Findings - CC - 2018 - DR-40-18 - Design Review For The Common Area Landscaping In Woodcreek EstatesBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN WOODCREEK )
ESTATES SUBDIVISION FOR SMKM, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -40-18
The above -entitled design review application came before the Eagle City Council for their action on
October 9, 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:
SMKM, LLC, represented by Keith Bucher, is requesting design review approval of the common area
landscaping within Woodcreek Estates Subdivision, a 9 -lot (6 -buildable, 3 -common) residential
subdivision. The 4.03 -acre site is located at the terminus of West Enchantment Street, North
Cobblestone Lane, and North Cobblestone Way at 489 North Cobblestone Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 2, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 6, 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 a parcel division for SMKM, LLC (PD -02-18).
On August 28, 2018, the City Council approved a preliminary plat for Woodcreek Estate Subdivision
(PP -05-18).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential, R-4 (Residential) Vacant parcel
Floodway, and Regional
Open Space Overlay
Proposed No Change No Change Single-family residential
subdivision
North of site Neighborhood R-4 (Residential) Single-family residential
Residential (Clear Creek Crossing
Subdivision)
South of site Compact Residential R-4 (Residential) Single-family dwellings
and proposed Feldspar
Subdivision
East of site Compact Residential R-4 (Residential) Single-family residential
(Once Upon a Subdivision)
West of site Compact Residential, R-3 and R-4 (Residential) Vacant parcel
Transition Overlay and
Floodway
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped agricultural land and there are
numerous trees located around the perimeter of the site.
I. SITE DATA:
Total Acreage of Site — 4.03 acres
Total Number of Lots — 9
Total Number of Units — 6
Residential — 6
Commercial — 0
Industrial — 0
Common — 3
Single-family — 6
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Open Space:
The subdivision is located within the R-4 (Residential) zoning district, a minimum 18% of open space
is required. The applicant is proposing to base the required open space from the area of the subdivision
containing lots less than 37,000 square -feet in size. The subdivision consists of 3 -common lots (Lots 3,
6, and 9), Block 1. Lot 3, Block 1, will consist of landscaping and an emergency vehicle access (EVA)
road. Lot 6, Block 1, will consist of landscaping and the common share driveway providing access to
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Lots 4 and 5, Block 1. Lot 9, Block 1, located adjacent to the northern boundary, consists of several
mature trees and the Dry Creek Canal maintenance road. Useable common area open space amenities
have not been provided.
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 may be required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
The proposed subdivision is located in proximity to Dry Creek. There are mature trees located adjacent
to Dry Creek. Also, there is a row of mature trees located adjacent to the northern boundary of the
subdivision. The applicant is not proposing to remove any trees.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within the
northern proportion of the property located at the base of the canal and within the proposed common
lot (Lot 3, Block 1). All existing trees are proposed to be retained or relocated on site.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Enchantment Street.
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 identifies a street light location within the cul de sac of the subdivision and a
detail of the fixture showing the height, wattage, and illumination proposed. The applicant should be
required to provide the proposed type of luminaries to be used prior to the City Clerk signing the final
plat.
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P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -31-16) has
been submitted for the approval of signs proposed on this building and on the site.
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 — yes — Dry Creek
Evidence of Erosion — no
Fish Habitat — yes — Dry Creek
Floodplain — yes, the site is located within the 1% chance area of special flood hazard (FIRM panel
# 16001 C0153H, effective date February 19, 2003)
Mature Trees — yes — see sheet L1.1
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
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.
Ada County Highway District
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Fire Department
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 15, 2017), designates this site as the
following:
• 6.5 Land Use Designation
Compact Residential
Suitable for single family residential, row houses, duplex, and four-plexes. Densities range from 4
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units per acre to 8 units per acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry
Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space
because of the nature of the floodway which can pose significant hazards during a flood event.
Floodway areas are excluded from being used for calculating residential and development densities.
Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands
area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or
similar amenities, as may be credited toward the minimum open space required for a development,
if approved by the City Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown
on the Land Use Map, the adjacent land use designation shown shall be considered to abut the
actual floodway boundary.
Regional Open 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 integral 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 contiguous to public lands and existing open space areas.
• Chapter 9: Parks, Recreation and Open Spaces
9-3-2 Active Recreation Objectives:
D. Provide a system of interconnected parks, trails, and open spaces throughout the City. Require
all development to provide developed pathways for connection to Eagle's public pathway
system and/or adjoining development's public pathway system.
E. Create a pathway system that reflects the desire to have a pedestrian and bicycle friendly
community including a network of central and neighborhood paths where residents are able to
safely access and utilize alternative forms of transportation.
9.3.3 Active Recreation Implementation:
C. Establish connections from the central city and neighborhoods to the Boise River greenbelt and
the Eagle Foothills.
