Findings - DR - 2003 - DR-74-02 - Common Area Landscaping Alderwood Village Subdivision 825 W State St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN ALDERWOOD VILLAGE
SUBDIVISION FOR JLJ ENTERPRISES INc.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR- 74-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on December 12, 2002, and again on February 13, 2003, upon request by the City Council. 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:
JLJ Enterprises Inc., represented by Phil Hull with The Land Group, is requesting design review
approval of the common area landscaping within Alderwood Village Subdivision. The site is
located south side of State Street approximately Y2-mile west of Eagle Road at 825 West State
Street
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 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 November 22, 2002. Requests for
agencies' reviews were transmitted on November 8, 2002 in accordance with the requirements of
the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
On December 12, 2002, the Design Review Board approved a design review application for the
common area landscaping within Alderwood Village Subdivision.
On January 14,2003, the Eagle City Council approved a conditional use application, preliminary
development plan application, and preliminary plat application for Alderwood Village
Subdivision.
STAFF ANALYSIS PROVIDED WITHIN THE ORIGINAL STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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The Comprehensive Plan Land Use Map designates this site as Residential Four.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A- 7(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
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(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
I x 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 C I of this Section.
.
Section 8-2A-7(C)(3)
Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
.
Section 8-2A-7(C)(4)
Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
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Section 8-2A-7(J)(4)(c)
A minimum of seventy five feet (75') 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: six (6)
shade trees, ten (10) evergreen trees, four (4) flowering/ornamental 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%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl
fence, decorative block wall or cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1')
vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with
the berm, a four foot (4') wide flat area at the top of the berm shall be provided for the
placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher
than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
The ten foot (10') minimum height requirement for the berming/fencing shall be permitted to
be decreased one foot (1 ') for every thirteen feet (13 ') of additional buffer area added to the
seventy five foot (75') wide buffer noted above.
.
Section 8-2A- 7(E)(7)
All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing
material.
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Section 8-2A- 7(J)(6)(a)
For design flexibility, half of the required shade trees may be substituted on a two-to-one
(2: I) basis with ornamental and evergreen trees.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The applicant shall provide a letter from the Eagle Fire District approving the design of a
turnaround at the southeast terminus of Alderwood Street.
Any overhead utilities serving the existing dwelling on Lot 2, Block I, shall be relocated
underground.
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 50-foot wide buffer
area (unless an alternate method of compliance is approved by the Board) along State Street
abutting this site for review and approval by the Design Review Board prior to City approval of a
final plat.
The applicant shall submit a design review application showing proposed landscaping to be
located adjacent to the rear of the houses and adjacent to the 20-foot wide paved access easement
(to provide variety between the houses) for review and approval by the Design Review Board
prior to City approval of a final plat.
The applicant shall submit a design review application with a landscape plan showing planting
details within the common lot area between Alderwood A venue and the existing residential
subdivision to the east, including the area adjacent to the curve between Alderwood Avenue and
Aikens Street. The planting details shall show how the residences to the east will be screened
from vehicle headlights traveling east on Aikens Street to Alderwood Avenue. The plans shall
be submitted for review and approval by the Design Review Board prior to City approval of a
final plat.
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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 the front of each lot generally located as shown on the
landscape plan date stamped by the City on September 12,2002. The trees shall be located in
the 5-foot wide landscape strip between the sidewalk and the curb. Prior to the City Clerk
signing the final plat for each phase, the applicant shall either install the required trees, sod, 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. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may
be issued if weather does not permit landscaping.
Construct curb, gutter and a minimum 5-foot wide meandering concrete sidewalk along State
Street abutting this site generally in the location depicted on the preliminary plat date stamped by
the City on October 24, 2002, and extending from the northeast corner of this development to the
northwest corner of the parcel located at 835 West State Street, prior to the City Clerk signing
the final plat.
.
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A five-foot wide concrete sidewalk will not be required abutting the eastern side of Alderwood
Street (for only the first 250-feet of roadway extending south of the State Street right-of-way)
UNLESS the Council determines that a 5-foot wide concrete sidewalk is required along the
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eastern side of the roadway.
The applicant shall install "No Parking" signs along one side of the internal roadways, prior to
the issuance of any building permits.
The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch
regarding approval of any landscape improvements or tiling of the ditch that runs westerly
through the property.
All healthy trees (as determined by a certified arborist) shall be preserved and integrated into the
open space design for the development. A revised preliminary development plan and revised
landscape plan showing how the trees will be integrated into the open space areas shall be
provided for Design Review Board approval prior to Council approval of a final development
plan.
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Useable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields
and/or similar amenities as determined by the City Council shall be provided within the open
space areas. Landscape plans showing open space amenities shall also be reviewed and
approved by the Design Review Board.
