Findings - CC - 2019 - DR-56-18 - Common Area Landscaping In LakemoorBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN LAKEMOOR
SUBDIVISION NO. 8 FOR C AND 0
DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -56-18
The above -entitled design review application came before the Eagle City Council for their action on January
22, 2019. 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:
C and 0 Development Inc., represented by Jon Breckon with Breckon Land Design, Inc., is requesting
design review approval of the common area landscaping within Lakemoor Subdivision No. 8. The 12.3 -
acre site is located at the southeast corner of the intersection of North Eagle Road and South Eagles
Gate Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 25, 2018. Revised materials
(landscape plan, existing tree plan) were received by the City on December 5, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 29, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -
acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc., (FP-13-05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
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Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification for DMB
Investments (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a modification of the preliminary plat associated with
Lakemoor Subdivision (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for B.W.
Eagle, Inc. and DMB Investments, Inc. (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for B.W.
Eagle, Inc. (FP -07-13).
On December 26, 2013, the Lakemoor Subdivision No. 4 final plat was recorded at the Ada County
Recorder's Office.
On June 13, 2014, the Lakemoor Subdivision No. 5 final plat was recorded at the Ada County
Recorder's Office.
On April 14, 2015, the City Engineer recommended approval of the Eagles Gates Drive Extension.
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments (FP -08-15).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with a development agreement, modifications
to the preliminary plat and original development agreement associated with Lakemoor Subdivision
(RZ-05-02 MOD4/RZ-03-16/PP-03-05 MOD2).
On January 20, 2017, Lakemoor Commercial Subdivision was recorded at the Ada County Recorder's
Office.
On February 14, 2017 the City Council approved the final plat for Lakemoor Subdivision No. 6 for
DMB Development (FP -03-17).
On April 25, 2017, the City Council approved the final plat for Pamela Baker Park Subdivision for
DMB Development (FP -02-17).
On May 9, 2017, the City Council approved the final plat for Lakemoor Subdivision No. 7 for C&O
Development, Inc (FP -17-16).
On June 27, 2017, the City Council approved the final plat for Lakemoor Commercial South
Subdivision for Hawkins Companies (FP -11-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Mixed Use
Proposed No Change
North of site Mixed Use
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement)
No Change
MU -DA (Mixed Use with a
development agreement)
South of site Mixed Use R-1 (Residential)
East of site
Mixed Use MU -DA (Mixed Use with a
development agreement)
West of site Neighborhood
Residential
R -2-P (Residential — PUD)
LAND USE
Vacant land
Planned Unit Development
(PUD) consisting of
Office, Commercial, and
Residential (Lakemoor
Subdivision)
Approved movie theater,
multi -tenant
restaurant/retail, vacant
parcels
Single-family residences
Single-family residences
(Lakemoor Subdivision
No. 4)
Single-family residences
(Banbury Meadows
Subdivision No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing canal that runs through the middle of the site. The north property line has been
developed with curb, gutter, and sidewalk as part of Lakemoor Subdivision No. 6.
I. SITE DATA:
Total Acreage of Site — 12.3 -acres
Total Number of Lots — 39
Residential — 32
Commercial — 3
Industrial — 0
Common — 4
Total Number of Units - 32
Single-family — 32
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
The general site design features were approved with the original preliminary plat associated with
Lakemoor Subdivision (RZ-05-02). On August 23, 2016, modifications to convert three (3) of the
previously approved office, commercial, and multi -family residential areas to single-family residential
were approved (RZ-05-02 MOD4).
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Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on May 31, 2016, delineates a 10 -foot wide pathway
located within Lot 196, Block 7. The pathway provides connectivity between the existing public
pathway located within the subdivision and the existing greenbelt located adjacent to the south channel
of the Boise River. The applicant is proposing to construct the 10 -foot wide asphalt public pathway
prior to dedicating the park site to the city. The preliminary plat, date stamped by the City on May 31,
2016, shows a 35 -foot wide buffer area located between the residential lots and East Joplin Creek Way.
Open Space:
A total of 58.41 -acres (32.65%) of open space is proposed within the overall development. The open
space area is inclusive of a 16.83 -acre lot that will be dedicated to the city as a public park upon
completion of the fishing ponds, greenbelt pathway, trailhead, and parking area.
Commercial Area:
The preliminary plat, date stamped by the City on May 31, 2016, shows the commercial area located
within Area E (identified on Exhibit A2 of the executed development agreement [Instrument
#113103020]) reduced from 12.5 -acres to 7.6 -acres in size. As proposed, the commercial area located
within Area E will consist of 16 -commercial lots.
