 final plat was recorded at the Ada County
Recorder's Office.
On February 24, 2016, the City approved a design review sign application for a monument sign for
HCR/Level 3 River Walk Subdivision (DR -49-15).
On July 12, 2016, the City Council approved an annexation, rezone, conditional use permit, preliminary
development plan, and preliminary plat for HCR/Level 3 Subdivision No. 3 (A-02-16/RZ-02-16/CU-
03-16/PPUD-01-16/PP-01-16).
On July 28, 2016, the Eagle Design Review Board approved a design review application for pool and
pool house in HCR/Level 3 Subdivision (DR -30-13 MOD2).
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.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use, Residential
RUT (Ada County
Vacant parcel with two (2)
One, Floodway, and
Designation)
ponds (one (1) of which is
Scenic Corridor
an ACHD drainage facility
for HCR/Level 3
Subdivision Phase I and 2)
Proposed
No Change
R -4 -DA -P (Residential
Single-family, residential
maximum four units/acre with
planned unit development
a development agreement and
a planned unit development)
North of site
High Density Residential
MU -DA (Mixed Use with a
Vacant parcel (Proposed
development agreement)
Eaglefield Village PUD)
South of site
Residential Estates and
RUT (Ada County
Boise River
Floodway
Designation)
East of site
Mixed Use, Residential
R -4 -DA -P (Residential
Single family residential
One, and Scenic Corridor
maximum four units/acre with
subdivision (HCR/Level 3
a development agreement and
Subdivision Phase 2)
a planned unit development)
West of site
Mixed Use, Residential
RUT (Ada County
Single-family residence
One, Floodway, and
Designation)
Scenic Corridor
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
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H. EXISTING SITE CHARACTERISTICS: There are two (2) ponds located on this site and a berm along
State Highway 44. South River Creek Avenue is located adjacent to east property line of this site.
I. SITE DATE:
Total Acreage of Site — 3.94 -acres
Total Number of Lots — 10
Residential — 7
Commercial — 0
Industrial — 0
Common — 3
Total Number of Units -
Single-family — 7
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt/Pathway Areas and Landscape Screening:
The preliminary plat, date stamped by the City on February 29, 2016, shows a 77 -foot wide common
lot located adjacent to West State Street (Hwy 44 [as identified on the preliminary plat]) to provide for
a landscaped buffer area as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The
preliminary plat also shows a 10 -foot wide existing greenbelt located in proximity to the Boise River
and a proposed 10 -foot wide regional pathway located adjacent to West State Street (Hwy 44).
Open Space:
The proposed development includes 1.67 -acres (42%) of common area. The common areas consist of
three (3) common lots. Lot 5, Block 1, contains the required buffer area located adjacent to West
State Street (SH -44). Lot 6, Block 1, provides a small buffer area located adjacent to South River
Creek Way. Lot 28, Block 5, delineates a large existing pond which is covered by an ACHD storm
drain easement over the existing pond. This portion of the open space area may be unusable by the
residents of the subdivision following significant storm events.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance.
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.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The water mains will be
dedicated to the City of Eagle.
On-site Septic System (yes or no) — Yes
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There is a single -wide mobile home located on the property. The applicant will be required to provide
documentation from Central District Health Department approving the abandonment of the septic
system.
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Middleton Mill
Ditch Company. The applicant submitted a pressurized irrigation report that meets the requirements of
the City of Eagle Pressure Irrigation Standards (EPIS).
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.
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 south of the
southern pond that are to be retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -49-15) was
reviewed and approved by the city on February 24, 2016.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
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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
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is 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
Sawtooth Law — Middleton Mill Ditch Company and Middleton Irrigation Association, Inc.
Tesoro Logistics NW Pipeline
W. 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within all common areas throughout the development, 3) elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
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screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, fire pits, and/or similar
amenities, 6) design of ponds to be constructed in reference to mosquito abatement. The design
review application shall be reviewed and approved by the Eagle Design Review Board prior to the
submittal of a final plat application.
