Findings - DR - 2002 - DR-12-02 - Common Area Landscaping Within Once Upon A Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW APPLICATION FOR THE
COMMON AREA LANDSCAPING WITHIN
ONCE UPON A SUBDIVISION FOR
NORTHWEST DEVELOPMENT LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-12-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on March 14, 2002. The Eagle Design Review Board having heard and taken oral and \\Titll'n
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Northwest Development LLC, represented by Talena Dovel with The Land Group, is requesting
design review approval of the common area landscaping within Once Upon A Subdivision. The
site is located on the north side of State Street approximately 285-feet east of Cobblestone Lane
at 386 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 7, 2002.
C. 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 February 22, 2002. Requests for
agencies' reviews were transmitted on February 11,2002 in accordance with the requirements of
the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 25, 2001, the Eagle City Council approved a lot split application (LS-2-0 I) for
this site.
On January 22, 2002, the Eagle City Council approved a preliminary plat application (PP-8-0])
for Once Upon A Subdivision.
E. COMPANION APPLICATIONS: None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A-6(D)(5)
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Landscaping And Streetscape: All landscaping shall comply with the landscape guidelJl1es
contained in the Design Review Guidelines Booklet as set forth in Section 8-2A-12 of this
Article. Applicant shall provide modified streetscape with eight foot (8') wide sidewalks plus
a ten foot (10') wide park strip with street trees, pedestrian lights and lawn.
Section 8-2A- 7(C)(2)
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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 C 1 of this Section.
.
Section 8-2A- 7(M)
In all required applications 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 right-of-way frontage. In
all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
.
Section 3-6 STREET IMPROVEMENTS ON STATE STREET AND EAGLE ROAD:
The City has a substantial investment in the street improvements constructed along State
Street between Ballantyne and Edgewood Lanes and along Eagle Road between the Highway
55 bypass and Ranch Drive as part of the Eagle Downtown Revitalization Project. It is
essential to the public health, safety and welfare that any new construction along the
designated portions of those streets comply with the following standards. In addition, State
Street and Eagle Road are State highways and are subject to the jurisdiction both of the
Idaho Department of Transportation, hereafter defined as "Department", and the Ada County
Highway District, hereafter defined as "District". Applications for any building permit for
construction adjacent to the above-designated portions of State Street and Eagle Road shall
comply with the following requirements:
A. Street Cuts: No utility cuts into the pavement of State Street or Eagle Road will be
permitted without a permit from the Department, or District, whichever is applicable.
B. Curb, Gutter And Sidewalks: Construction of standard six inch (6") vertical curb and
gutter, and five foot (5') sidewalks meeting the Department, or District standards,
whichever is applicable, shall be constructed.
C. Plans: Plans for curb, gutter, sidewalk and pavement match design must be submitted
to and approved by the Department, or District, whichever is applicable, for
compliance with standards.
D. Street Lights And Trees: Applicants who propose development adjacent to Statc
Street between Cobblestone Lane to Stierman Way, and adpl'l'lll to La~k R()~ld
between Aikens and Idaho Streets shall be required to install street lights and trees
approved by the City. City approval shall include installation, location and spacing of
street lights and trees determined by the City. Light poles and bases installed by the
City during the 1993 Eagle Downtown Revitalization Project in accordance with
specifications and drawings for street light and trees are on file at City Hall. Trees
must be installed in tree wells. Power to the street lights and irrigation water for the
trees must be provided by the applicant. Tree types must be from an approved list
provided by the City.
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C. DISCUSSION:
.
