Findings - CC - 2018 - DR-36-17 - Common Area Landscaping In Feldspar SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN FELDSPAR
SUBDIVISION FOR EAGLE SINGLE
FAMILY, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -36-17
The above -entitled design review application came before the Eagle City Council for their consideration
on February 27, 2018, at which time their decision was made. 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:
Eagle Single Family, LLC, represented by John Rennison with Rennison Companies, is requesting
design review approval of the common area landscaping within Feldspar Subdivision. The 3.44 -acre
site is located on the east side of North Taylor Street approximately 950 -feet north of the intersection
of West State Street and North Taylor Street at 368 North Taylor Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 9, 2017. Supplemental information was
received by the City of Eagle on December 22, 2017 (revised justification letter), January 3, 2018
(garden box exhibit), January 10, 2018 (revised landscape plan), and January 11, 2018 (lighting cut
sheets).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 29, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 14, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plan for Feldspar Planned Unit Development for Eagle Single Family, LLC. (CU-
03-17/PPUD-02-17/PP-02-17)
On November 28, 2017, the City Council approved the findings of fact and conclusions of law
associated with the Feldspar Planned Unit Development for Eagle Single Family, LLC. (CU-03-
17/PPUD-02-17/PP-02-17 )
On December 12, 2017, the City Council approved the request for reconsideration to address Site
Specific Condition #7 regarding the required setbacks for the development.
On December 12, 2017, the City Council approved the reconsideration for CU-03-17/PPUD-02-17/PP-
02-17 for Feldspar Subdivision with site specific condition #7 amended.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Infill High Density,
Regional Open Space
Overlay, Scenic Corridor
Proposed No Change
North of site
Neighborhood, Regional
Open Space Overlay
ZONING
DESIGNATION
R-4 (Residential)
No Change
R-4 (Residential)
South of site Infill High Density R-4 (Residential)
East of site
West of site
Infill High Density,
Regional Open Space
Overlay
Neighborhood
R-4 (Residential)
R-4 (Residential)
LAND USE
Single -Family Residential
Subdivision
No Change
Single-family Dwelling
Well lot serving Dell
Subdivision, Eagle
Seventh-Day Adventist
Church, and a Single -
Family Dwelling
Parcel Containing Private
Lane (Cobblestone Lane)
and Single -Family
Dwelling
Single -Family Residential
Subdivision (Dell
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has an existing single-family residence.
I. SITE DATA:
Total Acreage of Site — 3.44 -acres
Total Number of Lots — 20
Residential — 12
Commercial — 0
Industrial — 0
Common — 8
Total Number of Units — 12
Single-family — 12 (1 -existing residence to remain)
Townhouse — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Open Space:
The proposed development includes 0.68 -acres of common area (not inclusive of the private road and
common driveway lots). The common areas consists of a small lot located adjacent to North Taylor
Street (Lot 1, Block 1), a lot located adjacent to the northeast corner of the subdivision at the end of a
shared driveway lot (Lot 7, Block 1), a larger lot centrally located adjacent to the cul-de-sac (Lot 11,
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Block 1), a small lot located at the west side of the cul-de-sac (Lot 18, Block 1), and a lot containing a
drainage facility located at the intersection of Taylor Lane and North Taylor Street (Lot 20, Block 1).
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 easements to be not less than 12 feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned
unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be
served by Eagle Water Company.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
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:
The residential buildings will be designed and constructed in accordance with the architectural exhibits
approved with the PUD.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are several existing trees on the site. The applicant has identified three (3) trees that will need be
relocated on the site and one (1) tree that will need to be removed. All other trees will be protected and
retained. Below is a list of the existing trees proposed to be removed and/or relocated with their
respective conditions.
Tree Specie Caliper Condition
Ginko (1) 24" caliper Good condition/will need to be
removed to install site
improvements
Amur Maple (3) 16" caliper each
Good condition/three (3) will
be relocated to the common
area
Tree Replacement Calculations:
There are three (3) trees proposed to be removed and relocated on site and one (1) tree proposed to be
removed totaling 24 caliper inches. The applicant is required to mitigate for 24 caliper inches and is
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proposing to install one (1) 2 -inch caliper tree in the rear yard of each of the twelve (12) lots for the
required mitigation. All other trees are proposed to be retained, therefore, no additional tree mitigation
is required.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the north and south side of Taylor Lane.
