Findings - DR - 2017 - DR-43-17 - Common Area Landscaping In Bald Eagle Pointe SubBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN BALD
EAGLE POINTE SUBDIIVISION FOR
MARTIN, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -43-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on October 12, 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:
Martin, LLC, represented by Jesse Buster with Stack Rock Group, is requesting design review approval
for the common area landscaping within Bald Eagle Pointe Subdivision. The 41.15 -acre site is located
on the south side of West State Street (SH -44) at the southeast corner of West State Street (SH -44) and
West Moon Valley Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 24, 2017. Supplemental information
was received by the City of Eagle on October 2, 2017 (revised landscape plan).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 30, 2017, and September 15, 2017, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Resolution 04-15: A resolution adopting the "Soaring 2025" Western Area Plan and including this area
into the City's Comprehensive Plan.
Resolution 08-20: A resolution repealing the "Soaring 2025" Western Area Plan and incorporating the
Soaring 2025 Plan into the City 2007 Comprehensive Plan.
On October 30, 2007, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for Eagle Commons (aka
Bald Eagle Pointe) planned unit development for Eagle Commons, LLC. (A-03-07/RZ-03-07/CU-02-
07/PPUD-03-07/PP-07-07)
On April 1, 2008, the development agreement associated with the rezone #RZ-03-07 was executed by
the city and the owner of the property. Pursuant to Condition of Development 3.1.1, the development
agreement terminated on April 1, 2011, due to a pathway of annexation of the property was not
identified by the applicant within 36 -months of execution of the development agreement.
On July 25, 2017, the City Council approved a comprehensive plan text and map amendment,
annexation, rezone with development agreement, conditional use permit, preliminary development
plan, and preliminary plat for Bald Eagle Pointe Subdivision (CPA-01-17/A-01-17/RZ-03-17/CU-01-
17/PPUD-01-17/PP-01-17) .
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Residential Two
No change
Mixed Use and High
Density Residential
South of site Floodway and
Residential Estate
East of site Mixed Use, Floodway
and Residential One
West of site Professional Office and
Residential Estate
ZONING
DESIGNATION
R -3 -DA -P (Residential with a
development agreement —
PUD
No change
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD]) and RUT
(Rural -Urban Transition —
Ada County designation)
RUT (Rural -Urban Transition
— Ada County designation)
RUT (Rural -Urban Transition
— Ada County designation)
RUT (Rural -Urban Transition
— Ada County designation)
LAND USE
Residential planned unit
development
No change
Agriculture and proposed
Eaglefield Village
Subdivision
Conservation easement and
single-family residential
Single-family residence
Tealwood and Moon
Valley Ranch Subdivisions
(single-family residential)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING S1'1'E CHARACTERISTICS: The site is undeveloped.
I. SITE DATA:
Total Acreage of Site — 41.15 -acres
Total Number of Lots — 71
Total Number of Units — 63
Residential — 63
Commercial — 0
Industrial — 0
Common — 8
Single-family — 63
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SHE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
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On and Off -Site Circulation: N/A
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
The applicant is proposing to remove fifty-one (51) existing trees from the site. Three (3) of the trees
are Walnut trees and will require mitigation. Forty-eight (48) trees are Black Locust and Cottonwood
trees which are species identified by Eagle City Code Section 8 -2A -7(C) that will not require
mitigation. All other existing trees on the site are proposed to be retained and protected. Below is a list
of all existing trees proposed to be removed with their respective conditions identified within the
existing tree plan, date stamped by the city on October 4, 2017.
Tree Specie Caliper / Height Condition
Walnut (3) 8" caliper Good condition/will require
10" caliper mitigation
14" caliper
Black Locust/Cottonwood (48) 4" - 40" caliper
Poor condition/no landscape
value/No mitigation required
per Eagle City Code
Tree Replacement Calculations:
• There are three (3) Walnut trees proposed to be removed. Pursuant to Eagle City Code Section 8 -2A -
7(C), the applicant is required to mitigate for a total of forty-one (41) caliper inches. The applicant
provided three inch (3") caliper trees within the common areas which provided an additional forty-three
(43) caliper inches above what is required per Eagle City Code 8 -2A -7(E)(4 and 5) for the mitigation
of these trees.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees:
Street trees are proposed along West Polecat Drive, West River Springs Drive, South Chastain Way,
and South World Cup Avenue.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping: N/A
b. Interior Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
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Q.
