Findings - DR - 2018 - DR-41-18 - Common Area Landscaping In Park Lanes EstatesBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN PARK LANE )
ESTATES SUBDIVISION FOR CHAD BOWERS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -41-18
The above -entitled design review application came before the Eagle Design Review Board for their action
on September 13, 2018. The Board continued the application to September 27, 2018, and made their
decision at that time. The Design Review Board 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:
Chad Bowers, represented by Jesse Buster with Stack Rock Group, is requesting design review approval
of the common area landscaping within Park Lane Estates Subdivision, a 23 -lot (18 -buildable, 5 -
common) residential planned unit development. The 13.08 -acre site is located on the southeast corner
of West Beacon Light Road and North Park Lane at 2686 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 2, 2018. Revised materials (landscape
plan) were received by the City on September 4, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 7, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 24, 2000, the final plat for Whitehorse Subdivision was recorded at Ada County (Instrument
#100039886).
On July 24, 2018, the City Council approved an annexation, rezone with development agreement from
RUT (Residential -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a
development agreement — PUD), conditional use permit, preliminary development plan and preliminary
plat for Park Lane Estates Subdivision(A-04-17/RZ-08-17/CU-13-17/PPUD-07-17/PP-08-17).
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 Neighborhood RUT (Rural -Urban Transition Single-family residence
Residential (Transition — Ada County designation) and agriculture
Overlay)
Proposed No change R -2 -DA -P (Residential with a Single-family residential
development agreement — subdivision
PUD)
North of site Agricultural/Rural RUT (Ada County Agriculture
designation)
South of site Neighborhood RUT (Rural -Urban Transition Single-family residence
Residential (Transition — Ada County designation) and proposed See One
Overlay) and R -2 -DA (Residential with Subdivision
a development agreement)
East of site Neighborhood R -2 -DA (Residential with a Lockey Subdivision
Residential (Transition development agreement)
Overlay)
West of site Neighborhood R I and RUT (Estate Ripcord Ranch
Residential Residential and Rural -Urban Subdivision and a single -
Transition — Ada County family residence on an
designations) unplatted parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has an existing single-family residence, three structures, and mature trees.
I. SITE DATA:
Total Acreage of Site — 11.23 -acres
Total Number of Lots — 23
Residential — 18
Commercial — 0
Industrial — 0
Common — 5
Total Number of Units - 18
Single-family — 18
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The northern property line is located adjacent to West Beacon Light Road which is classified a minor
arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), a fifty foot (50') wide buffer area is
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required adjacent to minor arterials. The western property line is located adjacent to North Park Lane
which is classified as a collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), a thirty-five
foot (35') wide buffer area is required adjacent to collectors. A five to eight foot (5' to 8') high berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof with landscaping shall be provided within these buffer areas.
Open Space:
A total of 2.35 -acres of open space (inclusive of planter strips) is provided within the residential
subdivision. The common areas are proposed to contain the required buffer areas adjacent to North
Park Lane and West Beacon Light Road. There are small common lots located on each side of West
Morgan Creek Street and adjacent to West Charles Court. There is also an open space lot (Lot 17, Block
1) located between the lot containing the existing dwelling unit (Lot 11, Block 1) and the southern
boundary. The preliminary engineering plan, date stamped by the City on May 22, 2018, shows a 5 -
foot wide sidewalk located within this lot.
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:
The preliminary planned unit development plan (lot dimensions), date stamped by the City on May 22,
2018, identifies and delineates an 18 -foot wide public utilities, irrigation, and drainage (PUID)
easement located adjacent to the public right-of-way. The remaining PUID easement widths are
identified and delineated as being 12 -feet in width.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — Yes — the existing home is served by a potable well and septic
system.
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence. The applicant is not
proposing to remove any of the existing trees. 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: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are mature trees near the existing home
that will be retained.
Tree Replacement Calculations: N/A
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Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along Alexander Way, West Charles Court, and West Morgan
Creek Road.
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:
A landscape plan and lighting cut sheet showing the location, height, and wattage has been received
by the City and complies with Eagle City Code Section 8-4-4-2.
SIGNAGE:
P.
