Findings - CC - 2017 - DR-06-15 MOD 5 - Modify The Common Area Landscaping In Snoqualmie Falls Subd No 9BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO MODIFY THE
COMMON AREA LANDSCAPING WITHIN
SNOQUALMIE FALLS SUBDIVISION NO. 9
FOR BRAHMA LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -06-15 MODS
The above -entitled design review application came before the Eagle City Council for their action on
October 24, 2017. The Eagle City Council 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:
Brahma LLC, represented by Jesse Buster with Stack Rock Group, is requesting design review approval
to modify the landscaping within Snoqualmie Falls Subdivision No. 9. The 39.83 -acre site is generally
located south of Floating Feather Road and east of Palmer Lane, at the terminus of West Nordic Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 24, 2017. Supplemental information
was received September 21, 2017 (revised landscape plans).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 12, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat (A-09-O5/RZ-13-05/CU-
12-05/PPUD-13-05/PP-01-06) for the Legacy Planned Community.
On August 22, 2006, the City Council approved a design review application for the common area
landscaping and sports academy facility within Legacy Planned Community (DR -64-06).
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-01-
07/FP-01-O7/ FP -02-07, for Mosca Seca Subdivision Phases No. 1 & No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD) to the development agreement to provide a time schedule
for the build -out of the Academy Core area located within Mosca Seca Subdivision (located within
the Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 2) within the development agreement to address the
percentage of allowable second story square footage in relationship to the first floor for homes located
on lots less than 8,000 -square feet in size, the provisions of private roads, construction flooring
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material for attached single-family dwellings, and the Memorandum of Agreement regarding the on-
site municipal water system.
On March 1I, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT -12-09) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010.
On November 9, 2010, the City Council approved an extension of time (EXT -07-10) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011.
On September 13, 2011, the City Council approved an extension of time (EXT -06-11) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development and
associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the allowed
density, modify the open space by removing the requirement to construct the sports academies, and
address the condition of development regarding a school site.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On January 10, 2013, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR -64-06 MOD).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On May 1, 2014, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR -64-06 MOD2).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
On January 23, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13).
On March 25, 2014, City Staff approved a design review application to modify the common area
landscaping within Snoqualmie Falls No. 4 (DR -68-13 MOD).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada County
Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada
County Recorder's office.
On January 28, 2014, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Snoqualmie Falls Subdivision No. 6 (CU-06-14/PPUD-03-14/PP-09-
14).
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On March 13, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 5 (DR -07-14).
On April 9, 2015, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 6 (DR -06-15).
On April 28, 2015, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 6 (FPUD-04-15/FP-05-15).
On June 9, 2015, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 7 (FPUD-05-15 & FP -06-15).
On September 8, 2015, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 8 (FPUD-0645 & FP -09-15).
On July 14, 2016, the Eagle Design Review Board approved a design review application modifying the
common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD2).
On August 22, 2016, the City approved a design review application to relocate playground equipment
proposed within Snoqualmie Falls Subdivision No. 7 to Snoqualmie Falls Subdivision No. 4 (DR -06-
15 MOD).
On December 8, 2016, the Eagle Design Review Board approved a design review application to
construct a covered bridge structure at the entrance to Snoqualmie Falls Subdivision No. 7 (DR -06-15
MODS).
On March 29, 2017, the City approved a design review application for the installation of private boat
docks around two ponds within Snoqualmie Falls No. 7 (DR -06-15 MOD4).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSWE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Residential Two
Proposed No Change
North of site Residential Two
South of site Residential Two
East of site Residential Two
West of site Residential Two
ZONING
DESIGNATION
R -2 -DA -P (Residential with a
development agreement -
PUD)
No Change
R -2 -DA -P (Residential with a
development agreement -
PUD)
R -2 -DA -P (Residential with a
development agreement -
PUD)
R -2 -DA -P (Residential with a
development agreement -
PUD)
LAND USE
Undeveloped/Part of
Proposed Legacy
Development
Single -Family, Residential
Planned Unit Development
Undeveloped/Part of
Proposed Legacy
Development
Undeveloped/Part of
Proposed Legacy
Development
Snoqualmie Subdivision
No. 8
R -2 -DA -P (Residential with a Agricultural/Part of
development agreement - Proposed Legacy
PUD) Development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant land located at the terminus of Nordic Drive.
