Findings - DR - 2017 - DR-1-16 MOD - Modify The Common Area Landscaping In Lanewood Subdivsion (Aka: Homestead Subdivision)BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY THE )
COMMON AREA LANDSCAPING WITHIN )
LANEWOOD SUBDIVISION (AKA: HOMESTEAD)
SUBDIVISION) FOR SMITH BRIGHTON, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -16-16 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on May 11, 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:
Smith Brighton, Inc., represented by Jonathan Wardle, is requesting design review approval to modify
the common area landscaping within Lanewood Subdivision (aka: Homestead Subdivision) to include
a pool, pool house (924 -SF), pavilion (864 -SF), mailbox kiosk (329 -SF), decorative fencing, and other
minor landscape modifications. The 110.95 -acre site is located on the north side of West Floating
Feather Road between North Lanewood Road and North Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 4, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 7, 2017, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with
development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned
Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 —
S/ZC/PUD/DA).
On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03-
12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12).
On March 14, 2013, the Design Review Board approve a design review application for the common
area landscaping within Lanewood Subdivision (DR -03-13).
On May 13, 2014, the City Council approved an extension of time application for the preliminary plat
for Lanewood Subdivision (PP -01-12) (EXT -02-14).
On September 9, 2014, the City Council approved a final development plan and final plat for Lanewood
Subdivision No. 1 (FPUD-06-14 & FP -15-14).
On September 23, 2014, the City Council approved an extension of time application for the execution
of the development agreement for the rezone and the preliminary plat for Lanewood Subdivision No. 2
(RZ-04-13/PP-09-13).
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On September 8, 2015, the City Council approved a final plat extension of time for Lanewood
Subdivision No. 1 to be valid until August 26, 2016 (EXT -03-15).
On July 14, 2016, the Design Review Board approve a design review application for the common area
landscaping within Lanewood Subdivision (DR -16-16).
E. COMPANION APPLICATIONS: DR -18-17 (subdivision entry signage)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G.
H.
I.
COMP PLAN
DESIGNATION
Existing Residential Two (up to
two units/ acre)
Proposed
North of site
South of site
East of site
West of site
No Change
Residential Two (up to
two units/acre)
Residential Two (up to
two units/ acre)
Residential Two (up to
two units/acre)
Residential Two (up to
two units/ acre)
ZONING
DESIGNATION
R -3 -DA -P (Residential
maximum three units/acre
with a development
agreement and a planned unit
development)
No Change
RUT (Ada County
Designation)
R -2 -DA -P (Residential
maximum two units/acre with
a development agreement and
a planned unit development)
RUT (Ada County
Designation)
RUT (Ada County
Designation)
LAND USE
Agricultural
Single -Family, Residential
Planned Unit Development
Single -Family Residence
and Agricultural
Legacy Development
(Mosca Seca Subdivision)
Agricultural
Agricultural
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
EXISTING SI'Z'E CHARACTERISTICS:
A subdivision on this site was originally approved through Ada County and with that approval; some
infrastructure was installed on this site. However, most of the site is vacant or being used for agricultural
purposes.
SHE DATE:
Total Acreage of Site — 110.95 -acres
Total Number of Lots — 248
Residential — 222
Commercial — 0
Industrial — 0
Common — 26
Total Number of Units -
Single-family — 222
Duplex — 0
Multi -family — 0
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct three (3) buildings; one pool house, one pavilion, and one
mailbox kiosk.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-three foot (23') high single -story structure for the
pool house and pavilion and fourteen and one-half foot (14 1/2') high single -story structure for the
mailbox kiosk.
Gross Floor Area of Proposed Buildings:
The proposed pool house is approximately 924 -square feet, the pavilion is approximately 864 -square
feet, and the mailbox kiosk is approximately 329 -square feet.
On and Off -Site Circulation: N/A
K. BUILDING DESIGN FEATURES:
Roof: Metal (rust)
Walls: Hardieplank board and batt (Harbor Mist), Stone veneer (Boardwalk Cliffstone)
Windows/Doors: Vinyl windows and metal doors (brown)
Fascia/Trim: Hardieboard trim (Suitable Brown)
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 all the streets within 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
N. MECHANICAL UNITS:
The mechanical units for the pool are to be located within the mechanical room of the pool house. No
roof top or ground mounted mechanical units are proposed and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -18-17) has
been submitted for the approval of subdivision monument signage.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
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R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SHE 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 - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
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.
