Findings - DR - 2024 - DR-2022-80-MOD1 - Valnova Sub No. 1 - Modification to the Common Area Fencing Within Pump No. 1 Lot 19 (Valnova Subdivsion No.1) BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MODIFICATION TO )
THE COMMON AREA FENCING WITHIN )
PUMP NO. 1,LOT 19(VALNOVA SUBDIVISION )
NO. 1)FOR GWC CAPITAL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2022-80-MOD1
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 25, 2024. 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, represented by Eric Langvardt with Langvardt Design Group, is requesting design
review approval to modify the common area fencing within Valnova Pump No. 1, Lot 19. The 61.65-
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 Linder Road intersection).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 21,2024.Revised information(fence
detail)was received April 2,2024.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
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 MOD 1).
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.
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 19 (fka 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).
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On February 28, 2023, the City Council approved a design review application for the common area
landscaping within Valnova Subdivision No. 1 (fka Lot 17,Block 1, Spring Valley Subdivision No. 1)
(DR-80-22).
On August 22, 2023,the City Council approved a final plat for Valnova Subdivision No. 1, a 196-lot
(188-buildable, 8-common),residential subdivision(FP-03-23).
For additional property history see:A-14-06&RZ-19-06,FPDP-06-21,PU-01-21,DR-22-22,DR-23-
22, and DR-24-22.
E. COMPANION APPLICATIONS: N/A
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 PS(Public/Semi-Public) Vacant Land and Public
Land(Bureau of Land
Management)
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 being developed with infrastructure
(sewer/water/etc.)and roads.
J. SITE DATA:No Change.
Total Acreage of Site—61.65-acres
Total Number of Lots—201
Buildable— 188
Commercial—0
Industrial—0
Common—13(7-community open space, 1-regional open space, 5-private
alleys)
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Total Number of Units— Single-family— 188(61-SF3, 115-SFA, 12-SFSL)
Duplex—0
Multi-family-0
Total Acreage of Any Out-Parcels—0-acres
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units per Gross Acre SF3: 5.89 du/ac SF3: 10 du/ac max.
SFSL: 7.44 du/ac SFSL: 12 du/ac max.
SFA: 12.51 du/ac SFA: 18 du/ac max.
Total: 3.04 du/ac Total: 3.15 du/ac max.+
Southern PA Total: 0.96/du/ac
Total PUMP No. 1: 2.19/du/ac
max+
Total Spring Valley: 1.19 du/ac
max++
Minimum Lot Area SF3: 4,240 square feet SF3: 4,000 square feet
SFSL:4,461 square feet SFSL: 3,000 square feet
SFA: 2,037 square feet SFA:N/A
Total Acreage of Common Area 34.94 acres 2.77-acres*
Open Space
Percent of Site as Common Area 57.27% 4.55%(minimum)*
Open Space
+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 requirement that all subdivisions within the Spring Valley development
are required to have 600 square feet of open space per lot.
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:No Change.
Landscape Screening:
Lot 1,Block 1 requires a minimum 35-foot(35'W)wide landscape buffer area adjacent to Big Gulch
Parkway,which is identified as a Collector Street within the Master Streets and Circulation Plan,where
single-family residential uses are adjacent to Big Gulch Parkway. Where there are no adjacent single-
family uses adjacent the buffer width may be 20-feet(20'W)wide.
Lot 1,Block 5,does not require a minimum landscape buffer area adjacent to Big Gulch Parkway,since
this portion of Lot 17 is identified as a Neighborhood Center within the approved PUMP No. 1 which
classifies this portion of Big Gulch Parkway as an Urban Street. Urban Streets do not carry a
requirement for landscape buffers.
The northern portion Lot 49, Block 1 (north of Lots 54-56, Block 49) requires a minimum 35-foot
(35'W) wide landscape buffer area adjacent to Big Gulch Parkway,which is identified as a Collector
Street within the Master Streets and Circulation Plan. The northern portion of Lot 49, Block 1 (north
of Lots 57-67)does not require a minimum landscape buffer area adjacent to Big Gulch Parkway,since
this portion of Lot 17 is identified as a Neighborhood Center within the approved PUMP No. 1 which
classifies this portion of Big Gulch Parkway as an Urban Street. Urban Streets do not carry a
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requirement for landscape buffers.