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:
The landscape plan has identified three (3) street lights on the south side of Taylor Lane. The
applicant has provided two (2) detailed cut sheets of the proposed lighting (only one type to be
installed). The style of the street lights are the same; however, the applicant is still deciding whether
to move forward with LED or metal halide illumination and has asked to have both types of
illumination (which comply with code) to be approved.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any sign permits.
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 — yes — The northern two-thirds (2/3) of the site is located within a 1% -chance floodplain
area, as identified on the Flood Insurance Rate Map, Panel #16001C0153H.
Mature Trees — yes — Located in proximity to the existing residence and in proximity to the southwest
corner of the property.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
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Unstable Soils - unknown
Wildlife Habitat - unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Eagle Fire Department
Eagle Parks and Recreation Director
Republic Services
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 November 15, 2017), designates this site as the
following:
Infill/High Density
Suitable for lofts, townhouses, and apartments within or adjacent to downtown or as part of a mixed-
use node/community center. This use is generally located in downtown Eagle or along existing or
future transit routes with infrastructure, parks/open space/schools, and service/convenience uses
within IA mile of the site. Densities range from 8 to 20 units per acre. Density may be limited to
ensure compatibility and transition between uses adjacent to the site. Design specifications may
include increased setbacks for multi -story buildings, landscape buffers and transitional densities.
Regional Space Overlay
Open space should be designed to capitalize on and expand the open space areas around natural features
and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources —
floodways and floodplains (including riparian and wetland areas), slopes in excess of 25% locally
significant features, and scenic viewpoints. Fragmentation of open space areas should be minimized so
that resource areas are able to be managed and viewed as an integrated network. Open space areas
within the Foothills and along Dry Creek and the Boise River should be designed to function as part of
a larger regional open space network. Where possible, open space should be located to be contiguous
to public lands and existing open space areas.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
B. PRELIMINARY PLAT CONDITIONSOF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2. 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).
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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 or 5 -feet from the back of curb on the north side of Taylor Lane.
Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod,
and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of
all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. 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. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
6. The applicant shall submit a design review application including, but not limited to: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape islands and
knuckles and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the irrigation
pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and
approved by the Design Review Board prior to the submittal of final development plan/final plat
applications.
12. Provide a revised preliminary plat/preliminary development plan which shows vertical curbing
located adjacent to Taylor Lane with the exception of the driveway areas. Rolled curb with gutter
(or formed or cut-out equivalent) may be utilized for the driveway areas. The revised preliminary
plat/preliminary development plan shall be provided prior to submittal of final development
plan/final plat applications. (ECC 9-3-2-5[B][2])
13. A minimum five-foot (5') wide sidewalk separated by a minimum eight -foot (8') wide planter strip
shall be located on the south side of Taylor Lane. The sidewalk may be attached to the street located
adjacent to the cul-de-sac.
19. Provide a revised preliminary development plan/preliminary plat showing a street light located at
the intersection of Taylor Lane and North Taylor Street. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of a design review application.
21. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat. (ECC 9-4-1-8)
30. The applicant shall be required to install solid privacy fencing located adjacent to the perimeter of
the subdivision. The solid privacy fencing shall be reviewed and approved by the Design Review
Board prior to submittal of the final development plan/final plat applications. In the event the
adjacent property owner(s) located to the south request solid fencing with one -foot (1') of lattice
located within the upper area of the fence, the applicant shall provide written correspondence from
the adjacent property owner approving the proposed style of fencing.
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31. Lot 15 shall not be utilized as an access point and shall be landscaped with natural grass, shrubs,
and/or trees.
32. In the event the applicant is permitted to install a potable water line within Cobblestone Lane, the
preliminary plat/preliminary development plan, date stamped by the city on November 14, 2017,
is approved as an alternative (Exhibit "C").
C. 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.
D. DISCUSSION:
• Site specific condition #30 of the preliminary plat/preliminary development plan approval
requires solid privacy fencing located adjacent to the perimeter of the subdivision. If the adjacent
property owners located south of the site request solid fencing with one -foot (1') of lattice located
within the upper area of the fence, then the applicant is required to provide written
correspondence from those owners approving that style of fencing. The landscape plan shows a
semi -privacy vinyl fence with 1.5" pickets, which is not consistent with the style of fencing
approved within the preliminary plat/preliminary development plan approval. In addition, written
correspondence from the property owners adjacent to the southern boundary approving the solid
vinyl fencing with the one -foot (1') lattice on the upper area has not been received by the city.
