Findings - DR - 2017 - DR-12-17 - Common Area Landscaping For See One SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA LANDSCAPING
WITHIN SEE ONE SUBDIVISION FOR
DAVID COLLISTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -12-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on April 13, 2017. 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:
David Collister, represented by Shon Parks with T -O Engineers, Inc., is requesting design review
approval for the common area landscaping within See One Subdivision. The 5.70 -acre site is located
on the east side of Park Lane approximately 1,200 -feet south of Beacon Light Road at 2440 North Park
Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 27, 2017. Supplemental
information (revised landscape plan) was received on April 4, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 20, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 26, 2008, the City Council approved an annexation, rezone with development
agreement, and preliminary plat for Adonai Subdivision. (A-01-07/RZ-01-07 & PP -01-07)
On August 12, 2008, the Eagle City Council approved a development agreement modification for the
rezone associated with Adonai Subdivision. (RZ-01-07 MOD)
On July 15, 2008, the Eagle City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2009. (EXT -12-08)
On June 9, 2009, the Eagle City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2010. (EXT -07-09)
On June 10, 2009, the development agreement was executed.
On June 23, 2009, the Eagle City Council approved Ordinance No. 625 to annex and rezone the property
associated with Adonai Subdivision.
On August 10, 2010, the City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2011. (EXT -04-10)
On June 27, 2011, the preliminary plat for Adonai Subdivision expired.
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On May 24, 2016, the City Council approved a development agreement modification to remove the
termination article (Article 8.7) from the development agreement. (RZ-01-07 MOD2)
On October 11, 2016, the City Council approved a development agreement modification and
preliminary plat for Cl Subdivision (RZ-01-07 MOD3 & PP -03-16).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Residential Two
No Change
Residential Two
South of site Residential Two
East of site
West of site
Residential Two
Residential Two
ZONING
DESIGNATION
R -2 -DA (Residential with a
development agreement)
No Change
RUT (Rural Urban Transition
— Ada County designation)
R -E (Residential -Estates)
R -2 -DA (Residential with a
development agreement)
R1 (Residential — Ada County
designation)
LAND USE
Residential subdivision
No Change
Single-family residential
and agriculture
(Whitehorse Subdivision)
Single-family residential
(Tabasco Subdivision)
Single-family residential
(Lockey Subdivision)
Single-family residential
(Ripcord Ranch
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
I.
STl'h DATA:
Total Acreage of Site — 5.70 -acres
Total Number of Lots — 10
Total Number of Units - 9
Residential — 9
Commercial — 0
Industrial — 0
Common — 1
Single-family — 9
Townhouse — 0
Multi -family — 0
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: None
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation: N/A
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K. FENCING DESIGN FEATURES:
The landscape plan, date stamped by the city on April 4, 2017, shows a dark brown, 5 -foot tall, open
style wrought iron fence adjacent to the common area.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Park Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. The
applicant is proposing to provide pressurized irrigation from the existing pressurized irrigation system
located within the adjacent Lockey Subdivision.
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:
Q.
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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-S11E FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
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Wildlife Habitat - unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
The following agencies have responded and their correspondence is attached.
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
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 Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Usable park amenities such as, pathways, picnic tables, gazebos and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape plans
showing open space amenities shall also be reviewed and approved by the Design Review Board
prior to submittal of a final development plan/final plat.
C. PRELIMINARY PLAT PROVISISION WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Provide a revised preliminary plat showing a minimum five foot (5') wide sidewalk separated from
the edge of North Park Lane and/or back of curb by a minimum eight foot (8') wide landscape strip
prior to submittal of a final plat application. (9-4-1-6[F][3])
• 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.
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• All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal
of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
• In the event the applicant does not reach an agreement in regard to sharing a pressurized irrigation
system with Lockey Subdivision (Joint Water Association), the applicant shall provide a revised
preliminary plat showing one (1) buildable lot removed to allow for construction of an onsite
pressurized irrigation pond. The revised preliminary plat shall be provided prior to the submittal of
a final plat application.
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 -7(J)(4): Major Roadways:
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.
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.
• Eagle City Code Section 8 -2A -7(J)(5): Common Area Landscapes
New residential subdivision common area landscapes shall be comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.
• Eagle City Code Section 8 -2A -7(J)(6): Design Considerations For Residential Developments:
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a. For design flexibility, half of the required shade trees may be substituted on a two to one (2:1)
basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and attractive views.