3.9 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum 10 -foot wide concrete pathway along the portion of the Property located
adjacent to West State Street (SH -44) and a 10 -foot wide greenbelt pathway, improved with
compacted crushed cinders, located adjacent to the Boise River prior the City Clerk signing the
final plat. A surety for the construction of the pathways will not be accepted, therefore the pathways
shall be completed prior to the City Clerk signing the final plat. The specific location and design
of the pathways shall be approved by the City of Eagle Park and Pathway Development
Commission prior to submittal of a design review application. The cinder material utilized for the
greenbelt pathway shall be reviewed and approved by the City of Eagle Parks and Recreation
Director prior to installation of the cinder material. The pathways shall be located in a recorded
easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section
9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced
on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other
than any pathways approved by Eagle, development within the Floodway shall be prohibited.
C. SUBDIVISION 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 within an 8 -foot wide landscape strip between the 5 -foot wide
concrete sidewalk and the curb. 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
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 application. 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
construction on the site.
• All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat.
D. 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
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adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional; office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(J)(4)(c)
c. Any road designated as a principal arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade
trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs.
Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided
that not more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination 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.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
HCR/Level 3 Subdivision No. 3, a 3.94 -acre development with 10 -lots (7 -buildable and 3
common). The proposed development includes street trees, common lots, a berm along State
Highway 44, and a pathway along the Boise River.
Pursuant to Eagle City Code, the berm is required to be 10 -feet to 12 -feet in height and planted
with six (6) shade trees, ten (10) evergreen trees, four (4) flowering/omamental trees, and twenty
four (24) shrubs per one hundred linear feet. The landscape plan, date stamped by the City on
September 22, 2016, shows a 9 -foot high berm planted with a total of five (5) shade trees, fifteen
(15) evergreen trees, seven (7) flowering/ornamental trees, and one hundred -sixty (160) shrubs.
This development has approximately 180 -liner feet of frontage adjacent to State Highway 44;
therefore, a total of eleven (11) shade trees, eighteen (18) evergreen trees, and eight (8)
flowering/ornamental trees are required. The applicant should be required to provide a revised
landscape plan showing the height of the berm to be a minimum of 10 -feet in height and planted
with a minimum of eleven (11) shade trees, eighteen (18) evergreen trees, and eight (8)
flowering/ornamental trees. The revised landscape plan should be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
The pathway located within HCR/Level 3 Subdivision Phases 1 and 2 has been seeded on the
north and south sides of the pathway. The landscape plan, date stamped by the City on
September 22, 2016, does not show the area on the north and south sides of the pathway to be
seeded. The applicant should be required to provide a revised landscape plan showing the north
and south sides of the pathway, located along the southern boundary of the site, to be seeded.
The revised landscape plan should be reviewed and approved by staff prior to the City Clerk
signing the final plat.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on October 27, 2016,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 3 to 0 (Schafer recused; Brasher and Koci absent) to approve DR -63-16 for a design
review application to construct the common area landscaping within HCR/Level 3 Subdivision No. 3 for
Home Capital resources LLC, 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 A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16.
2. Provide a revised landscape plan showing the height of the berm to be a minimum of 10 -feet in height
and planted with a minimum of eleven (11) shade trees, eighteen (18) evergreen trees, and eight (8)
flowering/ornamental trees. The revised landscape plan shall be reviewed and approved by three 3
members of the Design Review Board prior to the City Clerk signing the final plat.
3. Provide a revised landscape plan showing the north and south sides of the pathway, located along the
southern boundary of the site, to be seeded. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
4. Provide detailed cut sheets showing the style of open style fence to be installed adjacent to any
common areas. The detailed cut sheets shall be reviewed and approved by staff prior to the City
Clerk signing the final plat.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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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
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
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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.
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
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County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
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 -63-16) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R -4 -DA -P (residential maximum four units/acre with a development agreement and a planned
unit development) zoning district.
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KAPlanning DeptTagle ApplicationADA2016ADR-63-16 HCR -Level 3 Subdivision No. 3 drf.docx
DATED this 10' day of November 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Rob 3 ubb hairman
ATTEST:
✓' Sharon K. 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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