Findings - DR - 2001 - DR-78-01 - Common Area Landscaping Clubhouse Restroom Facilities At Riversend Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING, CLUBHOUSE, AND RESTROOM
FACILITIES WITIDN RIVERSEND SUBDIVISION
FOR HOWELL-KISER DEVELOPMENT GROUP
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR- 78-01
The above-entitled design review application came before the Eagle Design Review Board for their
action on December 13, 2001. 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:
Howell-Kiser Development, represented by David Koga with The Land Group, is
requesting design review approval of the common area landscaping, clubhouse, and
restroom facilities within RiversEnd Subdivision. The site is located between the North
and South Channels of the Boise River approximately l/2-mile east of Eagle Road on
East Island Woods Drive.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 8, 2001.
NOTICE OF PUBLIC HEARING:
Notice of this public hearing was mailed to abutting property owners of the subject
property in accordance with the requirements of Eagle City Code on November 21,
2001. Requests for agencies' reviews were transmitted on November 13, 2001 in
accordance with the requirements ofthe Eagle City Code.
c.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23, 2001, the Eagle City Council approved an annexation and rezone,
conditional use permit, planned unit development preliminary development plan and
preliminary plat application A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 for
RiversEnd Planned Unit Development.
E. COMPANION APPLICATIONS: None
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
D.
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
B.
.
Section 8-2A- 7(C)(1)
Existing Vegetation:
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c.
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the City. Where trees are approved by the City to be removed
from the project site (or from abutting right of way) replacement with an acceptable
species is required as follows:
Existing Tree
1 inch to 6 inches cal.
61/4 inches to 12 inches
121/4 inches or more
Replacement
2x cal. of tree removed
1.5x cal. of tree removed
1x cal. of tree removed
.
Section 8-2A- 7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection C1 of this Section.
.
Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
.
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) ofthe shade trees are substituted.
Section 8-2A-6(A)(5)(b)
The location, design, of transformers and pad-mount mechanical and electrical equipment
shall be screened;
.
Section 8-2A-6(A)(6)(g)(3)
Roof-top heating and air conditioning equipment, large vent stacks and similar features, if
essential, will be painted so as to be nonreflective and will be screened from view.
DISCUSSION:
.
The applicant has indicated on Sheet L-1 "Tree Report Section 1" that the 21-inch poplar
tree noted as tree # 14 is to be removed. Per Eagle City Code the applicant is required to
replace 21-inches of tree caliper on site. The applicant should be required to provide a
revised landscape plan showing the addition of 21-inches of tree caliper on site. The revised
landscape plan should be reviewed and approved by staff prior to the City Clerk signing the
final plat.
The landscape plan indicates that there are three existing trees (located on Lots 7, 8, and 9,
Block 3 and Lot 5, Block 4) that are to be relocated, however the landscape plan does not
show where these trees are proposed to be relocated on site. The applicant should be
required to provide a revised landscape plan indicating where the three trees located on Lots
7, 8, and 9, Block 3 and Lot 5, Block 4 are to be relocated on site. The revised landscape
plan should be reviewed and approved by staff prior to the City Clerk signing the final plat.
The landscape plan shows street lights to be located throughout the entire subdivision. The
applicant should be required to provide details of the proposed street light fixture showing
.
.
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height, style, wattage and type ofluminar to be used for the light fixture. The details of the
light fixture should be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
A street light plan showing the locations of all light fixtures should be required to be
submitted for review and approval by the Zoning Administrator prior to the City Clerk
signing the final plat for each phase.
.
Per the approval of the preliminary plat of RiversEnd Subdivision, the applicant was
required to construct 6-foot wide asphalt pathways throughout the entire development. The
landscape plan, Sheet L-1, date stamped by the City on November 8, 2001, shows all
pathways as approved on the preliminary plat.
The 6-foot wide asphalt pathways and pedestrian bridges as shown on the landscape plan
Sheet L-1 date stamped by the City on November 8, 2001, should be constructed prior to
issuance of any building permits for the respective phase of the subdivision.
There are two gazebos and many benches proposed within Rivers End Subdivision. The
gazebos and benches should be constructed/installed prior to issuance of any building
permits for the respective phase of the subdivision.
.
.
