Findings - DR - 2023 - DR-19-23 - Valnova Lot 22 - Common Area Landscaping within Valnova Subdivision - Lot 22 (Spring Valley Pump No. 1) (2) BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN VALNOVA )
SUBDIVISION—LOT 22(SPRING VALLEY )
PUMP NO.1 FOR GWC CAPITAL,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-23
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 11,2023. The Eagle 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:
GWC Capital,LLC,represented by Eric Langvardt with Langvardt Design Group,is requesting design
review approval for the common area landscaping within Valnova Subdivision—Lot 22(Spring Valley
PUMP No. 1). The 8.09-acre site is generally located approximately ' -mile northeast of the
intersection of State Highway 16 and Equest Lane(approximately 1-mile north of Beacon Light Road
and Linter Road intersection)(Ada County Assessor parcel numbers S0323336000 and S0323 1 1 00 1 5).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 21,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 28, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 11, 2007, the City Council approved an annexation and rezone application with a
development agreement from RP (Rural Preservation — Ada County designation) and RR (Rural
Residential—Ada County designation)to R-1-DA(Residential One with a development agreement)for
M3 Eagle(A-14-06&RZ-19-06).
On November 24,2009,the City Council approved a development agreement modification to adopt the
M3 Hillside and Grading Standards on November 24,2009(RZ-19-06 MOD1).
M3 received a Conditional Letter of Map Revision(CLOMR) from FEMA on February 17, 2009. An
amendment was submitted in March of 2013 and was approved by FEMA on November 8,2013.
On January 11,2011,the City Council approved the overall project-wide Habitat Mitigation Plan.
On January 14,2014,the City Council approved an amended and restated development agreement for
M3/Spring Valley(RZ-19-06 MOD2).
On January 14,2014,the City Council approved the M3/Spring Valley Development Standards and by
the adoption of Ordinance 710,established Eagle City Code Title 11—Planned Developments,Chapter
A—Spring Valley.
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On March 18,2022, the City of Eagle Floodplain Administrator approved a Floodplain Development
Permit for Alliance Consulting(FPDP-06-21).
On May 24, 2022, the City Council approved a Planned Unit Master Plan(PUMP)No. 1 for Spring
Valley for GWC Capital,LLC,(PU-01-21).
On May 24,2022,the City Council approved a design review for the common area landscaping along
Aerie Way within Spring Valley PUMP No. 1 for GWC Capital,LLC,(DR-22-22).
On May 24,2022,the City Council approved a design review for the common area landscaping along
Big Gulch Parkway,Linder Road,and Aerie Way(East)within Spring Valley PUMP No. 1 for GWC
Capital,LLC,(DR-23-22).
On May 24, 2022, the City Council approved a two (2) community entry monument signs for Spring
Valley Subdivision for GWC Capital,LLC(DR-24-22).
On August 24, 2022, the City approved a Mass Grading Permit associated with the Spring Valley
PUMP No. 1 for Western Construction,Inc.
On October 25,2022,the City approved Spring Valley Subdivision No. 1,a large lot preliminary plat,
associated with the Spring Valley PUMP No. 1 for GWC Capital,LLC,(PP-17-21).
On January 10,2023,the City Council approved a preliminary plat for Valnova Lot 17 Subdivision(a
re-subdivision of Spring Valley Subdivision No. 1), a 201-lot (188-buildable, 13-common [7-
community open space, 1-regional open space,5-private alleys])subdivision(PP-12-22).
On May 9, 2023,the City Council approved a preliminary plat for Valnova Lot 51 Subdivision(a re-
subdivision of Spring Valley Subdivision No. 1),a 50-lot(41-buildable,9-common[7-community open
space,2-private alleys])subdivision(PP-20-22).
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 Foothills Residential R-1-DA(Residential with a Rural Residential/Large
development agreement) Lot Single Family(Gulch
Ranch Estates Subdivision
&Kling Estates
Subdivision)/Vacant
Land/Limited Agriculture
Proposed No Change No Change Single Family Residential
Subdivision and
Community Open Space
North of site Foothills Residential R-1-DA(Residential with a Vacant Land(Designated
development agreement) For Future Re-
Subdivision)
South of site Foothills Residential PS(Public/Semi-Public) Vacant Land and Public
Land(Bureau of Land
Management)
East of site Foothills Residential R-1-DA(Residential with a Vacant Land(Designated
development agreement) For Future Re-
Subdivision)
West of site Foothills Residential R-1-DA(Residential with a Vacant Land(Designated
development agreement) For Future Re-
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is currently undeveloped and range land.
J. SITE DATA:
Total Acreage of Site—8.09-acres
Total Number of Lots—49
Buildable—41
Commercial—0
Industrial—0
Common—8(6-community open space,2-private alleys)
Total Number of Units— Single-family—41 (16-SF3,2-SFSL,and 23-SFA)
41 units are within the Big Gulch Planning Area
0 units are within the Southern Planning Area
Duplex—0
Multi-family-0
Total Acreage of Any Out-Parcels—0-acres
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ADDITIONAL SITE PROPOSED: REQUIRED:
DATA:
Dwelling Units per Gross Total: 1.77 du/ac As approved for PUMP No. 1 for the
Acre Within Big Gulch PA: 2.12 du/ac Big Gulch PA: 4.24 du/ac
SF3: 5.62 du/ac SF3: 10 du/ac max.