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
approval of any signs.
PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — located adjacent to the Boise River
Evidence of Erosion — No
Fish Habitat — Yes — Boise River
Floodplain — Yes — Boise River, most of the site is located within an AE Zone
Mature Trees — Yes — located adjacent to the southern boundary of the site
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — No
Stream/Creek — Yes — Boise River
Unique Animal Life — unknown
Unique Plant Life — Yes — riparian area located adjacent to the Boise River
Unstable Soils — unknown
Wildlife Habitat — Yes — located adjacent to Boise River
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:
Andeavor (formertly Tesoro Logistics NW Pipeline)
Department of Environmental Quality
Eagle Fire Department
Eagle Parks and Recreation Department
Idaho Transportation Department
Pioneer Ditch Company
W. LEI I'ERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
• DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
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3.4 (b) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type
decorative fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited.
3.4 (d) A requirement that development (including fencing) within the floodway area is prohibited
unless certification by a registered professional hydraulic engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels during the occurrence of the base flood
discharge and uses within the floodway shall be restricted to those which are required for public
necessity.
3.4 (e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required 25 -foot wide setback or riparian zone be maintained.
3.7 Owner shall provide a pool located within a common lot centrally located within the
development. The intent of the pool is to provide a venue for activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and approved
by the Eagle Design Review Board prior to submittal of a final plat application.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation
pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in
reference to mosquito abatement, and 7) all proposed fencing throughout the development. The
design review application shall be reviewed and approved by the Eagle Design Review Board prior to
the submittal of a final plat application.
3.10 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the
submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree
Inventory Map indicating how the trees will be incorporated into the design of the subdivision or
mitigated prior to removal of the trees. No tree shall be removed from the site prior to city approval of
a tree removal plan and replacement plan.
3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, minimum ten -foot (10') wide public pathway along the portion of the Property
located adjacent to the Boise River. Owner shall also construct a ten -foot (10') wide concrete
pathway located adjacent to West State Street. The pathways shall be constructed concurrently with
Phase No. 1 of Bald Eagle Pointe Subdivision. The specific location, design, and construction
standards of the pathways shall be reviewed and approved by the City of Eagle Park, Pathway, and
Recreation Commission prior to submittal of a design review application. The pathways shall be
located within a recorded easement or easements dedicated to and accepted by Eagle as provided in
Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or
easements shall be references on the face of the plat, upon recordation of the final plat(s) wherein the
pathway is located. Other than any pathways approved by Eagle, development within the Floodway
shall be prohibited.
• PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide
concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall
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either install the required trees, sod, and irrigation or provide the City with a letter of credit for
150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for
any portion of the development that is completed, including street trees that have been installed.
On-going surety for street trees for all undeveloped portions of the development will be required
through project completion.
5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J). The applicant shall be reauired to construct a solid style privacy fence
made of durable material located adiacent to the eastern boundary of the development. The privacy
fence shall be reviewed and approved by the Design Review Board prior to installation.
17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
23. All fencing located in proximity to the ponds shall be open style and be located a minimum of 20 -
feet from the pond high water mark.
• ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8 -2A -7(E)(4 and 5)
4. The minimum acceptable size for deciduous trees shall be two inch (2") caliper, balled and
burlapped.
5. The minimum acceptable size for evergreen trees shall be six feet (6') to seven feet (7') balled
and burlapped.
• Eagle City Code Section 8-2A-7(J)(4)(c):
Any road designated as a principal arterial on the transportation and pathway network plan in the
Eagle Comprehensive Plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade
trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs.
Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided
that not more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet (3')
horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone,
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decorative rock, or similarly designed concrete wall is to be provided, in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8 -2A -7(M): Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Sidewalks shall be required when space permits.
