Findings - CC - 2018 - DR-27-18 - Common Area Landscaping In Creighton Woods SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN CREIGHTON
WOODS SUBDIVISION FOR CREIGHTON
WOODS DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -27-18
The above -entitled design review application came before the Eagle City Council for their action on July
24, 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:
Creighton Woods Development, Inc., represented by Tamara Thompson with The Land Group, Inc., is
requesting design review approval of the common area landscaping within Creighton Woods
Subdivision. The 50.92 -acre site, consisting of four parcels, is located south of the South Channel of
the Boise River between the terminus of West Oakhampton Drive on the east and the terminus of East
Clear Creek Drive on the west.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 24, 2018. Revised materials (lighting
cut sheet, landscape plan, building elevations, and tree inventory) were received by the City on June
19, 2018 and June 25, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 29, 2018, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 1993, the City Council approved an annexation, rezone, and preliminary and final plat for
Creighton Heights Subdivision for Mark and Carlene Canfield. (A-93/RZ-931PP-93/FP-93)
On May 9, 2000, the City Council approved an annexation, rezone, and preliminary plat for
Wedgewood Subdivision for Creighton — Westbend, LC. (A-02-00/RZ-01-001PP-02-00)
On September 12, 2000, the City Council approved the subdivision landscaping and entry signs for
Wedgewood Subdivision for Creighton-Westbend, LC. (DR -40-00)
On April 10, 2001, the City Council approved the final plat for Carlene Estates Subdivision (formerly
known as Wedgewood Subdivision) for Wedgewood, LC. (FP -05-01)
On February 10, 2015, the City Council approved an annexation and rezone for Shane and Sharon
Mace. (A-04-14/RZ-04-14)
On August 28, 2017, the Zoning Administrator approved a lot line adjustment for Mark Canfield and
Shane and Sharon Mace (original property line located between 1960 West Joplin Lane [Mace property]
and 2050 West Joplin Lane [Canfield property]). (LLA -11-17)
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On May 8, 2018, the City Council approved an annexation, rezone from RUT (Residential -Urban
Transition — Ada County designation), R -E (Residential -Estates), and R-1 (Residential) to R -2 -DA -P
(Residential with a development agreement — PUD), conditional use permit, preliminary development
plan and preliminary plat approvals for Creighton Woods Subdivision, a 64 -lot (58 residential, 6
common) residential planned unit development (A-05- 1 7/RZ-09-17/CU-14-17/PPUD-08-17/PP-09-
17).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R -2 -DA -P (Residential with Single-family residential
Residential and Large development agreement — subdivision
Lot Residential PUD)
Proposed No Change No Change No Change
North of site Neighborhood A (Agricutural), R -E -DA Boise River, single-family
Residential and (Residential -Estates with a residence, and Banbury
Floodway development agreement), and Meadows Subdivision No.
R -3 -DA -P (Residential with a 8
development agreement —
PUD)
South of site Neighborhood
Residential and Estate
Residential
R -E (Residential -Estates) and
R-1 (Residential)
Creighton Heights and
Carlene Estates
Subdivisions
East of site Neighborhood R -E (Residential -Estates), R- Banbury Golf Course,
Residential 3 -DA -P (Residential with a single-family residence,
development agreement — and Banbury Meadows
PUD), and R -2-P (Residential Subdivision No. 8
— PUD)
West of site Estate Residential
RUT (Rural -Urban Transition Clearvue Estates
— Ada County designation) Subdivision
and R -E (Residential -Estates)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has two existing structures near the southeast corner of the site that will be removed. The site
also has mature trees around the perimeter of the site and near the two existing structures.
I. SITE DATA:
Total Acreage of Site — 50.92 -acres
Total Number of Lots — 64
Residential — 58
Commercial — 0
Industrial — 0
Common — 6
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Total Number of Units -
Single-family — 58
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas:
The preliminary plat, date stamped by the City on January 26, 2018, shows a common lot located
adjacent to the Boise River, however, it does not identify a pathway located adjacent to the river with
the exception of the northwest corner of the property.
Open Space:
The preliminary plat, date stamped by the City on January 26, 2018, identifies 17.27 -acres of open
space (inclusive of planter strips) is provided within the development. The open space consists of six
(6) common lots which are inclusive of a pond, stream, and pathways.
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
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence, Kidd Creek, and the Boise
River. 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
riparian area located adjacent to the Boise River will 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:
Combined mailbox/irrigation pump house and sewer lift station
Roof: Asphalt Shingle (Woodland)
Walls: Stucco (SW6126 Navajo White), Stone veneer (Ferrous)
Windows/Doors: Aluminum (Dark Brown)
Fascia/Trim: Wood (Bourbon), metal flashing and rain gutters (copper)
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Pergola
Columns: Corten Steel
Base: Stucco Cap (SW6126 Navajo White), Stone veneer (Ferrous)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
The applicant is proposing to remove forty-seven (47) existing trees from the site. Eighteen (18) trees
are identified as Cottonwoods or Black Locust which do not require mitigation pursuant to Eagle City
Code Section 8 -2A -7(C). The remaining twenty-nine (29) trees will require mitigation as identified
within Eagle City Code Section 8 -2A -7(C). Below is a list of all existing trees proposed to be removed
with their respective conditions identified within the landscape plan, date stamped by the City on June
25, 2018.
