Findings - DR - 2017 - DR-23-17 - Common Area LandscapingBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN EAGLEFIELD
VILLAGE SUBDIVISION FOR TOLL ID I, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -23-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on June 22, 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:
Toll ID I, LLC, represented by Kim Siegenthaler with Jensen Belts Associates, PLLC, is requesting
design review approval of the common area landscaping within Eaglefield Village Subdivision. The
9.83 -acre site is located on the north side of State Highway 44, approximately 1,275 -feet west of Linder
Road, at the western terminus of West Escalante Drive within Eaglefield Estates Subdivision No. 1.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 22, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 24, 2017, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 28, 2015, the City Council approved an annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with a development agreement in lieu of
a PUD), and preliminary plat for Eaglefield Village Subdivision for Coleman Homes, LLC (A-06-14,
RZ-07-14 & PP -10-14).
On October 1, 2015, the City executed a development agreement for the property recorded and
identified as instrument # 2015-092526.
On July 26, 2016, the City Council approved a preliminary plat extension of time for the preliminary
plat approval for Eaglefield Village Subdivision to be valid until April 29, 2017.
On May 23, 2017, the City Council approved a preliminary plat extension of time for the preliminary
plant approval for Eaglefield Village Subdivision to be valid until April 29, 2018 (EXT -03-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing High Density Residential MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
Proposed No Change No Change
North of site Transitional Residential R -4 -DA -P (Residential with a
development agreement —
PUD)
South of site Mixed Use RUT (Rural Urban Transition
— Ada County)
R -4 -DA -P (Residential with a
development agreement —
PUD)
East of site Mixed Use MU -DA -P (Residential with a
development agreement —
PUD)
West of site High Density Residential RUT (Rural Urban Transition
— Ada County)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
I. SITE DATA:
Total Acreage of Site — 9.83 -acres
Total Number of Lots — 39
LAND USE
Eaglefield Village
Subdivision
No Change
Single Family Residential
(Eaglefield/Preserve
Subdivision)
Single Family Residential
(HCR/Level 3
Subdivision)
Single Family Residential
(Eaglefield Estates
Subdivision)
Vacant/Pasture
Residential — 31, 1 future development
Commercial — 0
Industrial — 0
Common — 7
Total Number of Units -
Single-family — 31
Townhouse — 0
Multi -family — 0
J. GENERAL Sim 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
K. BUILDING DESIGN FEATURES: N/A
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees and shrubs located at
the northeast corner of the site that are to be retained within a common lot. There is one existing tree
located west of the West Escalante Drive stub street that the applicant is proposing to remove. Below
is the existing tree to be removed and the condition identified by the application, date stamped by the
city on May 22, 2017.
Tree Specie
Elm
Caliper / Height
3" caliper / 12'
Condition
No mitigation required per
Eagle City Code due to type of
species
Tree Replacement Calculations: The applicant is proposing to remove one (1) tree totaling 3 -caliper
inches. Eagle City Code Section 8 -2A -7(C)(1) does not require mitigation for the removal of Elm trees.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Escalante Drive, North Tulshire Avenue, West
Lockner Drive, and North Morley Green Way.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to the issuance of a zoning certificate.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
PUBLIC SERVICES AVAILABLE:
Q.
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation — no
Steep Slopes - no
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Stream/Creek — yes, Middleton Mill Canal
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.
Eagle Fire Department
Idaho Transportation Department
Meridian Fire Department
Tesoro Logistics NW Pipeline
W. LE'1'1'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:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
High Density Residential
Suitable primarily for multi -family housing including apartments, town homes and duplexes within the
urbanized setting adjacent to designated transit corridors. An allowable density of 8 to 20 units per 1
acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 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 three -rail -type wooden decorative
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited.
• A License Agreement from Middleton Mill Canal shall be provided for all improvements within
their easement area prior to the City Clerk signing the final plat.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Provide a revised preliminary plat showing the knuckle at the intersection of N. Tullshire Ave. and
N. Morley Green Way with a minimum of 40 -feet in pavement or provide written approval from
the Eagle Fire Department for the proposed design prior to the submittal of a final plat application.
