Findings - CC - 2018 - DR-23-18 - Common Area Landscaping In Hazen Ranch SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN HAZEN RANCH )
SUBDIVISION FOR BRISTOL COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -23-18
The above -entitled design review application came before the Eagle City Council for their action on June
26, 2018. 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:
Bristol Company, represented by Shawn Nickel with SLN Planning, is requesting design review
approval to construct the common area landscaping within Hazen Ranch Subdivision. The 38.18 -acre
site is located on the east side of North Meridian Road at the southeast corner of West Caliper Court
and North Meridian Road at 2044 and 2400 North Meridian Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 5, 2018. Supplemental information
was provided on May 16, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 9, 2018, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2018, the City Council approved an annexation, rezone with development agreement, and
preliminary plat for Hazen Ranch Subdivision (A-01-18/RZ-01-18 and PP -01-18).
E. COMPANION APPLICATIONS: DR -24-18 (monument sign application)
Page 1 of 13
K:1Planning Dept Eag a Applications1DA20181DR-23-18 Hazen Ranch Sub 15 ccf.docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential RUT (Rural -Urban Transition — Single-family dwelling and
Ada County Designation) agriculture
Proposed No Change R -E -DA (Residential -Estates Residential subdivision
with a development agreement)
North of site Estate Residential R -E -DA (Residential -Estates Catalpa Subdivision
with a development agreement)
South of site Large Lot Residential R -E (Residential -Estates) Canterbury Subdivision
East of site Estate Residential RUT (Rural -Urban Transition — Kennsington Meadows
Ada County Designation) Subdivision
West of site Neighborhood Residential R -E (Residential -Estates) Henry's Subdivision
and Transitional Overlay
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk
as part of HCR/Level 3 Subdivision No. 2.
I. SITE DATA:
Total Acreage of Site — 35.18 -acres
Total Number of Lots — 17
Residential — 17
Commercial — 0
Industrial — 0
Common — 0
Total Number of Units — 17
Single-family — 17
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — none
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one building to be utilized as an irrigation pump house.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 10 foot high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed irrigation pump house structure will be 80 square feet.
Open Space:
The proposed subdivision will be located within the R -E (Residential -Estates) zoning district, a
Page 2 of 13
K:1Planning DepllEagle ApplicationsU)r1201S\DR-23-18 Hazen Ranch Sub LS ccf.docx
minimum amount of open space is not required, and none is proposed.
Landscape Screening:
The applicant is proposing to install the required landscape buffering located adjacent to North
Meridian Road.
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.
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) — Yes — the existing house is served by a septic system.
Pressurized Irrigation:
The pressurized irrigation system will utilize water from the Farmers Union Ditch. The applicant is
proposing a pond and irrigation pump station to operate the pressurized irrigation system. The pond
and irrigation pump station will be located within Lot 2, Block 1 (buildable lot).
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence. 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.
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:
Roof: Asphalt Shingles (Driftwood)
Walls: Horizontal siding (Gray)
Windows/Doors: Wood (Gray)
Fascia/Trim: Wood (White)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 11 existing trees located in the
southwest corner of the development (around the existing residential dwelling). The species of trees
consist of black locust, maple, and pine. There are three maple trees located near the southwest corner
of the development that the applicant is proposing to retain. The 3 trees range in size from 43 caliper
to 48 caliper.
Tree Replacement Calculations: There are 11 trees located in the southwest corner of the development
and the applicant is proposing to remove 7 of the trees. Only three of the trees being removed require
mitigation.
Page 3 of 13
K:1Planning DeptlLagk ApplicatiansUh120181DR-23-18 Hazen Ranch Sub LS ccf.ducx
Tree Specie Condition Caliper/Height Replacement Inches
Per ECC
Maple Good condition 37" caliper
Horse Chestnut Good condition 18" caliper
Pine Good condition 20' tall (equivalent to 4 — 6' tall
evergreen trees)
Total Caliper Inches of Tree Required to be Replaced On Site
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the entire development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
37"
18"
8"
63"
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site lighting 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:
Q.
No signs are proposed with this application. A separate design review application (DR -24-18) has
been submitted for the approval of a subdivision entry monument sign at the entrance to this
development.
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 — yes — see Sheet 11.01
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Page 4 of 13
K:U'lanning Dcpt1liagle Applications1DA20181DR-23-18 Hazcn Ranch Sub LS ccf.docx
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.
Ada County Highway District
Andeavor (fka Tesoro Logistics NW Pipeline)
City of Eagle Municipal Water
Eagle Fire Department
Flood Control District 10
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:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and roadway
capacity.
B. DEVELOMENT AGREEMENT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.5 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, 3) landscape
screening details of the irrigation pump house (if proposed), 4) all proposed fencing throughout
the development, and 5) street lights. The design review application shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of a final plat application.
C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
7. Provide a revised preliminary plat showing a 35 -foot wide buffer area located within a 35 -foot
wide landscape buffer easement located along the entire frontage adjacent to North Meridian
Road. The revised preliminary plat shall be provided prior to submittal of a design review
application.
11. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
Page 5 of 13
KN'lanning DepOHagle Applications\DA20181DR-23-1g Hazen Ranch Sub LS ccLdocx
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.
12. 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. Any and all drainage swales and/or seepage beds shall be placed so as to not
interfere with the required placement of street trees. 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.
13. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to the City Clerk signing the
final plat.
14. 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).
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8 -2A -6(A)(5) Utilities:
Utility service systems shall not detract from building or site design. Cable, electrical, and
telephone service systems shall be installed underground.