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 applicant is proposing 10 -foot front and rear setbacks. The applicant is proposing 3 -foot side
setbacks within Areas H and I as shown on the preliminary plat, date stamped by the City on May 31,
2016.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Pressurized Irrigation:
The development will be served by an extension of the existing pressurized irrigation system. The
applicant's engineer has provided correspondence, date stamped by the City on April 20, 2016, which
indicates that based on the irrigation demand required for the revised preliminary plat the existing
pressurized irrigation system will function as originally designed.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The applicant
is proposing to maintain Kids Creek in its natural state with the exception of two (2) street crossings
and one (1) parking lot drive aisle crossing.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
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during excavation or development of the site, state law requires immediate notification to the state.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are existing trees on the site that are proposed to be removed, retained, or relocated. The applicant
is proposing to remove all Black Locust and Cottonwood Trees which do not require mitigation. The
applicant is also proposing to remove five dead Spruce trees and twelve dead Austrian Pine Trees. All
other trees are proposed to be protected and retained or relocated. Below is a list of all existing trees
proposed to be removed, relocated, and retained with their respective conditions identified within the
Lakemoor 8 — Tree Mitigation document provided by Breckon Land Design, date stamped by the City
on December 5, 2018.
Tree Specie (Location) Caliper Condition Replacement Inches
per ECC
Black Locust (#1) Unknown Unknown/Mitigation not 0"
required per Eagle City Code
Black Locust (#2) Unknown Unknown/Mitigation not 0"
required per Eagle City Code
Black Locust (#3) Unknown Unknown/Mitigation not 0"
required per Eagle City Code
Black Locust and Unknown Unknown/Mitigation not 0"
Cottonwood (#4) required per Eagle City Code
Black Locust and Unknown Unknown/Mitigation not 0"
Cottonwood (#5) required per Eagle City Code
Black Locust (#6) 30" Dying/Dead/Mitigation not 0"
required per Eagle City Code
Black Locust (#7) 48" Dying/Dead / Mitigation not 0"
required per Eagle City Code
Austrian Pine and 6" to 12" Dead (12 Austrian Pine) 0" / Protect and
Relocate (26 Austrian
Spruce (#8) Dead (5 Spruce) Pine and 1 Spruce)
Good (26 Austrian Pine)
/ Protect and Relocate
Good (1 Spruce) / Protect
and Relocate
Evergreen and Street Unknown Good / Protect and Retain 0"
trees (#9)
Total caliper inches of trees required to be replaced on site 0"
Total caliper inches proposed for mitigation 0"
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Lakemoor S — free Mitigation
Tree Replacement Calculations: No mitigation is required.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along East Eagles Gate Drive. Street trees are proposed along
South Stone Way and East Fishing Creek Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
Parking Lot Landscaping will be reviewed with the design review submittal of the commercial
buildings.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site plan showing the location, height, and wattage of all street lights is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
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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. The site is located within the Suez Water Service
Area and within the boundaries of the Eagle Sewer District.
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 — Zone X (shaded) (also referred to as the 500 -year floodplain located within the proposed
park site).
Mature Trees — yes — in the area where the townhome lots are located.
Riparian Vegetation — yes — adjacent to Kid Creek running through the southern portion of the site
Steep Slopes — yes — adjacent to the southern boundary of the site.
Stream/Creek - yes
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
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:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
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B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.13 Owner shall construct a meandering six-foot (6') wide (minimum) concrete sidewalk within a
one hundred -foot (100') wide landscape area (not including right-of-way) along the portion of
the Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the
sidewalk required herein to the existing sidewalk located along Eagle Road approximately
three hundred feet (300') south of the southwest corner of the Property was addressed as a part
of the preliminary plat application for the Property.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
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(D): Prohibited Materials and Landscaping:
2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted
within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent
sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground
covers planted within the vision triangle shall not exceed three feet (3') height at maturity. The
boundaries of the vision triangle are defined by measuring from the intersection of the edges
of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2)
points with a straight line. The sight distance obstruction is also applicable to railroad -highway
grade crossings with the vision triangle defined by measuring forty feet (40') along the railroad
property line. In all cases, ITD and ACHD standards shall apply also.
• Eagle City Code Section 8 -2A -7(L): Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles, screen unsightly views, establish
a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree
and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or
two (2) evergreen trees may be substituted for one shade tree.
• Eagle City Code Section 8 -2A -7(M): Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Sidewalks shall be required when space
permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class
II) trees shall be required between the sidewalk and street to provide a canopy effect over
streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
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3. Within residential developments one shade class (class II) 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.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
D. DISCUSSION:
• The landscape plan, date stamped by the City on December 5, 2018, referenced a proposed "berm
and/or one -foot to three-foot tall rock wall" in three locations along South Stone Way. It is
unclear whether the rock wall, if constructed, will be located within the vision triangle at the two
drive aisles adjacent to South Stone Way. Pursuant to Eagle City Code Section 8 -2A -7(D), the
boundaries of the vision triangle are defined by measuring from the intersection of the edges of
two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points
with a straight line. The applicant should be required to provide a revised landscape plan
identifying the placement of the rock wall outside of the vision triangle. The revised landscape
plan should be reviewed and approved by staff prior to approval of the final plat application.
