Findings - DR - 2017 - DR-20-16 MOD - Modify The Common Area Landscaping In Crestpoint Place SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO MODIFY
THE COMMON AREA LANDSCAPING
WITHIN CRESTPOINT PLACE SUBDIVISION
FOR NORTHSIDE MANAGEMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -20-16 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on April 27, 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:
Northside Management, represented by Scott Noriyuki, is requesting design review approval to modify
the common area landscaping along South Edgewood Lane to accommodate the overhead power lines.
The 7.71 -acre site is located on the southwest comer of South Edgewood Lane and Hill Road at 103
South Edgewood Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 17, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were' transmitted on March 23, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The parcel in question was originally included as part of the Downtown Eagle Plan and was proposed
to be changed from Residential Three (up to three units per acre) to Downtown. In 2011, the Eagle
City Council removed the property from the Downtown Plan stating it should be developed as
residential to provide a buffer to the existing residential uses to the south and the proposed Hill Road
Extension along the northern boundary of the site.
On July 28, 2015, the City Council approved a Comprehensive Plan Map amendment from Residential
Three to Mixed Use and a rezone from A (Agricultural) to MU -DA (Mixed Use with a development
agreement [in lieu of a PUD]) for JLG-5, LLLP (CPA-03-15/RZ-03-15).
On January 12, 2016, the City Council approved a modification to the development agreement to
approve a reduction in the required landscape buffer area along North Edgewood Lane (RZ-03-15
MOD).
On January 12, 2016, the City Council approved a preliminary plat application for Crestpoint Place
Subdivision (PP -09-15).
On April 28, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Crestpoint Place Subdivision (DR -20-16).
On June 28, 2016, the City Council approved a final plat application for Crestpoint Place Subdivision
(FP -03-16).
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use MU -DA (Mixed Use with
a development agreement)
Proposed No Change I No Change
North of site Downtown
South of site Residential Four
East of site Residential Four
West of site Public/Semi-Public
A (Agricultural)
R-4 (Residential)
R-4 (Residential)
PS (Public/Semipublic)
LAND USE
Single -Family Residence and
Agriculture
Single -Family Residential Subdivision
Single-family Residence and
Agriculture
Single -Family Residential (Empire
Estates Subdivision)
Single -Family Residential (Edgewood
Estates and Patterson Subdivisions)
School (Eagle Academy)Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
I. SITE DATE:
Total Acreage of Site — 7.71 -acres
Total Number of Lots — 52
Total Number of Units — 43
Residential — 43
Commercial — 0
Industrial — 0
Common — 9
Single-family — 43
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing landscaped buffers located adjacent to the northern property line located
adjacent to East Hill Road and the east property line located adjacent to North Edgewood Land which
are classified as collectors. Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(a) a thirty-five foot (35')
wide buffer area with a minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided
within these buffer areas.
Open Space:
A total of 2.12 -acres of open space is proposed within the residential subdivision. The common areas
are proposed to contain the required buffer areas adjacent to the collectors, an open space lot (Lot 11,
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Block 2), three (3) common driveways, and a lot (Lot 1, Block 3) located adjacent to West Avatecasa
Way. The open space lot is proposed to contain pathways and a gazebo.
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:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned
unit development (PUD). The property is approved for a MU -DA (Mixed Use with a development
agreement) zoning designation and the applicant requested the development agreement in lieu of a PUD
pursuant to Eagle City Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — Yes
The existing home is currently served by a septic system and will be permitted to remain on the septic
system pursuant to the development agreement. The applicant is required to provide a stub -out for
public water and sewer service to the existing home prior to the City Clerk signing the final plat.
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. The site has
mature trees located in proximity to the existing residence. The developer is not proposing to remove
the existing trees.
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 in proximity to
the existing residence. The applicant is proposing to retain the existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
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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 is required for the
approval of any signs.
Q. PUBLIC SERVICES AVAILABLE: N/A
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — located in proximity to the existing residence.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
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.
Ada County Highway District
Ballentyne Ditch LTD
Idaho Power
Idaho Transportation Department
Tesoro Logistics NW Pipeline
West Ada School District
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:
• A Comprehensive Plan Map Amendment (CPA -03-15) was approved for the site. The
Comprehensive Plan Map was amended from Residential Three to Mixed Use.
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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:
3.6 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing
located adjacent to the west property line and not to encroach into the front yard.