The applicant is proposing a five foot (5') wide attached sidewalk with a five foot (5') wide
landscape strip planted with street trees every fifty feet (50') on the east side of Story Book Way
(the entry road to this development abutting the commercial portion of the site), Per Eagle City
Code and the preliminary plat approval for this development, the applicant is required to provide
streetscape improvements along Story Book Way which include an eight foot (8') wide sidewalk
plus a ten foot (10') wide park strip with street trees, pedestrian lights and lawn, The applicant
should be required to provide a revised landscape plan showing a 1 O-foot wide landscape strip
with street trees planted every thirty-five feet (35') on center with la\vn and hlstonc lights
installed every seventy-five feet (75') on center abuttIng the commercial parcl'¡ ,dong S!\)I\ H\)uk
Way, The revised landscape plan should be reviewed and approved by stall pnor to thc lIlY
Clerk signing the final plat.
The applicant is proposing a five foot (5') wide attached sidewalk with a two foot (2') wide
(approximately) landscape strip planted with street trees every fifty feet (50') on the west side of
Story Book Way. Per Eagle City Code and the preliminary plat approval for this development,
the applicant is required to provide streetscape improvements along Story Book Way which
include an eight foot (8') wide sidewalk plus a ten foot (10') wide park strip with street trees,
pedestrian lights and lawn,
There is approximately seven and one half feet (7 Y2') between the back of curb abutting Story
Book Way and the west property line of this development. The property to the west is within the
Central Business District. There is a residential dwelling located at the southeast comer of the
adjacent property that abuts approximately 105-feet of this proposed development (measured
from State Street). It is staffs opinion that the applicant should be required to provide a seven
and one halffoot (7 Y2) wide landscape strip planted with street trees every thirty-five feet (35')
on center and install historic lights every seventy-five feet (75') on center. The remaining two
and one half feet (2 Yz') of landscaping and eight foot (8') wide sidewalk would be required to be
constructed on the property abutting the west property line of this development when it
redevelops in the future, The five foot (5') wide attached sidewalk located on the west sick or
Story Book Way would terminate at a pomt 600-reet (approxlmatch) north 01 tlll'"ulItI1 PI') 1l'il..
line. The reason staff suggests that the applicant termInate the II\e loot (~- \\ I\k,"k\\~dk ~Itld
provide a seven and one half foot (7 Y2') wide landscape stnp with street trees located e\ery
thirty-five feet (35') with lawn is to provide a similar look at the entrance to this subdIvIsion.
Staff realizes that this look will not take place until the property to the west redevelops but this
will provide a buffer between the pedestrians and the vehicular traffic on Story Book Way. The
applicant should be required to provide a revised landscape plan showing a seven and one half
foot (7 Y2') wide landscape on the west side of Story Book Way planted with street trees every
thirty-five feet (35') with on center with lawn and with historic lights installed every seventy-
five feet (75') on center. The revised landscape plan should be reviewed and approved by staff
prior to the City Clerk signing the final plat.
Staff suggests that the historic street lights that are required on Story Book Way be staggered on
each side of the street at seventy-five feet (75') on center so that the spacing between each
historic street light on one side of the street would be one hundred and fifty feet (150'). Historic
lights spaced every seventy-five feet (75') on center would required twenty eight (28) lights
while spacing them every one hundred and fifty feet (150') reduces that amount to seven (7).
This suggestion is to help reduce the total amount of historic lights required on this street
frontage which is approximately 480-feet and the light pollution that would be caused with
twenty eight (28) historic lights. The applicant should be required to provide a lighting plan
showing the required historic lights staggered on each side of the street at seventy-five feet (75')
.
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on center so that the spacing between each historic light on one side of the street does not exceed
one hundred and fifty feet (150'). The lighting plan should be reviewed and approved by staff
prior to the City Clerk signing the final plat.