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
W. LEr1'ERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6 — Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), 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.
6.4 Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
6.5 Land Use Objectives
A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant
and wildlife species, and unique areas based on diverse values within the City of Eagle
E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant
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and wildlife species, and unique areas based on diverse values within the City of Eagle
6.6 Land Use Implementation Strategies
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
W. Use smaller planning areas to help guide development in the western planning area.
6.8.2 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also ensuring
compatibility to existing large lot residential uses and transitional density as development
approaches Homer Road and the Foothills. This area is not intended to be master planned but does
require great care in planning to ensure that uses are compatible and that the Village Center serves
as an anchor of the area and is not taken over by residential uses.
A. Uses/Design
The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus, hospitality and office uses. Non-residential uses will be focused in the
Village Center.
2. Residential Areas:
b. Decreasing densities should be allowed as the area radiates out of the village center.
The overall densities in the Village Planning Area outside of the village center shall
average 1-2 units per acre to the south of Beacon Light Road. Residential densities
north of Beacon Light should be 1-2 units per acre transitioning (feathering and
clustering) to the north and east ensuring compatibility with existing residential and
foothills development.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all common
areas throughout the subdivision 3) building elevations for all proposed common area structures
and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable
amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or
similar amenities. The design review application shall be reviewed and approved by the Design
Review Board prior to the submittal of a final plat application.
• The developer shall provide shade 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 on the side lot lines, or as approved by the Design Review Board and within five -
feet (5') of the edge of the roadway. Prior to the issuance of any occupancy permits for the homes,
all required trees, sod, and irrigation shall be installed within landscape strips. A temporary
occupancy may be issued if weather does not permit landscaping however, a surety in accordance
with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and
irrigation improvements shall be provided to the City.
• The applicant shall submit a design review and alternative method of compliance applications to
address the required landscape/screening buffers to be located adjacent to North Linder Road and
West Floating Feather Road. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application. The City Council desires
Design Review Board review, however the City Council acknowledges that 35 -feet is a sufficient
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width for the buffer area to be located adjacent to West Floating Feather Road and North Linder
Road.
• All internal pathways shall be a minimum of six feet (6') in width.
• The applicant shall provide a revised Site Plan L1.0, showing all fencing located adjacent to a
common area to be open style fencing, prior to the submittal of a design review application. Lots
26, 38, and 41, Block 2, (located adjacent to open space that abuts West French Glen Drive), in
addition to all lots located adjacent to common areas that abuts Floating Feather Road, Linder Road,
North Champions Way, and West Olde World Street shall be permitted to have solid fencing. The
fence design type shall be reviewed and approved by the Design Review Board; the Design Review
Board should consider the noise concerns and privacy issues for those lots located along the
roadway.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(B)(3)(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
D. DISCUSSION:
• On July 14, 2016, the Design Review Board approved a design review application for the
common area landscaping within Lanewood Subdivision (aka: Homestead Subdivision) (DR -16--
16). The applicant is requesting design review approval to modify the common area to include a
pool, pool house, pavilion, mailbox kiosk, decorative fencing, and other minor landscape
improvements. The applicant is marketing the development as Homestead Subdivision, thus the
architecture of the buildings proposed with this modification have a farm -style theme with wood,
stone and metal accents. Staff defers comment regarding building design and colors to the
Design Review Board.
• On December 11, 2012, the City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat application for Lanewood Subdivision (A-03-
12/RZ-03- 12/CU-03-12/PPUD-01-12/PP-01-12). With that approval, the applicant received
approval to use a solid fencing along Floating Feather, Linder Road and several interior roads to
mitigate noise concerns and to provide privacy for those lots located along the roadways. On July
14, 2016, the Design Review Board approved a six foot (6') high tan vinyl fence to be located in
the areas approved to have solid fencing. In keeping with the farm -style theme that the applicant
is now trying to achieve; the applicant would like to construct a six foot (6') high decorative
wood fence in the areas approved to use a solid fence. Pursuant to Eagle City Code, decorative
wood fencing may be permitted if the city determines that the style of fence proposed is
complementary to the building architecture and overall site design. Staff defers comment
regarding the style of the solid fence proposed to the Design Review Board.