L SITE DATA:
Total Acreage of Site — 39.83 -acres
Total Number of Lots — 64
Residential — 54
Commercial — 0
Industrial — 0
Common — 9
City well site —1
Total Number of Units —
Single-family — 54
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on November 6, 2014, shows between a 74 and 77 -foot
wide common lot on the south side of West Nordic Drive abutting the Middleton Canal, and a 55 -foot
wide common lot on the north side of West Nordic Drive. West Nordic Drive is designated as a
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residential collector within the Legacy development. Pursuant to the executed development agreement
(Instrument No. 106161990), a 35 -foot wide landscape strip is required adjacent to all collector roads
on the property with a minimum five foot high berm/wall combination with extensive landscaping
pursuant to Eagle City Code 8-2A-7.
Open Space:
A total of 35.07 -acres (33.19%) of common area is proposed within the planned unit development. The
common area is a combination of pathways, road buffer areas, ponds, tot Iot and streetscape (landscape
islands and landscape strip between the curb and sidewalk). A minimum of 20% open space is required
within a planned unit development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility and drainage easements to be not less than 12 feet in
width.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — No.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The existing
trees located around the existing home on the property are proposed to be removed.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 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 proposed within this phase.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
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N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
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. - 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.
Andeavor
City of Eagle Parks and Recreation
Eagle Fire Department
Republic Services
Idaho Transportation Department
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted February 15, 2015), designates this site as the following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Original Development Agreement Instrument No. 106161990)
3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16, Linder
Road, Floating Feather Road, and the east/west collector and Palmer Lane, which landscape strip
shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit I
attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The landscaping,
including street trees and pathways, shall be reviewed and approved as required by the applicable
provisions in the Eagle City Code and as set forth below:
3.11.3 A 35 -foot wide landscape strip along all collector roads on the Property, including Palmer
Lane, shall include a minimum five foot high berm/wall combination with extensive
landscaping per ECC 8-2A-7 to provide a buffer.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
o 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(F)(1)
When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a
mix of species shall be provided. The number of species to be planted shall vary according to the
overall number of trees required to be planted. Species shall be planted in proportion to the
required mix. See the table below:
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Required Number Of Trees Minimum Number Of Species
11 -20
21 - 30
31-40
41 plus
2
3
4
5
® Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may
be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent
(50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet (3')
horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
® Eagle City Code Section 8 -2A -7(M)(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.
D. DISCUSSION:
® The applicant is requesting approval for the common area landscaping within Snoqualmie Falls
Subdivision No. 9, a 39.83 -acre development with64-lots (54 -buildable, 9 -common, and 1 -city
well site) residential planned unit development. The common area consists of three (3) ponds,
street trees, and the buffer along Palmer Lane and Nordic Drive. The applicant is also requesting
approval to add additional playground equipment to the playground area located within
Snoqualmie Falls Subdivision No. 4.
• The landscape plan, date stamped by the city on September 21, 2017, shows the height of the
berm increased from five feet (5') to a minimum of ten feet (10') and increasing the minimum
size of the evergreen plant material to an average height of eighteen feet (18') to be planted
adjacent to Floating Feather Road. The applicant is requesting approval to continue the reduced
but taller plant material and taller berms along Palmer Lane. Palmer Lane is classified as a
collector and would require a five foot (5') high berm to be planted with four (4) deciduous trees,
five (5) evergreen trees, and twenty-four (24) shrubs per one hundred (100) Iinear feet of
frontage. Pursuant to Eagle City Code, fifty-two (52) deciduous trees, sixty-five (65) evergreen
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trees, and three hundred twelve (312) shrubs are required to be planted within the thirteen
hundred (1,300) linear feet of frontage along Palmer Lane. The landscape plan, date stamped by
the city on September 21, 2017, shows thirty-two (32) deciduous trees, twenty-seven (27)
evergreen trees, seven (7) flower trees, and two hundred and nine (209) shrubs to be planted
adjacent to Palmer Lane. If the additional caliper inches and height of the proposed trees is added
to the trees being planted, it is equal to forty-eight (48) deciduous trees and forty-five (45)
evergreen trees being planted on this site. With the larger plant material, the applicant is deficient
twenty-four (24) trees and one hundred and three (103) shrubs on the frontage; however, the berm
is five feet (5') taller than what is required pursuant to Eagle City Code. Staff defers comment
regarding the reduced but taller plant material and taller berm along Palmer Lane to the Design
Review Board. The landscape plan, date stamped by the city on September 21, 2017, shows
Autumn Blaze Red Maple trees to be planted for street trees throughout this entire phase of the
development. The applicant should be required to provide a revised landscape plan showing a
minimum of two (2) different species of trees to be planted as street trees within this
development. The revised landscape plan should be reviewed and approved by staff and two
members of the Design Review Board prior to the City Clerk signing the final plat.