The applicant has not shown on the proposed landscape plan any improvements along State
Street. Per Eagle City Code and the preliminary plat approval for this development, the
applicant is required to provide streetscape improvements along State Street abutting the
commercial parcel. Per Eagle City Code, the applicant is required to provide a six inch (6")
vertical curb and gutter, a ten foot (10') wide landscape strip, street trees located every 35-feet
on center, historic light fixtures located every 75-feet on center, and an eight foot (8') wide
meandering sidewalk abutting State Street. The applicant should be required to provide a revised
landscape plan showing a six inch (6") vertical curb and gutter built to the Ada County Highway
District standards, a ten foot wide landscape strip planted with lawn and street trees located
every 35-feet on center, historic light fixtures located every 75-feet on center, an eight foot (8')
wide meandering sidewalk abutting State Street. The revised landscape plan should be reviewed
and approved by staff prior to the City Clerk signing the final plat.
The applicant should be to provide a license agreement from ACHD approving the landscaping
located within the public right-of-way abutting the State Street prior to the City Clerk signing the
final plat.
.
There are several existing trees located on the commercial parcel (which is not apart of this
application) and on the property to the west of this development. The applicant should be
required to provide a plan showing construction fencing around the existing trees (a minimum 0"
10-feet from the trunk of the tree or at the drip line of the tree (whichever is closer)) to prevcnt
any damage within the drip line of the trees should be submitted to the City. The construction
fencing should be installed prior to commencing any site work. Cups or dams should be built
within the drip line of each tree in order to retain water and the trees should be watered on a
regular basis. No activity whatsoever should take place within the drip line of the trees.
An asphalt drive has been proposed on Lot 21, Block 1, of this development to access the
pressurized irrigation pump station for the entire subdivision. The applicant has not indicated
that any structures (i. e. pump house) are to be constructed on this site. The applicant should be
required to provide detailed elevations of any structures (i. e. pump house) proposed on Lot 21,
Block 1, of this development. The detailed elevations should be reviewed and approved by staff
and one member of the Design Review Board prior to the City Clerk signing the final plat.
No utility easements have been shown within the common area landscape buffer. Typically
when the gas company installs a gas regulation station they install chainlink fence with slats
around the station. Per Eagle City Code, chain link with slats is prohibited. The developer
should be required to work with the gas, electrical and phone companies to provide screening of
any proposed gas regulation stations, electrical transformers and phone distribution boxes with
landscaping on the non-operational sides to provide screening of that equipment from view. The
applicant should be required to provide a revised landscape plan showing the plant material
planted around the equipment. The revised landscape plan should be revIewed and appn)\ed by
the Design Review Board prior to the City Clerk signing the tìnal plat.
.
.
.
Per the approval of the preliminary plat for Once Upon a Subdivision the applicant is required to
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 the front of each lot generally located on each side lot line. The trees shall be
located in a landscape strip between the sidewalk and the curb.
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All street trees shall be installed in the locations as shown on a landscape plan reviewed and
approved by the Design Review Board. The location and variety of each street tree shall be
specifically called out on the plan. Variety substitutions may be considered on a case-by-case
basis. Any substitution shall be reviewed and approved by staff and one member of the Design
Review Board.
All street trees, automatic irrigation systems and sod (adjacent to each respective dwelling) shall
be installed prior to the issuance of a Certificate of Occupancy. During inclement weather
through the months of November, December, January, February and March, a surety for 150% of
the cost for all street trees, sod and automatic irrigation systems within a 5-foot wide landscape
strip (cost plus installation) may be provided to the City prior to the issuance of a Certificate of
Occupancy.
.
The CC&R's shall include a clause describing the requirements for installation of street trees,
sod, and automatic irrigation systems within the 5-foot wide parkway strip. The CC&R's shall
reference the approved plans on file at the City of Eagle and describe the minimum numbers,
specific locations, and types of trees to be installed prior to City issuance of occupancy permits
for the homes. In addition, an operational, automatic irrigation system and sod are to be installed
prior to issuance of occupancy permits for the homes. The requirements for the homeowner
maintenance of trees, other landscaping, and the automatic irrigation system shall also be
clarified within the document.