SFSL: 6.45 du/ac SFSL: 12 du/ac max.
SFA: 10.65 du/ac SFA: 18 du/ac max.
Total PUMP No. 1: 2.19 du/ac max+
Total Spring Valley: 1.19 du/ac max
++
Minimum Lot Area SF3: 5,620 square feet SF3: 4,000 square feet
SFSL: 3,896 square feet SFSL: 3,000 square feet
SFA: 1,700 square feet SFA: N/A
Total Acreage of 17.31 acres Total 0.69-acres*
Common Area Open (13.44 acres are within the Big
Space Gulch Planning Area; 3.87 acres
are located within the Southern
Planning Area)
Percent of Site as 74.81% 2.98%(minimum)*
Common Area Open 20%O.S. minimum for Valnova
Space(O.S.) 40%O.S. goal for Valnova
+Based on the approved PUMP No. 1.
++Based on the requirements of the amended and re-instated development agreement.
*Based on the Eagle City Code Section 11A-13C-6 that states all single-family residential subdivisions(except for the RR and
ER districts)within the Spring Valley development are required to have a minimum of 600 square feet of open space per lot.
K. PARKING ANALYSIS: N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 0.77-acres(approximately 15%of the total subdivision)of open space is proposed within the
subdivision. The open space is inclusive of the 6 common lots that are dedicated to open space
(exclusive of the 2 private alleys) and two (2) open space easements across Lots 14-15, Block 2, and
Lots 17-24, Block 2. The common lots located within Lot 13, Block 2, and Lot 39, Block 2, and the
two open space access easements have five-foot(5')wide sidewalks to provide pedestrian circulation
throughout the subject property and to adjacent lots within Valnova.
Landscape Screening:
Landscape buffers are not required for the residential portion adjacent to Silverberry Loop and
Krumholtz Way since they are classified as local streets.
A landscape buffer is not required for the residential portion of the project facing Glencara Parkway
since the adjacent Lot 21, Block 1 (not a part) is an open space common lot that provides buffering
adjacent to Glencara Parkway,which is classified as a Foothills Principal Arterial.
Storm Drainage and Flood Control:
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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:
Eagle City Code section 11A-13C-4 requires utility easements to be not less than 10-feet-wide.
Common lots have blanket easements.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Star Fire Protection District.
On-site Septic System—No
Preservation of Existing Natural Features:
As part of the Planned Unit Master Plan(PUMP)No. 1 for Spring Valley the applicant is required to
comply with the Habitat of Special Concern Plan (dated February 2022) at the time of final plat
submittal where required. The southern portion of Lot 51 falls within the area labeled as Habitat of
Special Concern,however the applicant is not required to preserve or mitigate any of the HASC in this
location,pursuant to the approved Exhibit U"Habitat Area of Special Concern Plan"(dated February
2022)within the approved PUMP NO. 1 (PU-01-21).
The project is trending towards compliance relative to the approved PUMP No.1 (PU-01-21) as it
relates to Habitat of Special Concern.
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:
Mailbox Structure,9' 6"tall
Roof: Metal(Endura-Coat Charcoal Gray)
Base: Stone Veneer(Table Rock Sandstone)
Columns: Steel(Iron Ore)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
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 Krumholtz Way and Silverberry Loop Way.
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, color, style, height, and wattage of streetlights and bollard lights was
provided and complies with Eagle City Code Section 11A-3-9.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved prior to the installation of any signs on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within City of Eagle 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-yes—As identified within Exhibit T"Constrained Lands Plan"(dated February 2022),of
PUMP No. 1.The applicant has an approved Conditional Letter of Map Revision(CLOMR)and
approved Floodplain Development Permit for work within the floodplain area(FPDP-06-21).
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-yes—As identified within Exhibit U"Habitat of Special Concern Plan"(dated
February 2022),of PUMP No. 1
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
A Habitat Mitigation Plan was previously submitted and subsequently reviewed on behalf of the City
by an environmental consultant (ECS) and a letter of adequacy stating the plan was sufficient was
provided. Upon review and approval by ECS the City Council approved the Habitat Mitigation Plan.
The applicant submitted a Habitat Areas of Special Concern Plan(HASC)as part of the Spring Valley
PUMP No. 1 application to address concerns identified within the Habitat Mitigation Plan.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Street Naming
Ballentyne Ditch Company
Eagle Fire Department
Eagle Historic Preservation
Eagle Park,Pathway,and Recreation
Eagle Sewer District
Y. LETTERS FROM THE PUBLIC:None received to date.
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Z. EAGLE CITY CODE 1 IA-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.
