Findings - CC - 2023 - DR-14-23 - Design Review for the Common Area Landscaping within Cadenza Court Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING WITHIN )
CADENZA COURT SUBDIVISION FOR )
MJV PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-14-23
The above-entitled design review application came before the Eagle City Council for their action on May
23, 2023. 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:
MJV Properties,LLC,represented by Jay Gibbons with South,Beck and Baird Landscape Architecture,
is requesting design review approval for the common area landscaping within Cadenza Court
Subdivision. The 1.37-acre site is located on the east side of South Parkinson Street approximately 35-
feet south of the intersection of South Parkinson Street and East Syringa Street at 540 South Parkinson
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 22,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 24, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 2022, the Eagle City Council approved a rezone and preliminary plat applications for
Cadenza Court Subdivision(RZ-16-21 & PP-16-21).
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) Single-Family Dwellings
and Accessory Structures
Proposed No Change R-6-DA(Residential with a Single-Family Residential
development agreement [in Subdivision
lieu of a PUD])
North of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres
Subdivision No. 15)
South of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres
Subdivision No. 15)
East of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres
Subdivision No. 15)
West of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres
Subdivision No. 15)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS: The site is undeveloped and has been used to store vehicles.
J. SITE DATA:
Total Acreage of Site— 1.38-acres
Total Number of Lots— 14
Residential—8
Commercial—0
Industrial—0
Common—6(inclusive of one [1] private street lot)
Total Number of Units—8
Single-family—8
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.84-units per acre 5.84-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 5,003-square feet 5,000-square feet
Minimum Lot Width 51-feet 50-feet
Minimum Lot Frontage 0-feet* 35-feet(minimum)
Total Acreage of Common Area 13,885-square feet(.318-acres)** 12,022-square feet(.28-acres)
(minimum)
Percent of Site as Common Area 23%(15.2%of the common area is 20%(minimum)
proposed as active open space)**
*Lots 5 and 7, Block 1, has access to the private street via the adjacent common lots. As designed, the configuration is in
conformance with Eagle City Code Section 9-3-2-1(J).
**Not inclusive of the area associated with the private street.
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 13,885-square feet(not inclusive of the area associated with the private street)of open space
is proposed. The preliminary plat, date stamped by the City on January 31, 2022, shows two(2)open
space common lots located along South Parkinson Street and three (3) open space common lots are
located at the terminus of the private street.Lot 7, Block 1, located at the terminus of the private street
is shown to contain a pathway and gazebo for active open space.Lot 7,Block 1,contains 2,123-square
feet— 15.2% of the open space common area. The private street common lot contains the planter strip
and detached sidewalk located on the south side of the street. Lots 5 and 9, Block 1, are proposed to
provide emergency access easement for turning vehicles around, guest parking,and green space.
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&Rs 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 plat, date stamped by the City on January 31, 2022, identifies the easements to be in
conformance with Eagle City Code Section 9-3-6. The preliminary plat shows the two(2)existing lots
are served by overhead power.
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)—No.
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Pressurized Irrigation:
The applicant has submitted a Revised Waiver of Pressure Irrigation Requirement request,date stamped
by the City on December 27, 2021, requesting a waiver since the property has no right or access to
irrigation water from the New Dry Creek Ditch Company.
Preservation of Existing Natural Features:
The site contains mature trees located along South Parkinson Street and near the existing accessory
structure located in proximity to the southeast corner of the property.The trees will need to be retained
(or mitigated if approved for removal).
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.
M. BUILDING DESIGN FEATURES:
Trellis— 10'
Douglas fir rough sawn post and rafters—stained natural
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:There are two existing trees,one 24-inch willow
and one 12-inch poplar that are proposed to be removed from the site.
Tree Specie Caliper/ Condition Remove/R Replacement
Height etained Inches/Feet per
ECC
Willow 24" Poor condition,undesirable,weak wooded Remove 0"
Poplar 12" Poor condition,undesirable, short lived Remove 0"
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site 36"
Total caliper inches proposed for mitigation 0"
Tree Replacement Calculations: The applicant is not proposing to plant any additional trees to mitigate
for the 36-caliper inches of trees being removed from this site. See discussion on page 9 for more
information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along South Parkinson Street and East Syringa Court.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
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Q. OUTDOOR LIGHTING:
A site plan showing location and a detailed lighting cutsheet showing style, height, wattage, and
illumination type of the streetlights has been received and complies with Eagle City Code Section 8-4-
4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
revised and approved by the Zoning Administrator prior to issuance of any sign permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Sewer District
Eagle Park,Pathway,and Recreation
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
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2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the 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;
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;
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 commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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:
Compact
Suitable for single family residential,row houses,duplex and four-plexes.Densities range from 4 units
per acre to 8 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable,and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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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, fencing,parking areas, private street, 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 to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. 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.
(d) Similar residential home exterior elevations shall not be used twice within a five (5) home
radius of each other.
