Findings - DR - 2022 - DR-21-22 - Kody Corner Subdivision - Common Area Landscaping BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN KODY CORNER )
SUBDIVISION FOR ROWE SANDERSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-21-22
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 28, 2022. The Eagle 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:
Rowe Sanderson, represented by Ben Semple with Rodney Evans & Partners, PPLC, is requesting
design review approval for the common area landscaping within Kody Corner Subdivision. The 3.5-
acre site is located on the west side of North Parkinson Street at 525 North Parkinson Street and 543
North Parkinson Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 22, 2022. Revised information
(streetlight plan, lighting cutsheet)was received April 20,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 6,2022,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 9,2022,the City Council approved a rezone from R-4(Residential)to R-6-DA(residential
with a development agreement) and preliminary plat for Kody Corner Subdivision, a 21-lot (19-
buildable,2-common)residential subdivision(RZ-07-21 &PP-09-21).
E. COMPANION APPLICATIONS:None.
Page 1 of 15
K:\Planning Dept\Eagle Applicanons\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential R-4(Residential) Single-Family Dwellings and
Accessory Structures
Proposed No Change R-6-DA(Residential with a Single-Family Residential
development agreement) Subdivision
North of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
South of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
East of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
West of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: Yes
I. EXISTING SITE CHARACTERISTICS:
The site has seven existing buildings(five to be removed,two to be retained),three canopies(one to be
removed,two to be retained), and two well/pumphouse(one to be removed,one to be retained).
J. SITE DATA:
Total Acreage of Site—3.5-acres
Total Number of Lots—21
Residential— 19
Commercial—0
Industrial—0
Common—2
Total Number of Units— 19
Single-family— 19
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
Page 2 of 15
K:\Planning Dept\Hagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.43-units per acre 5.43-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 5,000-square feet 5,000-square feet
Minimum Lot Width 50-feet 50-feet
Minimum Lot Frontage 0-feet* 35-feet(minimum)
Total Acreage of Common Area 34,575-square feet(.79-acres) 27,443-square feet(.63-acres)
(minimum)
Percent of Site as Common Area 22.5% 18%(minimum)
* Lot 8,Block 1,has access to the public street via a shared driveway.As designed,the configuration
is in conformance with Eagle City Code Section 9-3-2-1(J).
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 34,575-square feet of open space is proposed.The preliminary plat,date stamped by the City
on October 1, 2021, shows the open space common lot is centrally located and contains a 5-foot-wide
pathway which meanders through the common lot. All the proposed open space is designed to be
"Active"Open Space,as defined by Eagle City Code Section 9-1-6.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat, date stamped by the City on October 1, 2021, identifies the easements to be in
conformance with Eagle City Code Section 9-3-6. The preliminary plat shows the two(2)existing lots
are served by overhead power.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no)—No.
Pressurized Irrigation:
The applicant has submitted a Revised Waiver of Pressure Irrigation Requirement request,date stamped
by the City on October 1, 2021, requesting a waiver from the requirement to provide pressurized
irrigation since the property has no right to irrigation water from the New Dry Creek Ditch Company
(attached to the staff report).
Preservation of Existing Natural Features:
The site contains mature trees located along East Elliott Street and near the existing structures located
within the site. The trees will need to be retained or mitigated if approved for removal.
Page 3 of 15
K.\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drfdocx
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.
M. BUILDING DESIGN FEATURES:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are approximately 11 trees located on this site and 9 trees are proposed to be removed. Most of
the trees are located around the existing residential homes. Below is a list of the 11 trees, the specie,
size, and condition as noted on the arborist report and landscape plan, date stamped by the City on
March 22, 2022.
Tree Specie Caliper/Height Condition Remove/Retained Replacement
Inches/Feet per
ECC
Willow(#1) 24" Good Retain N/A
Maple(#2) 10" Good Retain N/A
Norway Maple(#3) 13" Fair Remove 13"
Plum(#4) 8" Fair Remove 8"
Norway Maple(#5) 16" Good Remove 16"
Plum(#6) 4" Good Remove 4"
Plum(#7) 3" Fair Remove 3"
Red Maple(#8) 4" Poor Remove 0"
Crabapple(#9) 16" Fair Remove 16"
Siberian Elm(#10) 6" Fair Remove 0"
Siberian Elm(#11) 8" Fair Remove 0"
Total caliper inches/feet of trees required to be replaced 60"
on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site 78"
Total caliper inches proposed for mitigation 60"
Tree Replacement Calculations: The applicant is proposing to remove nine trees from the site. Three
of the trees should not require mitigation and six of the trees should require mitigation totaling 60-
caliper inches.The applicant is proposing to increase the caliper inch of the trees from the minimum 2-
inch caliper to 2.5-inch caliper and provide an additional 19-trees to be planted on the site above the
required minimum. See discussion on page 10 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along East Syringa Street, North Parkinson Street, and East
Elliot Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Page 4 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx
Transition Zones: N/A
Parking Lot Landscaping:N/A.
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:
A site lighting plan showing location of the proposed street lights and detailed cutsheets showing the
height,style,wattage, illumination type were received.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the issuance of any building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company water service area and within the boundaries of the Eagle Sewer
District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils- unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Sewer District
Y. LETTERS FROM THE PUBLIC:None received to date.
Page 5 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-221DR-21-22 Kody Corner Sub LS drf docx
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING 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 November 15, 2017), designates this site as the
following:
Compact Residential
Suitable primarily for single family residential,row houses, duplex and four-plexes. Densities range
from 4 units per acre to 8 units per acre.