The landscape plan shows street trees along Island Woods Drive between the curb and the
meandering sidewalk. No trees have been proposed between the sidewalk and the ponds
located on the north and south sides ofIsland Woods Drive. The applicant should be
required to provide a revised landscape plan showing additional trees located around the
ponds between the meandering sidewalk and the ponds. The Design Review Board should
determine the number, species, and spacing of trees to be located within these areas. The
revised landscape plan should be reviewed and approved by the Design Review Board prior
to the City Clerk signing the final plat.
The front elevation of the clubhouse on architectural drawing sheet A-1 shows a location for
a logo (sign). No signs have been proposed with this application. A separate design review
application should be required for the approval of any signs.
.
.
No rooftop or ground mounted mechanical units have been shown on the architectural
drawing showing the Clubhouse (sheet A-I). Per Eagle City Code all pad mounted or roof
top mechanical units are to be screened from view. The applicant should be required to
provide revised plans showing where the mechanical units are to be located and that they are
screened ITom view. The revised plan should be reviewed and approved by staff prior to
issuance of a building permit for the club house.
Per Eagle City Code all large vent stacks and similar features are required to be painted so as
to be nonreflective and to blend with the exterior colors of the building. The applicant
should be required to paint all vents and similar features so as to be nonreflective and to
blend with the exterior colors of the building.
No trash enclosure has been proposed for the clubhouse site. Per Eagle City Code, trash
enclosures are required to be screened from view with a five foot wide by six foot high
landscape buffer or the trash is required to be located within an enclosed building or
structure. The applicant should be required to show where the trash collection area will be
located within the building or provide a revised site and landscape plan showing the location
of the trash enclosure with a five foot wide by six foot high landscape buffer around the trash
enclosure. The revised floor plan or site and landscape plan should be reviewed and
approved by staff prior to issuance of a building permit for the clubhouse.
.
.
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.
The following are site specific conditions of approval from the annexation, rezone,
conditional use, planned unit development preliminary development plan, and preliminary
plat approval of RiversEnd Planned Unit Development (A-I-OI/RZ-I-01lCU-3-01lPPUD-I-
0 1/PP-2-0 1) requiring design review approval:
3. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to
be reviewed and approved by the Design Review Board) along both sides of all streets
within this development. Trees shall be placed at each lot corner except that an
additional tree shall be required for Lot 33, Block 1, Lot 36, Block 1 and Lot 46, Block
I, Lot 4, Block 4, Lot 1, Block 5, and Lot 2, Block 5 with the distance between trees to
be no less than 35-feet. The trees shall be located in a landscape strip between the
sidewalk and the curb. (Where no sidewalk is provided along the private streets
accessing the lots abutting the South Channel of the Boise River, trees shall be within
10-feet of the pavement edge). Prior to the City Clerk signing the final plat for each
phase, the applicant shall either install the required trees, landscaping, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all
landscape and irrigation improvements within the 5-foot wide landscape strip.
4. Other than the sidewalks along the streets, meandering pathway/trails within the
subdivision shall be 6-foot wide minimum asphalt or concrete. For clarification: A) The
greenbelt pathway along the south side of the North Channel of the Boise River shall be
compacted gravel or equivalent; and B) The pathways within the nature preserve at the
north end of the development as well as the river access to the South Channel of the
Boise River shall be developed to provide for a 10-foot wide hard surface pathway such
as asphalt, concrete or compacted gravel as specified by Eagle Park and Pathway
Development Committee.
12. The street and pathway configuration shall remain substantially as shown on the
preliminary plat, date stamped by the City on August 7, 2001. A pathway shall not be
required on the north side of the South Channel ofthe Boise River abutting this site.
There shall be a note on the final that states:
"Any portion of this property abutting the High Water Mark of the Boise River shall
be subject to a fifteen (15) foot Sportsman's Easement (as delineated on the
preliminary plat date stamped by the City on August 7, 2001) for purposes of
Sportsman ingress and egress to the Boise River."
Provide a minimum 20-foot wide access easement (or common lot) from the
RiversEnd Subdivision to the South Channel of the Boise River. The 20-foot wide
area shall be kept clear of weeds and other obstructions. The access area is for
maintenance and residents within the subdivision.
13. All living trees that do not encroach upon the buildable area on any lot along the North
and South Channel of the Boise River shall be left in their natural state, including any
tree along the slough on the North side of Phase Four continuing to provide habitat for
the existing birds and animals. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the
Design review Board) shall be provided for Design Review Board approval prior to
Council approval of a final development plan.