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — adjacent to West Park Lane in proximity to the existing residence
Riparian Vegetation - no
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)
Eagle Fire Department
Eagle Parks, Pathway, and Recreation Department
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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:
Neighborhood Residential
Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a
site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
6.6.1 Village Planning Area Uses/Design
b. Densities should decrease as distance increases from the Village Center. The overall densities in
the Village Planning Area and in the Neighborhood Residential designation, south of Beacon Light
Road, should average 1-2 units per acre.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide
an operation and maintenance manual including the funding mechanism as an addendum to
the CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot
be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -
type wooden decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl,
chainlink) shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 Usable park amenities such as, pathways, picnic tables, gazebos, and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape plans
showing open space amenities shall also be reviewed and approved by the Design Review Board
prior to submittal of a final development plan/final plat.
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C. PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT CONDITIONS OF
APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
5. 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 (privacy fencing shall be required adjacent to the east property line of the property located
at 2522 North Park Lane). Specific buffer area fences and decorative walls may be allowed as
otherwise required in ECC Section 8-2A-7 (J).
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. 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.
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(J)(4): Major Roadways
b. Any road designated as a minor arterial on the transportation and pathway network plan in the
Eagle comprehensive plan:
A minimum of fifty feet (50') 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: five (5) shade trees, eight
(8) evergreen trees, three (3) flowering/ornamental 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.
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• Eagle City Code Section 8 -2A -7(M)(3): Parkway Strips, Separated Sidewalks, and Street Trees:
3. Within residential developments one shade class (class 11) tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight
foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the
front of each lot generally located on each side lot line corner with the distance between trees
to be a minimum of thirty-five feet (35') and a maximum of eighty feet (80') of street frontage.
• Eagle City Code Section 9-3-10: Fences
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 subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect. (Ord.
566, 5-15-2007)
E. DISCUSSION:
• The landscape plan shows street trees at the front of each lot that are less than 35 -feet apart. Eagle
City Code Section 8 -2A -7(M)(3) requires trees to be planted at the front of each lot generally
located on each side lot line corner with a distance between trees to be a minimum of 35 -feet and
a maximum of 80 -feet of street frontage. The applicant should be required to provide a revised
landscape plan showing the street trees to be located at each side lot line with the distance
between trees to be a minimum of 35 -feet to maximum of 80 -feet. The revised landscape plan
should be reviewed and approved by staff prior to approval of the final plat application.
• The landscape plan shows solid fencing adjacent to Lot 10 and 12, Block 1, which are common
areas. Eagle City Code Section 9-3-10 and preliminary development plan and preliminary plat
site specific condition No. 5 requires open style fencing adjacent to common area open space.
The applicant should he required to provide a revised landscape plan showing opening style
fencing adjacent to Lots 10 and 12, Block 1. The revised landscape plan should be reviewed and
approved by staff prior to approval of the final plat application.
• The landscape plan shows a planter in the center of the cul-de-sac with a streetlight; however, no
plantings or ground cover are identified. The applicant should be required to provide a revised
landscape plan showing plantings and/or ground cover that will be located within the planter in
the center of the cul-de-sac. The revised landscape plan should be reviewed and approved by staff
and one member of the Design Review Board prior to approval of the final plat.
• The landscape plan shows a cul-de-sac at the end of West Charles Court with curb, gutter,
sidewalk, and street trees. The approved preliminary plat required a stub street to Lot 11, Block 1,
which is not reflected on the landscape plan. The applicant should be required to provide a
revised landscape plan showing a stub street to Lot 1 I, Block 1, as indicated on the preliminary
development plan and preliminary plat and remove the sidewalk, street trees, and solid fencing
shown in that location. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to approval of the final plat application.
• Staff defers comment regarding the common area landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
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PUBLIC MEETING OF THE BOARD (September 13, 2018):
A. A meeting to consider the application was held before the Design Review Board on September 13,
2018. The Board continued the application to the September 27, 2018 meeting.
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 31:00)
On September 13, 2018, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board expressed concern regarding the required stub street to Lot 11, Block 1, and the proposed
landscaping within this area.
• A revised landscape plan addressing the staff recommended site specific conditions of approval and the
concerns raised during the Board's meeting should be provided prior to the next Design Review Board
meeting.
PUBLIC MEETING OF THE BOARD (September 27, 2018):
A. A meeting to consider the application was held before the Design Review Board on September 27,
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 18:10)
On September 27, 2018, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board is in favor of the applicant's revised landscape plan, date stamped by the City on September
27, 2018, with the additional changes required by the site specific conditions of approval provided
herein.
• The Board determined a solid fence along the north property line of Lot 11, Block 1, was appropriate.