The applicant should be required to provide a revised landscape plan showing a solid vinyl fence
along the entire southern boundary of the site. If the applicant receives approval from the property
owners (located south of the site) to install the solid vinyl fencing with one -foot (1') lattice
located within the upper area of the fence then the applicant should be required to provide a copy
of the written correspondence, a revised landscape plan identifying the location of the fencing,
and provide a detail of the fence style. The revised landscape plan, detail of the fence, and written
correspondence (if applicable), should be reviewed and approval by staff prior to the submittal of
the final plat application.
• Site specific condition #32 of the preliminary plat/preliminary development plan approval states,
"In the event the applicant is permitted to install a potable water line within Cobblestone Lane,
the preliminary plat/preliminary development plan, date stamped by the city on November 14,
2017, is approved as an alternative." The landscape plan, date stamped by the city on January 10,
2018, reflects the layout of the lots per the preliminary plat/preliminary development plan, date
stamped by the city on November 14th. In the event the applicant is not permitted to install a
potable water line within Cobblestone Lane and the preliminary plat/preliminary development
plan is revised, the applicant should be required to submit a revised landscape plan reflecting the
new lot layout. 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 application.
• Sheet L2.0 shows a detail of a wrought iron fence; however, the landscape plan does not identify
where this type of fencing is proposed. The applicant has indicated that they will not install the
wrought iron fencing but have included a detail of what lots adjacent to street corners or common
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areas will be required to install should they choose to. The applicant should be required to
provide a site plan identifying the location of all required open style fencing. The site plan should
be reviewed and approved by staff prior to the submittal of the final plat application.
• 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 January 25, 2018,
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 26:66)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the applicant's revised landscape plan, date stamped by the City on January
25, 2018, which addressed site specific condition no. 2.
• The Board is in favor of the proposed tree mitigation the applicant has submitted.
BOARD RECOMMENDATION:
The Board voted 6 to 0 (Baer absent) to recommend approval of DR -36-17 for a design review
application for the common area landscaping within Feldspar Subdivision for Eagle Single Family, LLC,
with the site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document, dated February 8, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 27, 2018, 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 4 to 0 to approve DR -36-17 for a design review application for the common area
landscaping within Feldspar Subdivision for Eagle Single Family, 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 applicable conditions of CU-03-17/PPUD-02-17/PP-02-17.
2. In the event the applicant is not permitted to install a potable water line within Cobblestone Lane and
the preliminary plat/preliminary development plan is revised, the applicant shall be required to submit
a revised landscape plan reflecting the new lot layout. 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 application.
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3. Provide a site plan identifying the location of all required open style fencing. The site plan shall be
reviewed and approved by staff prior to the submittal of the final plat application.
4. If the three (3) Amur Maple trees are not able to be relocated to the common area, the applicant will
be required to provide tree replacement mitigation in accordance with Eagle City Code Section 8 -2A -
7(C) prior to the City Clerk signing the final plat. Required mitigation for three (3) Amur Maple (16 -
caliper inches each) is 48 -caliper inches.
5. If individual mailboxes are not utilized, the applicant shall provide a revised landscape plan showing
the location of the mailbox clusters and a detail of the mailbox clusters showing the style, color, etc.
The revised landscape plan and detail of the mailbox cluster shall be reviewed and approved by staff
and one member of the Design Review Board prior to submittal of the final plat application.
6. A plan showing construction fencing around the existing trees (a minimum of 10 -feet from the trunk
of the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip
line of the trees shall be submitted to the City. Construction fencing shall be installed around all
existing trees required to be retained by the Design Review Board prior to the commencement of any
construction on the site. Cups or dams shall be built within the drip line of each tree in order to retain
water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within
the drip line of the trees.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No signs are proposed with this application and none are approved.
11. The revised landscape plan, date stamped by the city on January 25, 2017, showing the updated fence
detail along the southern portion of the property 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 & 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
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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
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.
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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.
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.
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -36-17) 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 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 subdivision landscaping is permitted with the approval of a design review
application within the R-4 (Residential) 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 common area 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;
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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. 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 — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the 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.
DATED this 27th day of February 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Cierk
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