Open fences, decorative walls, and berms may be used. Height changes, offset angles, different
materials, and other design techniques are required so as to create variety. (Ord. 566, 5-15-2007)
• Eagle City Code Section 8-3-3(B) Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes vision
across such yard above the height of two and one-half feet (21/2') measured from the centerline
grade of the adjacent street. Picket style fences where fifty percent (50%) of the fence remains
open may be permitted up to four feet (4') in height. Chainlink fencing is prohibited in any front
yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the transportation
and pathway network plan in the Eagle comprehensive plan, and on the street side of all corner
lots, shall be an open fencing style such as wrought iron or other similar see through, decorative,
durable fencing material, except as otherwise may be permitted in subsection 8 -2A -7J of this title.
3. Chainlink fencing is prohibited in the R (residential) zoning district.
4. A permit is required prior to the construction of a fence in any front yard area and along any
street within the city subject to the application requirements established in section 8-7-2 of this
title. (Ord. 756, 8-23-2016)
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a person
of average height standing on the property line of any residentially zoned parcel of land or parcel
of land used for residential purposes. The light used shall be 3000K maximum LED (or approved
equivalent) and the light fixture shall be provided with optics to direct light downward.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than
five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned
parcel of land or parcel of land used for residential purposes.
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6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250)
watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved
equivalent) shall be the only type of site and building lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (320) watts.
b. The light fixture shall be no higher than seventeen feet (17').
c. The design review board shall make the following findings prior to approving metal halide
lighting:
(1) The lighting shall be harmonious with and in accordance with the general objectives, or with
any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and will not change
the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
E. DISCUSSION:
• The landscape plan, date stamped by the city on April 4, 2017, shows a 28,500 -square foot
common area with six (6) deciduous trees, two (2) evergreen trees, and four (4) flowering trees (a
total of 10 -trees). Pursuant to Eagle City Code Section 8 -2A -7(J), a minimum of one (1)
deciduous shade tree is required per 1,000 -square feet (of common area) and for design
flexibility, a substitution on a two to one basis with ornamental and evergreen trees is allowed.
Based upon the above -noted requirement, 29 -trees are required to be planted within the common
area (a deficiency of 19 -trees exist). There is ample room throughout the common area for the
additional required trees to be planted. The applicant should be required to provide a revised
landscape plan showing an additional 19 deciduous trees located in the common area. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to approval of the final plat.
• Sheet L2.1, date stamped by the city on February 27, 2017, includes a detail of the proposed
street light which specifies a correlated color temperature (CCT) of 4000 K (Kelvin). Pursuant to
Eagle City Code 8-4-4-2, a CCT of 3000 K (maximum) is required. The applicant should be
required to provide a revised street light detail indicating a maximum CCT of 3000 K. The street
light detail should be reviewed and approved by staff prior to the approval of the final plat.
• Staff defers comment regarding the common area 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 April 13, 2017, 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 6 to 0 (Grubb absent) to approve DR -12-17 for a design review application for the
common area landscaping within See One Subdivision for David Collister, 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 strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of RZ-01-07 MOD3 and PP -03-16.
2. Provide a revised landscape plan showing an additional 1043 deciduous trees located in the common
area. The applicant shall plant a portion of the 10 deciduous trees along West Tabasco Trail Lane (2
additional trees spaced 35 -feet apart) and adiacent to Lot 5, Block 1 (5 additional trees spaced 35 -feet,
apart). The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to approval of the final plat.
3. The applicant shall be required to provide a revised street light detail indicating a maximum CCT of
3000 K. The street light detail shall be reviewed and approved by staff prior to the approval of the
final plat.
4. Prior to the City Clerk signing the final plat the applicant shall either install the required street trees or
provide the City with a letter of credit for 150% of the cost of the installation of all required trees.
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. On-going surety for required trees
for all undeveloped portions of the development will be required through project completion.
5. 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. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted within the above designated areas. A section within the subdivision CC&Rs shall be created
for the regulation of fences to this effect prior to approval of a final plat. A permit is required prior to
the construction of any fence within the above designated areas.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide a revised landscape plan showing the street trees alone North Park Lane to be Class I due to.
powerline conflict. The revised landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
14. Provide a revised landscape plan showing a berm or an open style fence in addition to the trees in Site,
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Specific Condition No. 2 adiacent to West Tabasco Trail Lane. The revised landscape plan shall be,
reviewed and approved by staff and two members of the Design Review Board prior to the issuance,
of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
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
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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
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
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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. 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 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
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(DR -12-17) 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 the common area landscaping for See One Subdivision is permitted with
the approval of a design review application within the R -2 -DA (Residential with a development
agreement) 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 subdivision landscaping and amenities
are designed to complement the general vicinity and provide aesthetically pleasing architecture to
enhance the character of the area;
C. Is designed with adequate off street parking facilities along the local streets within the subdivision
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 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 since the proposed landscaping and subdivision amenities are in conformance with
the required setbacks and height restrictions;
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 residential center 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 or detract from
desirable architectural features.
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DATED this 27th day of April 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, aho
RobetYGrM,b, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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