An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees
shall be required between the sidewalk and street to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
3. Within residential developments one shade class (class II) tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight foot
(8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of
each lot generally located on each side lot line corner with the distance between trees to be a
minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property. (Ord. 699, 5-28-2013)
E. DISCUSSION:
• The applicant is proposing a 10 -foot berm adjacent to State Highway 44, with a reduced number
of trees planted within the buffer. State Highway 44 is classified as a principal arterial and
requires a ten foot (10') minimum to twelve foot (12') maximum berm to be planted with six (6)
shade trees, ten (1) evergreen trees, four (4) flowering/ornamental trees, and twenty-four (24)
shrubs per one hundred (100) linear feet of frontage. Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(c), 89 shade trees, 148 evergreen trees, 60 flowering/ornamental trees, and 356 shrubs
within the 1,483 linear feet of frontage along State Highway 44. The landscape plan shows 45
shade trees, 91 evergreen trees, 17 flowering/ornamental trees, and 857 shrubs to be planted
adjacent to State Highway 44. If the additional caliper inches and height of the proposed trees is
added to the trees being planted, it is equal to 23 shade trees and 43 evergreen trees being planted
on this site. With the increase in caliper inches and height of plant materials, the applicant is
deficient 21 shade trees, 10 evergreen trees, and 43 flowering trees. The applicant should be
required to provide a revised landscape plan showing the addition of 21 shade trees, 10 evergreen
trees, and 43 flowering trees within the required buffer adjacent to State Highway 44. The revised
landscape plan should be reviewed and approved by staff and two members of the Design Review
Board prior to submittal of the final plat.
• The landscape plan shows the sidewalk on the north perimeter of Lot 1, Block 2, as an attached
sidewalk. Pursuant to Eagle City Code Section 8 -2A -7(M), sidewalks are required to be separated
from the curb with an eight foot (8') wide minimum parkway planter strip planted with shade
class trees. The applicant should be required to provide a revised landscape plan showing the
sidewalk north of common Lot 1, Block 2, as a detached sidewalk with an eight foot (8') wide
minimum parkway planter strip planted with shade class trees. The revised landscape plan should
be reviewed and approved by staff and one member of the Board prior to submittal of the final
plat.
• The landscape plan shows a paved pathway along the south perimeter of the site adjacent to the
Boise River. The city requires the paved pathway to be stubbed to the property line for future
greenbelt connections. The applicant should be required to provide a revised landscape plan
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showing the paved pathway stubbed to the property line where the paved pathway ends and the
gravel path starts south of the common area pond. The revised landscape plan should be reviewed
and approved by staff and the Park and Recreation Director prior to submittal of the final plat.
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 October 12, 2017,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 59:12)
Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that:
• The Board determined that, with the conditions required herein, the landscape design for the
development is appropriate as proposed.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Koci absent) to recommend approval of DR -43-17 for a design review
application for the common area landscaping within Bald Eagle Pointe Subdivision for Martin, 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 and text shown with strike thru to be deleted by
the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-01-17 and
PP -01-17.
2. Provide a revised landscape plan showing the addition of 2 -1 -ten, 3 -inch caliper shade trees, 4.0five. 10 -
foot tall evergreen trees, and 43seventeen. 3 -inch caliper flowering trees within the required buffer
adjacent to State Highway 44. The revised landscape plan shall be reviewed and approved by staff
and two members of the Design Review Board prior to submittal of the final plat.
3. Provide a revised landscape plan showing the sidewalk north of common Lot 1, Block 2, as a
detached sidewalk with an eight foot (8') wide minimum parkway planter strip planted with shade
class trees. The revised landscape plan shall be reviewed and approved by staff and one member of
the Board prior to submittal of the final plat.
4. Provide a revised landscape plan showing the paved pathway stubbed to the property line where the
paved pathway ends and the gravel path starts south of the common area pond. The revised landscape
plan shall be reviewed and approved by staff and the Park and Recreation Director prior to submittal
of the final plat.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
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7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No signs are proposed with this application and none are approved.
9. All conditions herein shall be completed prior to submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
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)
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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
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
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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
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
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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 -43-17) 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. Moreover, the Board determined that the buffer area along SH -44
complies with Eagle City Code 8-2A-7-J(4)(c) since the overall planting requirements have been met
through the addition of larger trees.
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 common area landscaping is permitted with the approval of a design
review application within the R -3 -DA -P (Residential with a development agreement — PUD)
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 off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable for a landscape plan;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, will enhance the continuity of thematically common landscape architectural
features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since there are pedestrian
pathways provided through the 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 since the site has been
designed in compliance with the approved preliminary plat for Bald Eagle Pointe Subdivision; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover or detract from
desirable architectural features.
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DATED this 26th day of October 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
coe
Robert bb, Chairman
ATTEST:
Sharon . Bergmann, Eagle City Clerk
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