Tree Specie Caliper / Height Condition Replacement Inches
per ECC
Cottonwood (11) 3" — 24" Removal required for 0
subdivision
improvements/Mitigation
not required per Eagle
City Code
Black Locust (7) 2" — 24" Removal required for 0
subdivision
i mprovements/Mitigation
not required per Eagle
City Code
Pine(11) 2" Poor(1)/Good(10) 0"
3„ /Mitigation required per 6„
Eagle City Code
14" 14"
13" 13"
10" 15"
13" 13"
14" 14"
8" 12"
14" 14"
6" 12"
6" 12"
Ash (9) 5" Moderate / Good 10"
8„ /Mitigation required per 12„
Eagle City Code
13" 13"
8" 12"
13" 13"
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6"
4"
4"
4"
Apricot (2) 2" Moderate / Good
24" /Mitigation required per
Eagle City Code
Black Walnut (2) 6" Good/Mitigation
4„ required per Eagle City
Code
Service Berry (3) 4" Moderate / Good /
4„ Mitigation required per
Eagle City Code
4"
Red Mulberry (2) 14" Moderate / Good /
8„ Mitigation required per
Eagle City Code
Total caliper inches of trees required to be replaced on site
Total caliper inches of trees proposed on site for mitigation
12"
8"
8"
8"
4"
24"
12"
8"
8"
8"
8"
14"
12"
319"
542"
Proposed Tree Mix (Species & Number): The Board approved the proposed tree mix. See site specific
conditions herein for additional requirements.
Street Trees: Street trees are proposed along East Clear Creek Drive, West Brook Swift Drive, South
Trout Stone Way, West River Shade Court, West Oakhampton Drive, and South Mallard Wing Way.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
The landscape plan and cut sheets identify the locations, style, height, wattage, and correlated colour
temperature (3000 Kelvin) street lighting proposed which complies with Eagle City Code Section 8-
4-4-2(A).
P. SIGNAGE:
Q.
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 the issuance of any building permits.
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.
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Located adjacent to the Boise River and Kidd Creek
(areas to be undisturbed).
Evidence of Erosion — no
Fish Habitat — yes — Boise River and Kidd Creek
Floodplain — yes — Located at the northwest corner of the project.
Mature Trees — yes — Located in proximity to the existing residence, Boise River, and Kidd Creek.
Riparian Vegetation — yes — located in proximity to the Boise River
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
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:
Andeavor (fka Tesoro Logistics NW Pipeline)
Drainage District #2
Eagle Fire Department
Eagle Parks, Pathways, and Recreation Department
Eagle Sewer District
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 November 14, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate
Residential and Agricultural/Rural designations.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.3 (b) A requirement for all fencing located adjacent to open space and corner lots to be open -
style such as wrought iron, extruded aluminum (look identical to wrought iron), or three -
rail -type wooden decorative fencing. All other fencing (i.e. dog-eared cedar fencing,
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vinyl, chainlink) shall be prohibited.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands
and all common areas throughout the development, 3) elevation plans for all proposed
common area structures and irrigation pump house (if proposed), 4) landscape screening
details of the irrigation pump house (if proposed), 5) sewer lift station, 6) useable amenities
such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or
similar amenities, 7) all proposed fencing throughout the development, and 8) street lights.
The design review application shall be reviewed and approved by the Eagle Design Review
Board and City Council prior to the submittal of a final plat.
3.8 Owner shall provide and construct a 6 -foot wide natural pathway from W. Brook Swift Drive
to the existing easement adjacent to the south bank of the North Channel of the Boise River.
This pathway shall be constructed within a pedestrian access easement a minimum of 20 -feet
in width to allow for future construction of a 10 -foot wide pathway that conforms with the
City's current construction standards. The pathway shall be constructed concurrently with the
phase associated with the common lot where the pathway will be located. The specific location
and design of the pathway shall be approved by the City of Eagle Parks, Pathways, and
Recreation Department prior to submittal of a design review application. The instrument
number of the recorded easement or easements shall be references on the face of the plat, upon
recordation of the final plat(s) wherein the pathway is located. Upon completion of
construction of the pathway and prior to the acceptance of the pathway by the City, the Owner
shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating
that the pathway was constructed within the easement area, and 2) submit a letter from the
design engineer indicating that the pathway was constructed in substantial compliance with the
approved plans and specifications. The subdivision shall maintain this pathway until which
time that the City elects to improve the pathway for increased capacity and/or connectivity to
other pathways. The owner shall provide the City with a public access easement for public
access, and for possible future pathway development. This easement shall be a minimum of
25 -feet in width at the intersection with the existing river access easement (State of Idaho
Acquired Easement No. 266) at 90 -degree angle that will provide area sufficient for radiused
transitions for the future roadway access pathway where it could potentially meet a 10 -foot
pathway located in the existing river easement.