Open Space:
The preliminary plat,received by the City on November 11,2022,shows eight(8)open space common
lots (34.94-acres) consisting of seven (7) Community Open Space lots (5.25-acres) and one (1)
Regional Open Space lot (29.72-acres). The total open space accounts for 57.27% of the total area
associated with the preliminary plat.
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:
Eagle City Code section 11A-13C-4 requires utility easements to be not less than 10-feet-wide.
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.
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:No Change.
Mailbox Structure,9' 6"tall
Roof:Metal(Endura-Coat Charcoal Gray)
Base: Stone Veneer(Table Rock Sandstone)
Columns: Steel(Iron Ore)
N. LANDSCAPING DESIGN:No Change.
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 Big Gulch Parkway and along the interior streets of the
development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
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P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:No Change.
A landscape plan showing the location,height,color,style and wattage of streetlights and bollard lights
was received.
R. SIGNAGE:No Change.
No signs are proposed with this application. A separate design review application (DR-81-22) was
approved for the neighborhood entry sign proposed on the site.
S. PUBLIC SERVICES AVAILABLE:
No preliminary approval letter from Star Fire Protection has been received by the City to date.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—Yes—As identified within the Habitat of Special Concern
Plan(dated February 2022)
Evidence of Erosion—No
Fish Habitat—No
Floodplain—Yes—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—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—Yes—Habitat of Special Concern Plan(refer to approved PUMP No. 1 (PU-01-21),
dated February 2022)
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not
required.
X. AGENCY RESPONSES:N/A
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.
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:
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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:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan designates this site as:
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.
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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.
• Eagle City Code Section 11A-13C-8: FENCES:
Any fencing located adjacent to 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 Oha nt:'r 3 of this title. Chainlink,cedar,and similar high maintenance and/or unsightly fencing
shall not be permitted within the above designated areas.A chapter within the subdivision
CC&Rs shall be created for the regulation of fences to this effect.
D. DISCUSSION:
• The applicant is requesting design review approval to modify the common area fencing within
Valnova Subdivision No. 1. The fencing previously approved included a partial view wall and
wrought iron fencing.
Previously approved fencing
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CoPARTIAL VIEW WALL ® WROUGHT IRON=_NCE
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NT6 The applicant is proposing to modify the fencing to a partial view and open style black aluminum
fence.
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Proposed fencing
b� ct e_tin
4--4`
..,.. Cw LOT AE l rpuEpvE_s. °. PRECEDENT aUGE yiyxiw.<.
PARTIAL VIEW FENCE OPEN STYLE FENCE -i.r..o
Staff defers comment regarding the common area fencing to the Design Review Board.
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 25,2024, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed fence modification with the inclusion of site specific condition
no. 10 requiring columns at property corner.
BOARD DECISION:
The Board voted 6 to 0(Greer absent)to recommend approval of DR-2022-80-MOD1 for a design review
application for a modification to the common area fencing within PUMP No. 1,Lot 19(Valnova
Subdivision 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-12-22 and DR-80-22.
2. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. 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.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
8. No signs are proposed with this application and none are approved.
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9. Provide a revised fence detail showing the proposed color of the fence to be installed(i.e.black or dark
gray). The revised fence detail shall be reviewed and approved by staff and one member of the Design
Review Board prior to issuance of a zoning certificate for the fence.
10. Provide a revised fence plan showing the 10-inch columns proposed at each property line. The revised
fence plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate of the
fence.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,
gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. ‘A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
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
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any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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.
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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
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
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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-2022-80-MOD1) 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 area fencing 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 fencing is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole,when
viewed alone as well as in relationship to surrounding buildings and settings 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 a
landscape plan;
H. Is in the interest of public health, safety,and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 9th day of May 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Walter Lin en,Chairman
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Tracy E. o , agle City Clerk G•• ••v 1 P OR9•<�,
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