P Pursuant to the development agreement, active open space is required to be constructed within
this phase of the development. The applicant is requesting to not construct any active open space
amenities and to construct additional playground equipment within Snoqualmie Falls No. 4. The
applicant should be required to provide a revised landscape plan showing active open space
amenities (i.e.: gazebo, benches, pathways, etc.) within this phase of the development. The
revised landscape plan should be reviewed and approved by staff and two members of the Design
Review Board prior to the City Clerk signing the final plat.
O The landscape plan, date stamped by the city on September 21, 2017, shows a city well site to be
located near the northwest corner of the development on Palmer Lane. A design review
application should be submitted for the proposed building and landscaping associated with the
city well site. The design review application should be reviewed and approved by the Design
Review Board prior to any improvements being constructed on the city well site.
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 September 28,
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 1:21:30)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
e The berm planting is unique and beautiful with the Larger plant material and stone walls.
O The proposed buffer along North Palmer Lane appears to match what was previously approved and
planted within Phase 3 along West Floating Feather Road.
e The purpose of the buffer is to provide a buffer and the taller berm and larger plant material provide a
better buffer.
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The additional height and width of the berm makes a better buffer than additional shrubs and trees.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Koci absent) to recommend approval of DR -06-15 MODS for a
design review application to modify the common area landscaping within Snoqualmie Falls Subdivision
No. 9 for Brahma LLC, with the site specific conditions of approval and standard conditions of approval
within their findings of fact and conclusions of law document, dated October 12, 2017.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 24, 2017, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Preston absent) to approve DR -06-15 MODS for a design review application to
modify the common area landscaping within Snoqualmie Falls Subdivision No. 9 for Brahma LLC, with
the following Design Review Board recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05 and
subsequent modifications.
2. Provide a revised landscape plan showing a minimum of two (2) different species of trees to be
planted as street trees within this development. The revised landscape plan shall be reviewed and
approved by staff and two members of the Design Review Board prior to the City Clerk signing the
final plat.
3. Provide a revised landscape plan showing active open space amenities (i.e.: gazebo, benches,
pathways, etc.) within this phase of the development. The revised landscape plan shall be reviewed
and approved by staff and two members of the Design Review Board prior to the City Clerk signing
the final plat.
4. A design review application shall be submitted for the proposed building and landscaping associated
with the city well site. The design review application shall be reviewed and approved by the Design
Review Board prior to any improvements being constructed on the city well site.
5. Locate any street trees, which due to ACHD storm drain facilities have been removed from the
planter strip, behind the separated sidewalk of each lot on the side property lines. Provide a revised
landscape plan showing the street trees located behind the separated sidewalk on the side property
lines. The revised Landscape plan shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
6. 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. A fence permit is required prior to the installation of any fence located along a street.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. No signs are proposed with this application and none are approved.
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9. The landscape plan, date stamped by the city on September 21, 2017, showing a ten foot to twelve
foot (10' to 12') high berm with fewer but larger deciduous trees (3 -inch caliper) and evergreen trees
(10 -foot tall) is approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & EagIe Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
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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
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.
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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
and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -06-15 MODS) 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 Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code Sections 8 -2A -8(E)(4 and 5) and 8-2A-8(J)(4)(a), and has concluded:
a. The proposed berm height of ten feet to twelve feet (10' to 12') and width of one hundred -twenty
feet (120') exceeds the minimum five-foot to eight -foot (5' to 8') high berm and the minimum
width of thirty-five (35') required.
b. The proposed three-inch (3") caliper deciduous trees exceed the two-inch (2") minimum caliper
required.
c. The proposed ten -foot (10') high evergreen trees exceed the six-foot to seven -foot (6' to 7')
minimum height required.
d. The proposed buffer along North Palmer Lane is consistent with the plantings, stone walls, and
berm height and width constructed in a previous phase of the development.
3. The Council 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 an office building is permitted with the approval of a design review
application within the R -2 -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 landscape buffer is designed to complement the
general vicinity and provides aesthetically pleasing landscaping to enhance the character of the
area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
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 plant material on the berm is larger but less than that required
within Eagle City Code Section 8-2A-7(J)(4)(a) thereby creating view corridors and vistas by
leaving open areas on the berm;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the applicant has
provided a regional pathway along North Palmer Lane and within the development and provides
connectivity to the adjacent sites;
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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.
J. 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.
DATED this 24th day of October 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
`—Sharon . Bergmann, Eagle City ( lerk
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