18. These following amenities and the landscape plans showing the open space amenities
shall be reviewed and approved by the Design Review Board.
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The developer shall provide the following amenities in each respective Phase of the
subdivision as that particular Phase containing the amenity is developed:
A. A 5-acre nature preserve and nature pathways adjacent to the north channel of
the Boise River, as shown on the Development Plan in Lot 24, Block 3. None
of these pathways need to be paved. These pathways in this nature area shall
connect to the City of Eagle green belt pathway system on the south side of the
north channel of the Boise River as shown the City of Eagle Comprehensive
Plan Transportation / Pathway Network Map #1 of 2. Access to the pathway
strictly for the purpose of construction, maintenance, and emergency access
shall be allowed and provided by the developer.
B.
Completion of the City of Eagle green belt pathway where it exists on the
property and as shown on the City of Eagle Comprehensive Plan Transportation
/ Pathway Network Map #1 of 2. (The 25-foot wide easement for this City
greenbelt pathway has already been granted to the City of Eagle). The
developer shall provide a plan drawn to City specifications to construct a 10-
foot wide gravel pathway within the easement, prior to the issuance of any
building permits for Phase Four.
C. Complete a 12-foot wide natural or gravel pathway over Lot 25, Block 3 for
purposes of pedestrian and maintenance access from the public streets to Lot
24, Block 3 (the nature preserve and pathway area).
D.
A natural pathway from the cul-de-sac in Lot 5, Block 1, to the South Channel
of the Boise River. This portion of Lot 5, Block 1, from the paved cul-de-sac
may be kept in its natural state. (The remainder of the private road in Lot 5,
Block 1 shall be paved.) The Association shall be responsible to keep the area
free of noxious weeds.
E. Construct pathways and landscaping for the use of residents as follows: (All
paved pathways shall be asphalt or concrete and shall be at least six (6) feet
wide.)
E1. Paved pathway on Common Lot 18, Block 1, from the pond to the
public street (Rivers End Drive).
E2. Paved pathway between Lots 10 and 11, Block 2, and over common area
Lot 1, Block 2.
E3. A pedestrian bridge over common area Lot 1, Block 2 (at Lots 10 and
11, Block 2).
E4. A paved pathway at the entrance to the subdivision's far west side
(adjacent to Island Woods) from Island Woods Drive through Lot 1, Block 3,
and between Lots 4 and 5, Block 3.
E5. A bridge over the pond in Lot 1, Block 4 near Lots 9 and 10, Block 4.
E6. A paved pathway between lots 9 and 10, Block 5.
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E7. A paved pathway between lots 5 and 6, Block 5.
E8. A paved pathway through Common Lot 2, Block 5.
E9. A paved pathway between Lots 3 and 4, Block 6.
£10. A paved pathway between Lots 22 and 23, Block 6.
ElL A paved pathway and pedestrian bridge over common Lot 9, Block 6.
F.
Two east/west meandering sidewalks and pathways on both sides of Island
Woods Drive in the subdivision allowing pedestrians to walk from the eastern
side of the subdivision to the western side of the subdivision.
G. A small sitting area on the South Channel of the Boise River in Lot 5, Block 1
for the observation of the river and other scenic attractions.
H. A I5-foot Sportsman's access easement as shown on the plat for the use by
sportsman for ingress and egress to the Boise River.
I.
A landscaped entrance area to Lot 18, Block 1, and a Gazebo of at least 100
square feet of floor area to be accessible to residents for meeting, fishing or
related activities. No barbeque facilities will be provided and the site will close
at dusk.
1.
A small seating and contemplation area next to the pond adjacent to Lot 33,
Block 1.
K.
Acres of ponds for the attraction of wild birds, ducks and geese and for the
fishing pleasures of the residents of the subdivision.
L.
A Clubhouse with recreational and meeting areas adjacent to Lot 1, Block 7 (at
the east end and the north side of this subdivision's Island Woods Drive). This
Common Area will have the following:
L 1. A swimming pool of approximately 600 square feet in area, maximum
depth 5.5 feet, (No Diving Board).
L2. Sunbathing deck area.
L3. An approximately 24- foot by 24- foot building room serving many purposes;
Board meetings and other related meetings of persons in the subdivision;
classes for residents; crafts for children; organized games for residents and
other activities.