Page 6 of 15
KSPlanning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite.The report shall identify, at a minimum, species, size,and health
of the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No
trees shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the common areas throughout the development, 3) elevation
plans for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) proposed useable
amenities such as picnic tables,covered shelters, benches, gazebos, and/or similar amenities, 6)
all proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The
design review application shall be reviewed and approved by the Eagle Design Review Board
prior to the submittal of a final plat application.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
8. Provide a revised preliminary plat showing a minimum 6-foot-wide concrete pathway located
within Lots 9 and 21,Block 1. The revised preliminary plat shall be provided prior to submittal of
a design review application.
9. Provide a revised preliminary plat showing all overhead power facilities removed. The revised
preliminary plat shall be provided prior to submittal of a design review application. The overhead
power facilities shall be place underground prior to the City Clerk signing the final plat.
18. 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 by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
19. 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. Any and all drainage swales and/or seepage beds shall be placed
Page 7 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf doex
so as to not interfere with the required placement of street trees. 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.
22. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
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
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-6(B)(3): Fences:
a. Block(with columns),which may include brick,rock,stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar,fir,chain link,barbwire,razor wire,and similar high maintenance and/or
unsightly fencing is prohibited. However,powder coated chain link fencing may be permitted
for use on school sites.
• Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed,an acceptable
replacement would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')
Page 8 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drfdocx
tall coniferous tree is removed, an acceptable replacement would be two(2)six feet(6')
tall coniferous trees.
b. When a homeowners association or its agent removes tree(s) from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required
provided the site remains in compliance with subdivision's approved landscape plan as
determined by the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat,removal of the following trees shall not otherwise 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.
d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section
8-1-2 of this title,the tree(s)may be removed without approval provided that the city is
notified after the tree's removal and provided with documentation indicating the tree's
condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark,branches,or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with
subsection C2 of this section.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet(6'), or to the drip line, whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Kody
Corner Subdivision, a 21-lot(19-buildable,2-common)residential subdivision. The common area
consists of street trees and a pathway. Staff defers comment regarding the common area
landscaping to the Design Review Board.
• The landscape plan includes callout no. 3 which states the concrete walkway is 5-feet wide,
however,the walkway is 6-feet wide as required by preliminary plat condition no.8.The applicant
should be required to provide a revised landscape plan with callout no. 3 stating the walkway is 6-
feet wide. The revised landscape plan should be reviewed and approved by staff prior to submittal
of the final plat application.
• The landscape plan shows a wood picture frame fence proposed along the boundary of the
subdivision. Pursuant to Eagle City Code Section 8-2A-6(B)(3), decorative wood fencing may be
permitted if the City determines that style of fencing proposed is complementary to the overall site
design.Staff defers comment regarding the wood picture frame fence to the Design Review Board.
• The applicant is proposing to remove nine trees from the site. As noted on the landscape plan and
arborist report, four of the trees are in poor condition and five trees are in fair to good condition.
The applicant is proposing to mitigate for the five trees that total 60-caliper inches. The applicant
Page 9 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-2I-22 Kody Corner Sub LS drf docx
is proposing to increase the size of the trees on the site from a minimum 2-caliper inches to 2.5-
caliper inches which provides 14-caliper inches toward mitigation. In addition, the applicant is
proposing 19-additional trees on the site which provide 47.5-caliper inches toward mitigation. If
the Design Review Board approves the removal of nine trees from the site,no additional mitigation
is required.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 28, 2022, at
which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the common area landscaping proposed.
• The Board is in favor of the removal of trees and proposed tree mitigation the applicant has submitted.
• The Board is in favor of the wood picture frame fence proposed along the subdivision boundary and
between individual lots.
BOARD DECISION:
The Board voted 3 to 0(Grubb,Germano, Lindgren,and Merrill absent)to recommend approval of DR-
21-22 for a design review application for the common area landscaping within Kody Corner Subdivision
for Rowe Sanderson,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 and text shown
with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-21 & PP-09-21.
2. Provide a revised landscape plan with eallein ne. 3 stating the walkway is 6 feet wido. The revised
3. If-tThe Design Review Board approves the removal of nine trees from the site, and no additional
mitigation is required.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
Page 10 of 15
K:\Planning DeptTagle Applications\Dr\2022\Kody Corner Common Area LS DR-2I-22\DR-21-22 Kody Corner Sub LS drf docx
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a fence detail for all fencing that will taper down to 2.5'in height(located in the vision triangle).
The fence detail shall be reviewed and approved by staff and one member of the Design Review Board
prior to submittal of the final plat application.
12. Provide a revised sheet L1.5 removing the word vinyl from detail no. 7. The revised sheet L 1.5 shall
be reviewed and approved by staff prior to submittal of the final plat application.
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
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
Page 11 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity,shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping,fencing,lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch, pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to 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
Page 12 of 15
K.\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-2I-22 Kody Corner Sub LS drf docx
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
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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
Page 13 of 15
K:\Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx
•
Code(one year from 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-21-22) 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. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-4(Residential)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area;and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
Page 14 of 15
K:'Planning Dept\Eagle Applications\Dr\2022\Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf.docx
DATED this 12t day of May 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Rob Gru Chairman
ATTEST:
O 4 EAG4
•�.
• Q(RAP •
acy . Os , age City Clerk s C.)• O�
•i •
iU IA •
•
SAP' �c
v..,•1• ATE
pT •O��
Page 15 of 15
K:\Planning Dept\Eagle Applications\Dr\20221Kody Corner Common Area LS DR-21-22\DR-21-22 Kody Corner Sub LS drf docx