(ECC 9-3-2-1[G])
• Provide a revised preliminary plat showing an 8 -foot wide pathway located on Lot 9, Block 3,
within a 16 -foot wide easement, prior to the submittal of a final plat application. (ECC 9-4-1-
6[D][1])
• The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands and knuckles, and all common areas throughout the subdivision, 3) building
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elevation plans for all proposed common area structures and irrigation pump house (if proposed),
4) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 5) proposed style of fencing. The design review application shall
be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat
application. (ECC 8-2A-7).
• 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 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 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 within
landscape strips. 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. (ECC 8 -2A -7[E]
and ECC 8-2A-18).
• The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat
application. (ECC 9-4-1-2)
• The applicant shall provide some type of gate/fencing to restrict access to the Middleton Mill Canal
for safety purposes. The gate/fencing shall be identified on the landscape plans provided with the
design review application. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application.
• The applicant shall work with the property owners (located north of the development) in regard to
providing a landscaped buffer planted with a mix of deciduous and conifer trees located adjacent
to West Escalante Drive. The applicant shall provide a landscape plan showing the proposed
landscape buffer to be reviewed and approved by the Design Review Board prior to 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 8-4-4-2(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
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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.
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.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (as identified in the EASD book)
shall not be permitted to have metal halide lighting.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
E. DISCUSSION:
• The landscape plan does not identify street light locations nor does it indicate details of the style,
material, color, illumination type, lumen output, height, etc. of the proposed street lights. The
applicant should be required to provide a revised landscape plan (or separate street light plan)
identifying the location of all street lights and provide detailed cut sheet(s) identifying the style,
material, color, illumination type, lumen output, height, etc. of the street lights. The revised
landscape plan (or separate street light plan) and detailed cut sheet(s) should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• Sheet L2 of the landscape plan identifies the proposed fencing throughout the subdivision,
however, it does not identify the color of the fencing. The applicant should be required to provide
a revised landscape plan identifying the color of the wrought iron and vinyl fencing proposed.
The revised landscape plan should be reviewed and approved by staff prior to the issuance of a
zoning certificate.
• The landscape plan identifies a gated entry to the pathway between Lots 11 and 8, Block 3,
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however, a detailed cut sheet showing the style, material, color, etc. was not submitted. The
applicant should be required to provide a detailed cut sheet of the proposed gated entry located
between Lots 11 and 8, Block 3, showing the style, material, color, etc of the gate. The detailed
cut sheet should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• 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 June 22, 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 6 to 0 (Koci absent) to approve DR -23-17 for a design review application for the
common area landscaping with Eaglefield Village Subdivision for Toll ID, I, LLC, with the following
staff recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-06-14/RZ07-14 & PP -10-14.
2. Provide a revised landscape plan (or separate street Light plan) identifying the location of all street
lights and provide detailed cut sheet(s) identifying the style, material, color, illumination type, lumen
output, height, etc. of the street lights. The revised landscape plan (or separate street light plan) and
detailed cut sheet(s) shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
3. Provide a revised landscape plan identifying the color of the proposed wrought iron and vinyl
fencing. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a
zoning certificate.
4. Provide a detailed cut sheet of the proposed gated entry located between Lots 11 and 8, Block 3
showing the style, material, color, etc of the gate. The detailed cut sheet shall be reviewed and
approved by staff 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. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No signs are proposed with this application and none are approved.
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10. Provide a revised landscape plan showing all mown and unmown grass adiacent to the Middleton
Mill Canal and located on Lot 10. Block 3. to be Red Fescue. The revised landscape elan shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
11. Provide a detail showing the gate located between Lot 8 and 11. Block 3. to be a non-locking and
self-closing gate. The gate detail shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
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
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any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
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
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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
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
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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 -23-17) 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 Eaglefield Village 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 is designed to complement
the general vicinity;
C. Is designed with adequate on street parking 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. No structures are proposed with this application. Structures, if proposed, will be required to 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 in in compliance with Eagle City Code;
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 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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431,- Sharon K. Bergmann, Eagle City Clerk
DATED this 13th day of July 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb Chairman
� /P
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