3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.8 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the 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) proposed useable
amenities such as picnic tables,covered shelters,benches,gazebos, and/or similar amenities,6)all
proposed fencing throughout the development, 7)cluster mail box, 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 application.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-
way and remain clearly visible from the roadway.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
16. All living trees shall be preserved,unless otherwise determined by the Design Review Board.A
detailed landscape plan showing how the trees will be integrated into the open space areas or
private lots(unless approved for removal by the Design Review Board)shall be provided for
Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be
installed(pursuant to the Design Review Board's direction)to protect all trees that are to be
preserved,prior to the commencement of any construction on the site.
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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.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.
19. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
20. 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).
25. The applicant shall be required to provide recreational amenities(i.e.,basketball hoops,
hopscotch court,four-square court,etc.) located within Lots 5 and 9,Block 1, (emergency access
turnaround easement). The proposed recreation amenities shall be reviewed and approved by the
Design Review Board. The recreational amenities shall be installed and/or completed prior to the
City Clerk signing the final plat.
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)Retention,Removal,and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
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Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
E. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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.
F. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Cadenza Court Subdivision, a 14-lot (8-buildable, 5 common, 1-private street) residential
subdivision. Street trees are proposed along the lot frontages and along South Parkinson Street. A
gazebo with benches is proposed within the common Lot 7,Block 1. A basketball hoop and court,
hopscotch, and four-square striping is proposed within the common Lots 5 and 9, Block 1. Staff
defers comment regarding the common area landscaping and amenities to the Design Review
Board.
• The applicant is proposing to remove two trees from the site, one 24-inch willow and one 12-inch
poplar that are proposed to be removed from the site. No mitigation has been proposed for the
removal of these two trees. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees
are required to be retained on site unless removal is approved in writing by the City. Pursuant to
Eagle City Code Section 8-2A-7(C)(2)(c), unless it is determined by the City that replacement is
necessary to preserve and/or restore riparian and wildlife habitat, removal of Black Locust, Silver
Maple, and Cottonwood trees do not require replacement. Pursuant to Eagle City Code Section 8-
2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of caliper
inches is required to be replanted and for each vertical foot of coniferous tree removed, an
equivalent amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the two trees to the Design Review Board.
If the City approves the removal of the trees and does not require mitigation,no additional trees
are required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 36-caliper inches of tree(18,
2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt
to pay an in lieu fee into the tree fund in the amount of$6,300.00(36-caliper inches x$175.00
per caliper inch). The payment to the tree fund should be received by the City prior to the
submittal of a final plat application.
-OR-
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Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
• The landscape plan shows a 6-foot high tan vinyl fence to be located on the east property line of
Lots 1 and 13,Block 1. Pursuant to the development agreement Exhibit"D",a 4-foot high wrought
iron fence is to be located on the east property lines of Lots 1, and 13, Block 1. The applicant
should be required to provide a revised landscape plan showing a 4-foot high wrought iron fence
to be located on the east property lines of Lots 1 and 13, Block 1. The revised landscape plan
should be reviewed and approved by staff prior to the submittal of a final plat application.
• The landscape plan shows one, 30-foot high streetlight to be installed on the southeast corner of
South Parkinson Street and East Syringa Court and one,20-foot high streetlight to be located at the
east end of East Syringa Court. The applicant should be required to provide a revised landscape
plan showing the streetlight proposed on the southeast corner of South Parkinson Street and East
Syringa Court to be 20-feet high(maximum). The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and 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 April 27, 2023,at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is concerned about the proposed recreational amenities being in proximity to vehicular
traffic and recommends other recreational amenities be considered and located within the common
areas where there is no vehicular conflict.
• The Board is in favor of no tree mitigation being required based on the species and health of the existing
trees not being appropriate for a developed subdivision.
BOARD DECISION:
The Board voted 4 to 0(Mihan recused; Lindgren and Merrill absent)to recommend approval of DR-14-
23 for a design review application for the common area landscaping within Cadenza Court Subdivision,
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 May 11,2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on May 23,2023,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-14-23 for a design review application for the common area
landscaping within Cadenza Court Subdivision,with the following Design Review Board recommended
site specific conditions of approval and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-16-21 and PP-16-21.
2. The City approves the removal of the trees and does not require mitigation, no additional trees are
required.
3. Provide a revised landscape plan showing a 4-foot high wrought iron fence to be located on the east
property lines of Lots 1 and 13, Block 1. The revised landscape plan shall be reviewed and approved
by staff prior to the submittal of a final plat application.
4. Provide a revised landscape plan showing the streetlight proposed on the southeast corner of South
Parkinson Street and East Syringa Court to be 20-feet high (maximum). The revised landscape plan
shall be reviewed and approved by staff prior to the submittal of a final plat application.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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. Provide a revised landscape plan showing temporary asphalt pathway connections between the
sidewalk and the edge of South Parkinson Street at the north and south ends of the sidewalk.The revised
landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat application.
11. Provide a revised landscape plan and detailed cutsheets of alternate recreation amenities to be located
within the common areas that do not conflict with vehicular traffic. The revised landscape plan and
detailed cutsheets shall be reviewed and approved by staff and two members of the Design Review
Board prior to the submittal 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
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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.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company,ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping,fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
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11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
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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. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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-14-23) 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-6-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
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D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 23rd day of May 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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