• The overall landscaping proposed within the development matches that which was previously
approved by the Design Review Board on July 14, 2016, with regard to the buffer areas along
Floating Feather, Linder Road, the street trees, and common areas within the development with
the exception of the common area located north of the main common area where the pool, pool
house, and pavilion are proposed (see sheet L15.0 and L16.0). The landscaping previously
approved within the one hundred foot (100') wide common area between the residential lots was
shown with trees along the perimeter of the common area adjacent to the residential lots and
planted with grass. The revised landscape plan, date stamped by the city on April 4, 2017, shows
a six foot (6') wide pathway and small open ditch meandering the full length of this common
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area. This plan shows plantings proposed along the perimeter of the open ditch and the trees
previously approved in this area have been shifted to provide more visual interest in this area.
• Sheet A3.2 and L11.0, date stamped by the city on April 4, 2017, shows a water tower to be
constructed within the landscape buffer at the northwest corner of North Linder Road and West
Floating Feather Road. The water tower is proposed to be twenty four feet (24') tall. The cross
section shows the height of the berm is approximately five and one half feet (5 1'). Staff is
concerned with the overall scale of a twenty four foot (24') tall structure being located on top of a
five and one half foot (51 ') high berm. The applicant should be required to provide a revised
cross section showing the overall height of the water tower in relation to North Linder Road and
West Floating Feather. The revised cross section should be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate.
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 May 11, 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).
BOARD DECISION:
The Board voted 3 to 0 (Grubb, Brasher, Schafer, and Baer absent) to approve DR -16-06 MOD for a
design review application to modify the common area landscaping within Lanewood Subdivision (AKA:
Homestead Subdivision) for Smith Brighton, Inc., with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added by
the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12, RZ-04-13/PP-
09-13, DR -16-16, and FPUD-06-14 & FP -15-14.
2. Provide a revised cross section showing the overall height of the water tower in relation to North
Linder Road and West Floating Feather. The revised cross section shall be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
3. Provide detailed cut sheets of the playground equipment to be located west of the pavilion. The
detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
4. Provide a revised landscape plan showing a bike rack location near the pool house. Detailed cut
sheets of the bike rack showing style, size, color, etc. shall be submitted. The revised landscape plan
and detailed cut sheets shall be reviewed and approved by staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
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8. No signs are proposed with this application and none are approved.
9. The decorative six foot (6') high wood fence shown on the fence detail sheet. date stamped bv_ the city
on April 4. 2017. is annroved.
10. Provide a sample color of the trim color to be used on the pool house. pavilion. and mailbox kiosk
buildings. The sample color shall be reviewed and approved bv_ staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
11. Provide a revised landscane plan showing a nathwav nlan connecting the tot lot. pavilion. and pool
house areas. The revised landscape plan shall be reviewed and annroved by staff and one member of
the Design Review Board nrior to the issuance of a zoning certificate.
12. Provide a lighting plan showing the location of all lighting proposed on the pool house. pavilion. and
mailbox kiosk buildings. Provide detailed cut sheets showing the style. wattage. luminaries. etc. of
the light fixture(s) to be used. The lighting plan and detailed cut sheets shall be reviewed and
approved by staff and one member 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.
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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
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.
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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 approvedprior 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.
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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 -16-16 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 a subdivision is permitted with the approval of a design review application
within the R -3 -DA -P (Residential three with a development agreement and a planned unit
development) 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 buildings 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;
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 buildings have 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 and settings since the proposed
buildings have been designed with quality materials and similar features utilized on other buildings
within the development and is in conformance with the Eagle Site and Architecture Design manual;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed buildings 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 commercial center in the area since the
site has been designed pathways throughout the common areas of the development; and
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I. Will have signs, if proposed, that are harmonious with the architectural design of the buildings and
will not cover or detract from desirable architectural features.
DATED this 25th day of May 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Chairman
ATTEST:
Sharon Iergmann, Eagle City Jerk
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