L4. Changing rooms and restroom facilities for the Pool.
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L5. An approximately 30-foot by 30-foot fenced area for children to play in
while being supervised by their parents.
L6. Parking spaces for a minimum of 10 cars or as required by Eagle City Code,
whichever is greater.
L 7. A small outside seating area for enjoying views and similar activities.
M. A gazebo on the main pond located in Lot 1, Block 2. This gazebo shall have at
least 100 square-feet of floor area and will provide the residents opportunities
to gather, rest, fish and other similar activities. No barbeque facilities will be
provided and the site will close at dusk.
N. Water fountains/features will be located adjacent to Island Woods Drive at the
common boundary of this subdivision and Island Woods subdivision.
o.
Pressurized Urban Irrigation System (PUIS) to be owned and operated by the
Homeowner's Association.
P.
Small seating area adjacent to the pond in Common Area Lot 1, Block 2, and
Lot 2, Block 5, shall be provided.
Q. Flowers and landscaping will be located adjacent to Island Woods Drive at the
common boundary of this subdivision and Island Woods subdivision.
20. Subdivision signage, common area, recreation center, street trees, existing trees,
pathways, buffer areas, perimeter fencing, and etc. shall be reviewed and approved by
the Design Review Board prior to approval of final development plan.
21. The applicant shall submit a design review application showing proposed subdivision
signage and a landscape plan showing perimeter fencing (if proposed), street trees,
common area landscaping, and berming, fencing, and planting details within the required
35-foot wide buffer area where required by Eagle City Code Section 8-2A-7 (J) (4) along
either side of East Island Woods Drive traveling through this site or submit a request for
an alternate method of compliance as provided for within Eagle City Code Section 8-2A-
7 (0) for review and approval by the Design Review Board prior to City approval of a
final plat.
31. All ponds and waterways shall be planted with natural grasses and plants, similar to the
design in the Island Woods Subdivision. Concrete edging around the ponds and
waterways is prohibited.
32. The land between the South Channel and adjacent to Lots 38, 39,40, and 42, Block 1,
(shown as Lot 41, Block 1 on the preliminary plat date stamped by the City on March 22,
2001) shall not be included as part ofthe adjacent lots but shall remain in its natural
state.
Lot 41, Block 1, is an approximately 6-acre parcel located within the floodway
accessible only from the Lots 38, 39,40, and 42, Block 1. Lot 41, Block 1, is a non-
build lot and no buildings or other structures shall be built upon the lot. The storage of
any trash, equipment, or vehicles on the lot is prohibited.
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Lot 41, Block 1, shall be owned and maintained by the Board of Directors of the four
abutting lot owners of Lots 38, 39, 40, and 42, Block 1, acting as a subset of the
RiversEnd homeowner's association with conditions to be defined in a subsection of the
master RiversEnd CC&R's. Only the four adjacent contiguous lot owners shall pay all
the costs of maintaining and or managing Lot 41, Block I. This association shall not be
dissolved with out the written approval of the City of Eagle.
Staff defers comment regarding the design and colors of the clubhouse, street lighting and
landscape design to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITIDN 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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on December 13,
200 I, at which time testimony was taken and the public hearing was closed. The Board made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant).
BOARD DECISION:
The Board voted 3 to 0 (Barnes and McCullough absent) to approve DR- 78-01 for a design
review application of the common area landscaping, clubhouse, and restroom facilities within
RiversEnd Subdivision with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike-thru to be deleted by
the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 (Rivers
End Subdivision).
2. The revised landscape plan date stamped by the City on December 13. 2001. shows an additional 65
specimens of deciduous and evergreen trees located along Island Woods Drive between Rivers End
Avenue and Siena Way. Provide a revised landscape plan specifying the size and variety of
deciduous and evergreen trees prQPosed on the revised landscape plan date stamped by the City on
December 13.2001. Pro'1ide a revised landscape plaH sho,....ing the addition of21 inches of tree
caliper on site. The revised landscape plan shall be reviewed and approved by staff and one member
of the Desi~ Review Board prior to the City Clerk signing the final plat.