• Eagle City Code Section 8 -2A -7(C): Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Page 6 of 13
K:lplanning Dcptlfagk Applications1Dt120181DR-23-18 Hazen Ranch Sub LS ccf.docx
Existing Tree
Replacement
1 inch to 6 inches caliper j 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar, cottonwood,
willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched,
suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt
from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three
(3) 4 -inch caliper trees or four (4) 3 -inch caliper trees.
• Eagle City Code Section 8-2A-7(J)(4)(a)
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.
E. DISCUSSION:
• The applicant is requesting design review approval to construct the common area landscaping
within Hazen Ranch Subdivision, a 17 lot (17 buildable) residential subdivision. Street trees are
proposed throughout the entire development spaced 80 feet on center. A 35 foot wide landscape
buffer is proposed adjacent to North Meridian Road showing the required plant material pursuant
to Eagle City Code Section 8-2A-7(J)(4)(a).
• Sheet L1.01, date stamped by the City on April 5, 2018, shows 11 existing trees located in the
southwest corner of the development (around the existing residential dwelling). The applicant is
proposing to remove 7 of the 11 trees. Five of the trees are black locust trees or a maple tree that
has sever damage which does not require mitigation. The three remaining trees total 63 caliper
inches of tree caliper that is required to be mitigated on site. The landscape plans, date stamped
by the City on April 5, 2018 and May 16, 2018, do not show the 63 caliper inches mitigated on
site. The applicant should be required to provide a revised landscape plan showing 63 caliper
Page 7 of 13
K:1Planning Dept\Eagle Applications1Dr120181DR-23-18 Hazen Ranch Sub LS ccI docx
inches of tree mitigated on site. 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.
• Sheet L1.01, date stamped by the City on April 5, 2018, shows a 43 inch caliper maple tree
located in the southwest corner of the development that is to be retained; however, Sheet L1.13,
date stamped by the City on May 16, 2018, does not show how this tree is to be incorporated into
the proposed berm and landscaping adjacent to North Meridian Road. The applicant should be
required to provide a revised landscape plan showing the 43 inch caliper maple tree located near
the southwest corner of the development incorporated into the berm and landscaping adjacent to
North Meridian Road. 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 24, 2018, at
which time the Board made their recommendation.
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 1:00:37)
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 showing larger caliper deciduous trees
and taller evergreen trees within the landscape buffer adjacent to North Meridian Road to mitigate for
the 106 caliper inches of tree being removed from the site.
• The Board affirms the use of a "Street Tree Option List" to provide the property owners options for
street trees but in order to provide a more structured look to the street trees the Board recommends each
property owner be limited to one species of tree for each property owner's frontage.
BOARD RECOMMENDTAION:
The Board voted 5 to 0 (Grubb and Germano absent) to recommend approval of DR -23-18 for a design
review application for the common area landscaping within Hazen Ranch Subdivision for Bristol
Company, with the following site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document, dated June 14, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 26, 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 -23-18 for a design review application for the common area
landscaping within Hazen Ranch Subdivision for Bristol Company, with the following Design Review
Board recommended site specific conditions of approval and standard conditions of approval.
Page 8 of 13
K:Wlanning Depth agk ApplicatianADr120181DR-23-18 Haien Ranch Sub LS ccf.docx
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-01-18/RZ-01-18 and PP -01-18.
2. The revised landscape plan, date stamped by the City on May 24, 2018, showing the 106 caliper
inches of tree mitigated on site within the berm is approved.
3. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. The existing overhead utility lines and poles located on the southern boundary,
providing utilities to the development to the south and east of this development are not required to be
removed.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application and none are approved.
6. Provide a revised landscape plan showing the "Future Residential Class II Street Tree Option List" to
not eight trees. The following trees shall be removed from the list: Mountain Alder, Ginkgo Biloba,
and Japanese Pagoda Trees. The River Birch tree shall be amended to a single stem tree variety. The
landscape plan shall be revised to stipulate that each property owner may choose one street tree
species from the "Future Residential Class II Street Tree Option List" to be planted at the frontage of
their property. The revised landscape plan shall be reviewed and approved by staff prior to the City
Clerk signing the final plat.
7. A plan showing construction fencing around the two 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 should be submitted to the City. Construction fencing shall be installed around
the trees to be retained 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.
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
Page 9 of 13
K:V'lanning DeptTagk ApplicationADr120181DR-23-18 Hazen Ranch Sub LS ccf.docx
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.
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.
Page 10 of 13
K:1Planning Dept\Gaglc Applications1Dr1211181DR-23-18 Hazen Ranch Sub LS ccf.docx
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.
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,
Page 11 of 13
K:1Planning Dept1L'aglc Applications1Dr120181DR-23-18 Hazen Ranch Sub LS ccl'.docx
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 -23-18) 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 -E -DA (Residential -Estates with a development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed 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;
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;
Page 12 of 13
K:1Planning Dcpaliaglc ApplicationssDr12O181DR-23-18 Hazen Ranch Sub 1-S cct docx
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 nor detract from
desirable architectural features.
DATED this 26th day of June 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle C,rfy Clerk
.•' .f OF E
(;;&;::;v
•*:
•.ip :,�SEAL.
•
••,,,,,,R,,,,,, ••• O
� SOF 9
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the final written decision.
Page 13 of 13
K:U'lanning Dept\Eagle Applicatwns\DA2018\DR-2118 Hazen Ranch Sub 1S ccf.docx