3.8 Owner shall submit a design review application showing the required thirty-five foot (35') wide
buffer area located within a common lot adjacent to East Hill Road. The required thirty-five foot
(35') wide buffer area located within a common lot adjacent to Edgewood Lane shall be reduced
to twenty feet (20') in width and plantings that are typically required within a thirty-five foot
(35') wide buffer area shall be reduced so that the twenty foot (20') wide buffer area is not over
planted. Details shall be provided to the Design Review Board showing that the height of the
berm located adjacent to Edgewood Lane will not create a water drainage impact to the building
envelopes. The design review application shall be reviewed and approved by the Design Review
Board prior to submittal of a final plat application.
C. PRELIMINARY PLAT 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 in a 6 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. The street trees shall be planted with root barriers installed pursuant to Eagle
City Code Section 8 -2A -7(E)(3) and 9-4-1-6(D)(5), to protect the sidewalks. 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.
• 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.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -2A -6(A)(5) Utilities:
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Utility service systems shall not detract from building or site design. Cable, electrical, and
telephone service systems shall be installed underground.
E. DISCUSSION:
• On April 28, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Crestpoint Place Subdivision (DR -20-16). The Board approved
the application with the requirement that all overhead powerlines, cable, and telephone service
systems were to be installed underground for the entire frontage of this development along North
Edgewood Lane. Based on correspondence with Idaho Power, the applicant is requesting design
review approval to leave the overhead power lines above ground as this is a three phase line
which is a main trunk line for this area. Dave Boots with Idaho Power indicated it has never been
Idaho Power's policy to build an overhead line, bury a section of line and then go back up a pole
and continue on with overhead power. He also states it is very cost prohibitive for individual
customers who have overhead service from the overhead lines that would have to convert their
existing equipment to accommodate underground power. Staff defers comment regarding the
overhead power to the Design Review Board.
The revised landscape plan, date stamped by the city on March 17, 2017, shows the overhead
power to remain and Class I trees to be planted within the berm and within the planter strip along
North Edgewood Lane. The species of trees proposed within the buffer area along North
Edgewood Lane include the following: Red Rhapsody Amur Maple, Spring Snow Crabapple,
Jack Pear, Black Hills Spruce, and Bacheri Spruce. The quantity of plant material proposed
within the berm is the same as that which was approved in the previous approval and the
landscape plan shows the required street trees within the planter strip along North Edgewood
Lane. Staff defers comment regarding the proposed plant material to the Design Review Board.
• The landscape plan, date stamped by the city on March 16, 2016, submitted with the previous
design review application (DR -20-16) showed a 6 -foot high vinyl fence to be located adjacent to
the landscape buffers along North Edgewood Lane, East Hill Road, and the common lot with the
pathway leading from North Edgewood Lane to the internal street. The landscape plan, date
stamped by the city on March 17, 2017, still shows a 6 -foot high vinyl fence to be located
adjacent to the landscape buffers along North Edgewood Lane, East Hill Road, and the common
lot with the pathway leading from North Edgewood Lane to the internal street. Pursuant to the
development agreement, all fencing located adjacent to open space is required to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or other similar
decorative style fencing. All other fencing (i.e.: cedar fencing, vinyl, and chainlink) shall be
prohibited. The residential lot located adjacent to the commercial lot is permitted to have solid
fencing located adjacent to the west property line and not to encroach into the front yard. The
applicant should be required to provide revised landscape plans showing all fencing located
adjacent to any open space to be an open style fence. Provide detailed elevations showing the
style, height, color, material, etc. The revised landscape plan and detailed elevations should be
reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of any building permit.
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 27, 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.
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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 4 to 0 (Brasher, Schafer, and Koci absent) to approve DR -20-16 MOD for a design
review application to modify the common area landscaping within Crestpoint Place Subdivision for
Northside Management, with the following staff recommended site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-03-15, RZ-03-15 MOD, PP -09-15, DR -20-16, and FP -
03 -16.
2. Provide revised landscape plans showing all fencing located adjacent to any open space to be an open
style fence. Provide detailed elevations showing the style, height, color, material, etc. The revised
landscape plan and detailed elevations shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of any building permit.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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.
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
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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
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
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items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
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
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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
(DR -20-16 MOD) 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 Crestpoint Place Subdivision is
permitted with the approval of a design review application within the MU -DA (Mixed Use 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 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 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 since the
proposed gazebo has been designed with quality materials and similar features utilized on other
buildings within the development and will enhance the character of the area;
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;
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 compliance with
Eagle City Code and the required 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 since the applicant has
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complied with the Eagle River Master Pathway Plan with regard to pedestrian circulation and the
parking lot has been design with connectivity to the adjacent sites;
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. Will have signs, if proposed, that are harmonious with the architectural design of the building and
adjacent buildings, and will not cover or detract from desirable architectural features.
DATED this 11t day of May 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Count , Ida - o
RoVert Grubb, Chairman
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Sharon K. Bergmann, agle City Clerk
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