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 DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'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:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan designates this site as:
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Foothills Residential
A unique combination of land uses within the Eagle Foothills that strives to balance residential,
non-residential, and open space (developed and natural) use to create unique hamlets of
development that place urban development within the natural environment without overcrowding
or significantly altering the natural features found on the site.
The overall density in the foothills should be approximately 1 unit per two acres. Residential
densities should be calculated to be commensurate with the existing land conditions. Priorities for
open space areas should be lands with slopes of 25% or greater and important habitat areas. No
residential density should be granted for areas located within the Floodway. Units should be
arranged in accordance with the transect plan as described in the Foothills planning area.
6.14 Land Use Sub Area:
The Comprehensive Plan designates this site to be located within the North Eagle Foothills
Planning Area.
B. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
14. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 11A-13C-8.All fencing shall comply with the requirements of the Habitat Mitigation
Plan.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 11A-3-1: GENERAL APPLICABILITY:
This title applies to all proposed development located within Spring Valley and requires the
submittal of a design review application pursuant to this title and fee as prescribed from time to
time by the city council.
The following are specifically excluded from the requirements of design review: development of
an individual single-family detached dwelling on a single parcel,an individual duplex(2 dwelling
units),and an individual townhome consisting of a maximum of two(2)dwelling units.
• Eagle City Code Section 11A-3-6(B)(2): Roofs
e. Metal: Standing seam,batten seam(concealed fasteners required);metal,standing seam/batten
seam is prohibited on mansard roof sections facing a road;
• Eagle City Code Section 11 A-3-7(S)(4)(b)(8)
A terminal or interior island for a single row of parking spaces shall be landscaped with at least one
tree and shrubs, ground cover, or grass. A terminal or interior island for a double row of parking
spaces shall contain not less than two(2)trees and shrubs,ground cover,or grass.
D. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Valnova Subdivision— Lot 22, a 49-lot (41-buildable, 8-common [6-community open space, 2-
private alleys])subdivision. Street trees are proposed along the frontages of Krumholtz Way and
Silverberry Loop Way. Amenities include a bench, pathways within common open space. Staff
defers comment regarding the common area landscaping to the Design Review Board.
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• Page 8,cluster mailbox,shows elevations of the mailbox cover that includes a metal roof. Pursuant
to Eagle City Code Section 11A-3-6(B)(2)(e),metal roofs are required to have concealed fasteners.
The applicant should be required to provide a revised page 8 of the landscape plan showing the
metal roofing to have concealed fasteners. The revised page should be reviewed and approved by
staff prior to submittal of the fmal plat application.
• Page 10,Landscape plan,shows a parking area with 8 parking spaces flanked by terminal landscape
islands at each end near the intersection of Arete Lane and Farside Lane. The northwestern
landscape island has two trees and the southeastern landscape island has only one tree proposed
within the island. Pursuant to Eagle City Code Section 11A-3-7(S)(4)(b)(8),a terminal or interior
island for a single row of parking spaces shall be landscaped with at least one tree and shrubs,
ground cover,or grass.A terminal or interior island for a double row of parking spaces shall contain
not less than two(2)trees and shrubs,ground cover,or grass. The applicant should be required to
provide a revised landscape plan showing two trees to be planted within the southeastern terminal
island of the 8 parking spaces located near the intersection of Arete Lane and Farside Lane. 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 May 11, 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 in favor of the proposed landscaping as submitted.
BOARD DECISION:
The Board voted 3 to 0(Lindgren recused;Grubb, Sayer,Duperault absent)to recommend approval of
DR-19-23 for a design review application for the common area landscaping within Valnova Subdivision—
Lot 22 within Spring Valley PUMP No. 1,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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of PP-20-22.
2. Provide a revised page 8 of the landscape plan showing the metal roofing to have concealed fasteners.
The revised landscape page shall be reviewed and approved by staff prior to submittal of the final plat
application.
3. Provide a revised landscape plan showing two trees to be planted within the southeastern terminal island
of the 8 parking spaces located near the intersection of Arete Lane and Farside Lane. The applicant
shall work to relocate the streetlight to a location that provides illumination for the area. The revised
landscape plan and streetlight location shall be reviewed and approved by staff prior to the submittal of
a final plat application.
4. A separate design review application is required to be submitted prior to the construction of any of the
single family attached units. The single family attached dwelling units shall be reviewed and approved
by the City prior to the issuance of a zoning certificate.
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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. Paint all electrical meters,phone boxes,etc.located on any structures to match the color of the structure.
10. No signs are proposed with this application and none are approved.
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.
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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, 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
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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 fmal 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. 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
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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-19-23) with regard to the Eagle City Code Title 11A, Chapter 3, DR Design Review, 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 11A-3-13, "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 common aera landscaping is permitted with the approval of a design
review application within the R-1-DA (Residential one 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 with this application. The off street
parking will be reviewed in a future design review application;
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 since the building is
in conformance with the Eagle Architecture and Site Design Book and will enhance the proposed
buildings in the vicinity—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 this
application;
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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DATED this 25th day of May 2023.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
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