Per the preliminary plat approval for Once Upon A Subdivision the applicant shall submit a
design review application showing proposed subdivision signage (if any) and a landscape plan
showing perimeter fencing (if proposed), street trees, common area landscaping, and benning,
fencing, and planting details within the required common lots and any approved easements for
review and approval by the Design Review Board prior to City approval of a final plat.
.
Per the preliminary plat approval for Once Upon A Subdivision useable park amenities such as,
picnic tables, gazebos, swing sets, basketball courts, ball fields and/or similar amenities shall be
provided within the open space areas. Landscape plans showing open space amenities shall be
reviewed and approved by the Design Review Board.
Per the preliminary plat approval for Once Upon A Subdivision the flood mitigation area (\ .01
21, Block I) shall be planted with native materials, grasses or other vegetation that WOLI Id
eliminate weeds from that area of the development. The lot shall be designed to allow recreatIon
to occur on the lot. Specific plantings and amenities shall be reviewed and approved by the
Design Review Board prior to City approval of a final plat. Provide a statement in the CC&R' s
that one homeowners association in perpetuity shall maintain the landscaping within the lot. If
Lot 21, Block 1, is developed in this manner, it may be included in the open space calculation to
satisfy the minimum requirement often-percent (10%) open space as referenced in Site Specific
Condition No.9 noted above.
.
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Per the preliminary plat approval for Once Upon A Subdivision all existing, healthy trees (as
detennined by a certified arborist) located on the site shall be preserved unless removal is
approved by the Design Review Board.
Per the preliminary plat approval for Once Upon A Subdivision the applicant shall construct a
six-foot (6') high solid fence (material as selected by the Design Review Board) along the
perimeter of the subdivision abutting currently occupied parcels. Fencing material shall be
reviewed and approved by the Design Review Board, prior to City approval of a final plat. The
applicant has indicated on the proposed landscape plan that a tan six foot (6') high fence with
lattice is proposed along the east property line of this development. No fence has been proposed
.
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on the west property line of this development. There are several residential pan;ç]s 10C:.ltçd
abutting the west property line of this development. The applicant should be requirçd to prO\llk
a revised landscape plan showing the six foot (6') high tan vinyl fence along the west property
line abutting the residential properties. The revised landscape plan should be reviewed and
approved by staff prior to the City Clerk signing the final plat.
Staff defers comment regarding the landscape design to the Design Review Board.
.
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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on March 14,2002, 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 (Christensen and Howard absent) to approve DR-12-02 for :.l Jçsign rl'\ll'\\
application for the common area landscaping within Once Upon A Subdivision with the follo\\lI1g
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 ofPP-8-0l (preliminary plat of Once Upon A Subdivision).
2. Provide a revised landscape plan showing a seven and one halffoot (7 Yz') wide landscape on the
west side of Story Book Way planted with street trees every thirty-five feet (35') on center with sod.
The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing
the final plat.
~ Provide Q revised landGoape plan sho'.ving a ten foot (10') '.vide landscape strip with street trees
planted eyery thirty five (35') on center with lawn abutting the commercial parcel along Story Book
Way. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
4. Provide a lighting plan showing the required historic lights staggered on each side of the street at
seventy-five feet (75') on center so that the spacing between each historic light on one side of the
street does not exceed one hundred and fifty feet (150 '). The lighting plan shaH be reviewed and
approved by staff prior to the City Clerk signing the final plat.
5. Provide a revised landscape plan showing a six inch (6") vertical curb and gutter built to the Ada
County Highway District standards, a ten foot wide landscape strip planted with lawn and street trees
located every 35-feet on center, historic light fixtures located every 75-feet on center, an eight foot
(8') wide meandering sidewalk abutting State Street. The revised landscape plan shall be reviewed
and approved by staff prior to the City Clerk signing the final plat.
6. Provide a license agreement from ACHD approving the landscaping located within the public right-
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of-way abutting the State Street prior to the City Clerk signing the final plat.