• The landscape plan, date stamped by the City on December 5, 2018, shows sod and street trees
along East Eagles Gate Drive between the right-of-way and the building development. Pursuant
to Eagle City Code Section 8 -2A -7(L), a 10 -foot wide landscape strip with one shade tree and 10
shrubs for every 35-thrity five feet of street frontage is required. The applicant should be required
to provide a revised landscape plan showing the addition of 10 shrubs per 35 -feet of frontage
within the commercial portion (545 -linear feet) on East Eagles Gate Drive. 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.
• The landscape plan, date stamped by the City on December 5, 2018, shows street trees located on
the back side of the five-foot wide sidewalk and not located within the eight -foot wide parkway
planter due to on-site drainage facilities per ACHD. In addition, the landscape plan shows a six-
foot wide parkway planter on both sides of East Fishing Creek Road with only sod proposed.
Pursuant to Eagle City Code Section 8 -2A -7(M), one shade tree is required to be located within
an eight -foot wide parkway planter and planted every 35 to 80 feet apart. The applicant should be
required to provide a revised landscape plan showing the parkway. planter adjacent to East
Fishing Creek Road to be eight -feet wide and planted with one shade tree every 35 to 80 feet. 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.
• The landscape plan, date stamped by the City on December 5, 2018, shows a five-foot parkway
planter in front of the townhome lots along Sedgebrook Lane where driveways will be located.
The applicant should be required to provide a revised landscape plan showing approximate
driveway locations and where landscaping will be located. The revised landscape plan should be
reviewed and approved by staff prior to approval of the final plat application.
• Sheet L1.0, date stamped by the City on December 5, 2018, does not identify the shrub species
that are shown on sheets L1.1 and L1.2. The applicant should be required to provide a revised
landscape plan (sheet L1.0) showing the proposed shrubs. The revised landscape plan should be
reviewed and approved by staff prior to approval of the final plat application.
• Staff defers comment regarding the common area landscaping to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 13, 2018,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 30:05)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping, due to it being harmonious with the
rest of the development with similar plantings being utilized.
• The Board is in favor of the proposed tree mitigation provided by the applicant.
• When the design review applications for the commercial pad sites are submitted, the Board would like
to see additional details regarding the plaza area on pad A.
BOARD DECISION:
The Board voted 3 to 0 (Brasher, Grubb, Koci, and Schafer absent) to recommend approval of DR -56-18
for a design review application for the common area landscaping within Lakemoor Subdivision No. 8 for
C and 0 Development, Inc., with the site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document, dated January 10, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 22, 2019, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -56-18 for a design review application for the common area
landscaping within Lakemoor Subdivision No. 8 for C and 0 Development, Inc., with the following
Design Review Board recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-05-02 and all subsequent modifications.
2. Provide a revised landscape plan identifying the placement of the rock wall outside of the vision
triangle. 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 showing the addition of 10 shrubs per 35 -feet of frontage within the
commercial portion (545 -linear feet) on East Eagles Gate Drive. The revised landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to approval of the
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final plat application.
4. Provide a revised landscape plan showing the parkway planter adjacent to East Fishing Creek Road to
be eight -feet wide and planted with one shade tree every 35 to 80 feet. 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.
5. Provide a revised landscape plan showing approximately driveway locations and where landscaping
will be located. The revised landscape plan shall be reviewed and approved by staff prior to approval
of the final plat application.
6. Provide a revised overall landscape plan showing all proposed landscaping, including shrubs. The
revised landscape plan shall be reviewed and approved by staff prior to approval of the final plat
application.
7. No signs are proposed with this application and none are approved.
8. The tree mitigation, date stamped by the City on December 5, 2018, is 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
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runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The. applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
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,
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K:1P1anning IkptUiagkk Applications1Dr1201811)R-56-IK Lakumoor Sub No. 8 LS crt docu
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
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
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K:Wlanning DeptIliagle Applicationc1Dr1201811]R-56-18 lakemoor Sub \o. 815 ccrdocx
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 -56-18) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the MU -DA (Mixed Use 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;
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
proposed landscaping 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 no structures are proposed within the common areas;
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 commercial and residential center in the
area since sidewalks are located throughout the subdivision which will connect Lakemoor
Subdivision No. 8 to the surrounding commercial and residential developments; and
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K:PIanning Ihptlliaglc Applicatioati1Dr120181DR-56-18 Lakemoor Sub No. 8 LS celdocx
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 221' day of January 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Counter, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City CIe4(
OC. EA G1
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Reconsideration Notice. Applicant has the right. pursuant to Section 67-6535. Idaho Code. to request a reconsideration within
fourteen (14) days of the final written decision.
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K'\I'lannmg I5pl\i aglc Appluaunns\Ur\20I 1\I IK 55-18 1 akemoor Sub Nu 8 1 5 xcl duce