3. Provide a revised landscape plan indicating where the three trees located on Lots 7,8, and 9, Block 3
and Lot 5, Block 4, are to be relocated on site. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
4. The light fixture details date stamped by the City on December 13. 2001. are approved by the Design
Review Board. The light fixture shows a design with 150-watt high pressure sodium luminaire
mounted on a 13-foot high light standard which matches the fixtures within Island Woods
Subdivision directly to the west of this development. Provide details of the proposed street light
fixture shØ\ving height, style, '.yattage and type ofluminar to be used for the light fixtlH"e. The details
of the light fixture shall be re'lÍewed aHd appro'¡ed by the Design Revievl Board prior to the City
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Clerk signing the final plat.
5. A street light plan showing the locations of all light fixtures shall be required to be submitted for
review and approval by the Zoning Administrator prior to the City Clerk signing the final plat of
each phase.
6. The landscape plan, Sheet L-1, received by the City on November 8, 2001, shows all pathways as
approved on the preliminary plat. The 6-foot wide asphalt pathways and pedestrian bridges as shown
on the landscape plan Sheet L-1 shall be constructed prior to issuance of any building permits for the
respective phase of the subdivision.
7. The gazebos and benches shall be constructed/installed prior to issuance of any building permits for
the respective phase of the subdivision.
8. Pro'/ide a revised laÐdscape plan showing additioflal trees located around the ponds bet'Neen the
meandering side'.yalk and the ponds. The Design RevieYl Board shall detennine the number, speeies,
and spaeing of trees to be located \vithin these areas. The re'lised landseape plan shall be reviewed
and approved by the Design Revie\',' Beard prior to the City Clerk signing the final plat.
9. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
10. Provide revised plans showing where the mechanical units are to be located and that they are
screened from view. The revised plan shall be reviewed and approved by staff prior to issuance of a
building permit for the clubhouse.
11. The applicant's testimony indicated that all trash activity will be stored within the buildin~ and will
not require a trash enclosure. The applicant shall further identify where said trash collection area
will be located within the buildin~. The revised floor plan shall be reviewed and approved by staff
prior to issuance of a buildin~ permit. Should the Zonin~ Administrator determine that a trash
enclosure is required, the applicant shall provide a revised site and landscape plan showin~ the
location of the trash enclosure with a five foot wide by six foot high landscape buffer around the
trash enclosure. The revised site and landscape plan shall be reviewed and approved by staff prior to
issuance of a buildin~ permit. Show '."here the trash colleetion area will be loeated within the
building or proyide a reyised site and landseape plan sho'.ving the loeation of the trash enclosUi"e with
a fi'le foot wide by six foot high landseape büffer around the trash enelosUi"e. The re'lÍsed floor plan
or site and landseape plan shall be revie'.ved and approved by staff prior to issuanee of a büilding
permit f.or the elubhouse.
12. Paint all vents and similar features feathers on the clubhouse so as to be nonreflective and to blend
with the exterior colors of the building.
13. Provide a revised landscape plan showin~ the landscapin~ on Island Woods Drive transitionin i from
the dense plantin~s (as shown on sheet L-2 section A-A) abuttin~ Lot 2. Block 3. Lot 2. and 24.
Block 4, Lot 2. Block 2. Lot 2 and 49. Block 1. to less dense plantings for a distance of 50-feet from
the residential lots noted herein. The revised landscape plan shall be reviewed and approved by staff
and one member of the Desi~ Review Board prior to the City Clerk si~in~ the final plat.
14. Install the street trees in the general location as shown on the approved landscape plan date stamped
by the City on November 8. 2001. The quantity and variety of trees for each lot shall be as shown on
the approved landscape plan.
15. The center islands within the cul-de-sacs shall be crowned to provide positive draina~e within that
landscape area to avoid the ponding of water.
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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 any building permits or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
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 m~de 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.
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9. 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 Certificate of Occupancy.
10. 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.
11. 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.
12. 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 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. The applicant shall obtain written approval of the development relative to the effects ofthe 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.
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17. 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.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission
for review and approval.
21. 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.
22. 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.
23. 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 the Design Review Board approval date).
24. 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.
25. 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 application for this item was received by the City of Eagle on November 8, 2001.
2. Notice of this public hearing was mailed to abutting property owners of the subject property in
accordance with the requirements of Eagle City Code on November 21, 2001. Requests for
agencies' reviews were transmitted on November 13, 2001 in accordance with the requirements of
the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR- 78-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board
Action, 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.
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DATED this 10th day of January 2002.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
J~ r~ k~C9OK-
Sharðn K. Moore, Eagle ity Clerk
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