S. Greenbelt and pathway development priorities should include: greenbelt/pathway system along
the Boise River, greenbelt/pathway system along the Dry Creek, corridor preservation along
future planned pathways and irrigation features; and road crossings.
9.5 Floodway and Floodplain
D. Require developers to provide improved pathway systems with links to adjoining pathway
systems, parks, and open spaces.
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B. PRELIMINARY PLAT PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
10. The applicant shall install a street light at the terminus of the cul-de-sac in proximity to the shared
driveway located within Lot 6, Block 1. The street Light specifications shall be reviewed and
approved by staff prior to installation. The street light shall be installed prior to the City Clerk
signing the final plat.
11. Pave the emergency vehicle access (EVA) located within Lot 3, Block 1. The pavement cross-
section shall be included within the subdivision construction documents to be reviewed and
approved by the City Engineer. The applicant shall provide recreational amenities (i.e. basketball
hoops, hopscotch court, four-square court, etc.) located within and/or adjacent to the EVA. The
EVA shall be paved and the recreational amenities completed prior to the City Clerk signing the
final plat.
17. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -
foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the
applicant shall 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.
18. 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 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 on the site.
19. 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).
20. All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat.
23. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
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
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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(B)(3)(d)
Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence
proposed is complementary to the building architecture and overall site design.
• 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 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.
D. DISCUSSION:
• The applicant is requesting design review approval to construct the common area landscaping
within Woodcreek Estates Subdivision, a 9 -lot (6 -buildable, 3 -common) residential subdivision.
Street trees are proposed along the frontage of each lot. The 4.03 -acre site is located at the terminus
of West Enchantment Street, North Cobblestone Lane, and north Cobblestone Way at 489 North
Cobblestone Lane.
• Sheet L1.2, date stamped by the City on August 2, 2018, shows the street light to be 400 -watt
high pressure sodium and 3500 Kelvin or less. Pursuant to Eagle City Code Section 8-4-4-2
(A)(6) incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights,
3000K maximum LED lights (or approved equivalent) shall be the only type of site and building
lighting permitted. The applicant should be required to provide a revised street light detail
showing the light to be a maximum of 250 -watt high pressure sodium or a maximum of 3000
Kelvin. The revised street light detail should be reviewed and approved by staff prior to the City
Clerk signing the final plat.
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• There is a three rail cedar fence located generally along the north and west boundaries of the
development. The applicant is proposing to retain the three rail cedar fence in its current location
along the north boundary of the development and is proposing to relocate the three rail cedar
fence to the west property line in the areas where it does not match the west property line.
Pursuant to Eagle City Code Section 8-2A-6(B)(3)(d), decorative wood and vinyl fencing may be
permitted if the city determines that the style of fence proposed is complementary to the building
architecture and overall site design. Staff defers comment regarding the three rail cedar fence 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 September 13,
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 9:50)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the applicant retaining the existing three rail cedar fence along the north
boundary of the development and relocating the three rail cedar fence to the new property line along
the west. The Board affirms the fence style is appropriate for this location and is aesthetically pleasing.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Baer absent) to recommend approval of DR -40-18 for a design review
application for the common area landscaping within Woodcreek Estate Subdivision for SMKM, LLC,
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 September 27, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 9, 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 -40-18 for a design review application for the common area
landscaping within Woodcreek Estate Subdivision for SMKM, 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 PP -05-18.
2. Provide a revised street light detail showing the light to be a maximum of 250 -watt high pressure
sodium or a maximum of 3000 Kelvin. The revised street light detail shall be reviewed and approved
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by staff prior to the City Clerk signing the final plat.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application and none are approved.
5. The existing three rail cedar fence along the north boundary of the development and the existing three
rail fence to be relocated to the new west property line of the development is approved.
6. Provide a revised landscape plan showing columnar trees to be planted as the street trees within the
landscape strip around the cul de sac. The revised landscape plan shall be reviewed and approved by
staff and one member of the Design Review Board prior to the City Clerk signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
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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
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.
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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/
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
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K:\Planning Dept\Eaglc Appiieations1Dr\2()1S11)R-40-lR Woodcrrek Estates l.S ccrdocx
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 -40-18) 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-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;
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 nor detract from
desirable architectural features.
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K:II'lanning 1hpt1Eagle Applicatinns1M120181UR-4l)-IX Woodcreck Estates IS ccfdocx
DATED this 9l'' day of October 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
1.0
Sharon K. Bergmann, Eagle City Clerk
Reconsideration Notice. Applicant has the light, pursuant to Section 67-6535, Idaho Code, to ►cquest a reconsideration within
fourteen (14) days of the linal written decision.
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