3.9 Owner shall provide and construct a 6 -foot wide public access natural pathway within the
existing easement (State of Idaho Acquired Easement No. 266) adjacent to the river. This
pathway will terminate at the east and west ends of the easement no further than 15 -feet away
from the outer development property lines. This pathway may meander to allow preservation
of desirable trees. The pathway shall be constructed concurrently with Phase No. 1 of
Creighton Woods Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Parks, Pathways, and Recreation Department prior to submittal
of a design review application. The instrument number of the recorded easement or easements
shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the
pathway is located. Upon completion of construction of the pathway and prior to the
acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped and
prepared by a professional land surveyor demonstrating that the pathway was constructed
within the easement area, and 2) submit a letter from the design engineer indicating that the
pathway was constructed in substantial compliance with the approved plans and specifications.
The subdivision shall maintain this pathway until which time that the City elects to improve
the pathway for increased capacity and/or connectivity to other pathways.
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C. PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT CONDITIONS OF
APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
9. Provide a revised preliminary plat and PUD preliminary development plan showing the internal
pathway to be paved and a minimum width of six feet (6').
11. 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. 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.
12. 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 application. 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 of the site.
13. 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).
16. All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat.
17. The cul-de-sacs shall be designed to terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a minimum
radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
landscape island and the outside edge of the street as measured from the face of curb of the island
to the face of curb located on the outside edge of the street.
24. The applicant shall install 4 -foot high wrought iron or anodized aluminum fencing on the shared
property line located between the common lot containing the greenbelt pathway and the rear lot
lines of the adjacent residential lots.
25. The applicant shall install 4 -foot high wrought iron or anodized aluminum fencing along the
southern property line of the subdivision.
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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 -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:
Existing Tree Replacement
1 inch to 6 inches caliper
61/4 inches to 12 inches
121/4 inches or more
2x caliper of tree removed
1.5x caliper of tree removed
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.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8 -2A -7(J): BUFFER AREAS/COMMON LOTS:
5. Common Area Landscapes: New residential subdivision common area landscapes shall be
comprised of the following:
b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.
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E. DISCUSSION:
• The applicant is proposing to remove forty-seven (47) existing trees on the site. Eighteen (18)
trees are identified as Cottonwoods (11) and Black Locusts (7) which do not require mitigation if
first approved by the City. If the Design Review Board approves the removal of the forty-seven
(47) trees, the remaining twenty-nine (29) trees identified will require mitigation. Pursuant to
Eagle City Code Section 8 -2A -7(C), the required mitigation for the other twenty-nine (29) trees is
three hundred and nineteen (319) caliper inches. The applicant is proposing an additional five
hundred and forty-two (542) caliper inches located throughout the common areas in addition to
what is required in 8 -2A -7(E)(4 & 5) for the mitigation of the trees. Staff defers comment
regarding the proposed tree removal to the Design Review Board.
• Staff defers comment regarding the common area landscaping, mailbox cluster/irrigation pump
house, and sewer lift station to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 28, 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 22:25)
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 landscape plan with a condition to add two additional species
of trees to be used for street trees.
• The Board determined a detail of the banks of the pond was needed.
• The Board determined physical material samples needed to be reviewed and approved for all structures.
• The Board is in favor of the proposed tree mitigation the applicant has submitted.
BOARD DECISION:
The Board voted 3 to 0 (Baer, Brasher, Grubb, and Schafer absent) to recommend approval of DR -27-18
for a design review application for the common area landscaping within Creighton Woods Subdivision for
Creighton Woods Development, Inc., 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 July
12, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 24, 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).
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -27-18 for a design review application for the common area
landscaping within Creighton Woods Subdivision for Creighton Woods Development, Inc., 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 A-05-17/RZ-09-17/CU-14-17/PPUD-08-17/PP-09-17.
2. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
3. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
4. No signs are proposed with this application and none are approved.
5. Provide a revised landscape plan showing the plant material proposed around the pond. The revised
landscape plan shall include a cross section of the pond showing the safety shelf. The revised
landscape plan with a cross section of the pond shall be reviewed and approved by staff prior to
approval of a final plat application.
6. Provide material samples showing types, colors, textures, etc. to be used in the construction of the
mailbox/irrigation pump house building, sewer lift station, and pergola. The material samples shall be
reviewed and approved by staff and one member of the Design Review Board prior to approval of a
final plat application.
7. Provide a revised landscape plan showing two additional tree species of street trees. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the approval of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1 The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
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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.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
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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,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
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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 -27-18) 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 -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 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;
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K:U'lanning DeptlEagk ApplicationsMM21118 DR -27-18 Creighton Woods Sub LS cct.Jucx
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.
3. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code Section 8 -2A -7(C), "Existing Vegetation:" and has concluded that the proposed design
review:
A. The Council approves the removal of the 47 trees due to their location (conflicted with the
subdivision roads and sidewalks), the proposed mitigation of the 47 trees, and the retention of all
other existing trees on the site.
DATED this 24th day of July 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
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Sharon K. Bergmann, Eagle Cit Clerk „,„N,,,,,
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.
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