If and when Lot 11, Block 1, redevelops, the portion of the fencing located adjacent to the common lot
(Lot 12, Block 1) will be replaced with open style fencing.
Ij
X A A 1-1
iI—
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BOARD DECISION:
The Board voted 5 to 0 (Brasher and Sayer absent) to recommend approval of DR -41-18 for a design
review application for the common area landscaping within Park Lane Estates Subdivision for Chad
Bowers, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board and text shown with
strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-04-17/RZ-08-17/CU- 1 3-17/PPUD-07-17/PP-08-17.
2. Provide a revised landscape plan showing the street trees to be located at each side lot line with the
distance between trees to be a minimum of 35 -feet to maximum of 80 -feet. The revised landscape
plan shall be reviewed and approved by staff prior to approval of the final plat application.
3. Provide a revised landscape plan ohcv/ - , :: - - - b - - - • , .: ' . - -t to Lis 10 and 12, Block 1.
The revised landscape plan shall b 'ed b- staff prior to approval of the final -plat
application:
4- Prov e a re-vised lan ca tinge and/or grad cover that will -be -leg=ated within
f the cul de sac. The ret'' e-plan-shal! br reviewed and approved
by -staff and one member- o - - ` - : - ' - - ! :.: o approval of the final plat.
5. Provide a revised landscape plan showing a stub street to Lot 11, Block 1, as indicated on the
preliminary development plan and preliminary plat and remove the sidewalk, street trees, and solid
fencing shown in that location. The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to approval of the final plat application.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No signs are proposed with this application and none are approved.
10. If a pumphouse is proposed or required for the subdivision irrigation system, the applicant shall
provide a revised site plan, landscape plan, and building elevations showing the location of the
pumphouse, landscaping around the pumphouse, and building materials and colors. The revised site
plan, landscape plan, and building elevations shall be reviewed and approved by staff and two
members of the Design Review Board prior to issuance of a building permit for the pumphouse.
11. Provide a re shat:-ing all overhead pov.er to the ' ,
power to the well, to . The revised landscape -play shall be reviewed and
approved by staff prior to c final plat application,
12. Provide a : e :}sed landcca t - • - - : ' - _ - alt pathway, located adjacent to the west
property line of Lockey Subdivision, connect the 36 fold side.valk ala
Subdivision to t:-� .:aeon Light Road to be removed. The plan shall show the
arca to be landscaped with sad. The -re Ii cd lam plan shall -be re -vie -wed and approved b staff
prior to approval -et -the final plat.
13. Provide a revised landscape p'.an showing the lar.dseaping adjacent to North Park Lane -and -East
Beacon Light -Road emended to within -9 -feet of edge of pave -- - • . - - -
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approved by staff and one member of t-hceGign Review Board prior to approval of
the final 7lat applie-atio
14. Provide a revised landscape plan showing the fence on the north property line of Lot 11. Block 1. to
be a solid fence. including the portion adiacent to Lot 12. Block 1. A cash surety, for the cost of
replacing the solid fence adiacent to Lot 12. Block 1. with a 5-foot wrought iron fence to match the
other open style fence within the development shall be submitted to the City. The revised landscape
plan and cash surety shall be reviewed. approved, and submitted to the City prior to the City Clerk
signing the final plat.
15. Provide a revised landscape plan showing the required stub street extended from the cul-de-sac to Lot
11, Block 1. The stub street shall be constructed to ACHD standards. No landscaping or street trees
are permitted to be planted within this area. The revised landscape plan shall be reviewed and
approved by staff prior to approval of the 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 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.
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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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to
the City Engineer signing the final plat.
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, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to 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
Page 11 of 14
K:ll'lanning I)ept1Eagk Applicationcll)rl20181DR-41-18 Park Lane Estates Sub LS drt tlocx
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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 Commission and/or 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/or 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
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K:1Planning f)eptlE:agle Applications1Dr120IIi11)12-41-18 Park Lane Estates Sub IS drI docx
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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -41-18) 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 Board 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 per
Eagle City Code landscape requirements and will 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 since the
common area landscaping and buffer/berming complies with Eagle City Code Section 8-2A-7;
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 since there are no structures proposed with this application;
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 since the
subdivision has been designed with sidewalks; 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.
Page 13 of 14
K:IPlanning (kptlliaglc ApplicationADr1201811*-d1-1K Park Lark Estates Sub LS drldocx
DATED this 11th day of October 2018.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Id' o
Robert Grub, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City lerk
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