7. A plan showing construction fencing around the existing trees (a minimum of la-feet from the trunk
of the tree or at the drip line of the tree (whichever is closer» to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. Cups or dams shall be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place
within the drip line of the trees.
8. Provide detailed elevations of any structures (i. e. pump house) proposed on Lot 21, Block 1, of this
development. The detailed elevations shall be reviewed and approved by staff and one member of
the Design Review Board prior to the City Clerk signing the final plat.
9. The developer shall be required to work with the gas, electrical and phonè COlllpallll'~ llJ PI\)\llk
screening of any proposed gas regulation stations, electrical transformers and phone liIstnblllllJll
boxes with landscaping on the non operational sides to provide screening of that equipment from
view. The applicant shall be required to provide a revised landscape plan showing the plant material
planted around the equipment. The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to issuance of the first building permit. the City
Clerk signing the final plat.
10. Provide a revised landscape plan showing the six foot (6') high tan vinyl fence along the west
property line abutting the residential properties. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
11. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
12. All common area landscaping and amenities shall be completed and installed prior to 50% ofthe
residential lots being complete. During inclement weather. a maximum 90-day extension may be
approved.
13. Provide a revised landscape plan showing a five foot (5') wide landscape strip planted with street
trees at the front of each lot generally located on each side lot lines between the back of curb and the
five foot (5') wide sidewalk. The five foot (5') wide landscape strip shall be planted with sod rather
than seed as proposed by the developer. The revised Jandscape plan shall be reviewed and appro\ül
by staff and one member of the Design Review Board prior to the City Clerk sIgning the final plat.
14. Enter into an agreement with the property owner to the east to remove the chainlink fence that is
located on the Eagle Glen Townhomes property. The removal of said fence will eliminate a small
area between two fences. Ifboth the applicant and the property owner to the east do not reach an
agreement. the applicant shall notify City staff of such action prior to the City Clerk signing the final
plat.
15. The street trees as shown on the landscape plan date stamped by the City on February 7.2002. shall
be installed either through a nursery program or by the developer prior to certificate of occupancy for
each individual lot. During inclement weather a 60-day extension may be approved for the
installation of said street tree.
ST ANDARD 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
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Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval ofthe 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 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 buiJding permits or Certlflcatc of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the ('Ity
Engineer (if applicable) prior to issuance of any building permits or Certitìcate 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
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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 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.
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.
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18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Unifonn Building Code, EagJe City Code. and all applicable
County, State and Federal Codes and Regulations shall be complied wIth. All <.kslgn and
construction shall be in accordance with all applicable City of Eagle Codes un less Spt.:CI flea II y
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 he selTcnL'd
from view with the use of landscaping (top of the fixture shall be no hIgher than tht.: 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 February 7, 2002.
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 February 22, 2002. Requests for agencies'
reviews were transmitted on February 11, 2002 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-12-02) 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.
4. The Board recognizes the conditions of the preliminary plat set forth by the Eagle City ('ount.:iI
requiring the streetscape improvements abutting the commercial portion as a part of this residentIal
development on Story Book Way. However, the Board requests the City Council to delay such
improvements on the east side of Story Book Way to better tàcilitate construction access to this
commercial development in the future. The Board expects that requiring these improvements at tillS
time will only cause damage to the landscape strip and street trees that are required per Eagle City
Code.
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K:IPlanning DeptlEagle Application,IDrIZOOZIDR-JZ-OZland drfdoc
5. It is not the Board's intent to hold the future individual lot owner's of the residential property
responsible for installing the required street trees. Therefore, it is the responsibility of the developer
or a nursery program set up by the developer to install the street trees in front of each individual lot
prior to issuance of a certificate of occupancy for the home of said lot.
DATED this 11 th day of April 2002.
DESIGN REVIEW BOARD
OF THE CITY OF LE
A(C Diy, Id 0
ATTEST:
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Page 11 of 11
K:IPlanning DeptlEagle Application,IDrI2002IDR-12-021and drf doc