A maintenance building shall be provided of such size and in such location as is suitable for the
service needs that are necessary for the repair and maintenance of all common areas UNLESS it
is determined that an outside maintenance contractor hired to care for the common area will
satisfy this requirement. If the Council determines that an outside maintenance contractor is
more appropriate than an on-site maintenance building, the applicant should provide a copy of
the CC&Rs for review which define the guidelines for the contracting of an outside maintenance
firm. If a maintenance building is required, then the applicant should be required to obtain
design review approval and should construct the maintenance building prior to City Clerk
signing the final plat.
The applicant shall install a fence along both the eastern and western property lines, extending
the length from the north to the south of the development. The fencing height and materials shall
be submitted for review and approval by the Design Review Board prior to City approval of a
final plat.
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D. DISCUSSION:
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There are two (2) eighteen inch (18") caliper flowering trees, one forty eight inch (48") caliper
silver maple tree, one eighteen foot (18') tall blue spruce tree, one twenty four inch (24") caliper
oak tree and several black locust trees on this site. The applicant is proposing to retain the two
(2) eighteen inch (18") caliper flowering trees and the one forty eight inch (48") caliper silver
maple tree. The eighteen foot (18') tall blue spruce is proposed to be moved to the park area
near the tot lot. The twenty four inch (24") caliper oak tree and all the black locust trees located
in the future right-of-way of Alderwood Street are proposed to be removed. The applicant
should be required to provide a revised landscape plan showing the addition of twenty four
inches (24") of tree caliper replaced on-site. The revised landscape plan should be reviewed and
approved by staff and one member of the Design Review Board prior to the City Clerk sIgning
the final plat.
The landscape plan (sheet L-1) date stamped by the City on December 3,2002, shows a four foot
(4') high landscape berm at the southern property line of this site along State Highway 44 along
the south property line of this site. Per Eagle City Code, a minimum often foot (10') high,
maximum twelve foot (12') high, berm, panelized vinyl fence, decorative block wall or cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof is required to
.
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be provided within the buffer area. There is sufficient room within the park area for the
applicant to decrease the height ofthe berm by six feet (6'). However, the applicant has not
proposed enough plant material per one hundred (100) linear feet of frontage. Per Eagle City
Code, this site is required to have a minimum of twenty four (24) deciduous trees, sixteen (l6)
flowering/ornamental trees, forty (40) evergreen trees, and ninety six (96) shrubs along the
frontage of State Highway 44. The landscape plan (sheet L-1) date stamped by the City on
December 3, 2002, shows nineteen (19) deciduous trees, sixteen (16) flowering/ornamental trees,
thirty two (32) evergreen trees, and one hundred and three (103) shrubs within the park area.
The applicant should be required to provide a revised landscape plan showing the addition of
five (5) deciduous trees and eight (8) evergreen trees within the park area abutting State
Highway 44. TIle revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
The landscape plan (sheet L-l) date stamped by the City on December 3,2002, shows a six foot
(6') high cedar dog ear fence near the base ofthe berm along State Highway 44, on the east
property line and on the west property line of this site. Per Eagle City Code, chainlink, cedar,
and similar high maintenance and/or unsightly fencing is not permitted. The applicant should be
required to provide detailed cut sheets showing the fence to be constructed of a material other
than chainlink, cedar, or other similar high maintenance material. The material, style, type,
color, etc. should be reviewed and approved by the Design Review Board prior to the City Clerk
signing the final plat.
The applicant has indicated on the landscape plan (sheet L-I) date stamped by the City on
December 5, 2002, a typical landscape plan to be located adjacent to the rear of the houses and
adjacent to the twenty foot (20') wide paved access easement. The layout of the plants as shown
on the landscape plan (sheet L-I) date stamped by the City on December 3, 2002, is permitted to
vary from this typical plant design. If an individual lot owner wants to vary from the typical
landscape design a revised landscape plan should be submitted to the City of Eagle Planning and
Zoning Department for review and approval prior to installation of any plant material. All
required landscaping adjacent to the rear of the houses and adjacent to the twenty foot (20') wide
paved access easement should be installed prior to the City issuing a certificate of occupancy
permit for each home.
.
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Per the Planning and Zoning Commission's recommendation to the City Council, a maintenance
building should be provided of such size and in such location as is suitable for the service needs
that are necessary for the repair and maintenance of all common areas UNLESS it is determined
that an outside maintenance contractor hired to care for the common area will satisfy this
requirement. If the Council determines that an outside maintenance contractor is more
appropriate than an on-site maintenance building, the applicant should provide a copy of the
CC&Rs for review which define the guidelines for the contracting of an outside maintenance
firm. If a maintenance building is required, then the applicant should be required to obtain
design review approval and should construct the maintenance building prior to City Clerk
signing the final plat.
Staff defers comment regarding the landscaping to the Design Review Board.
.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF MEMORANDUM TO THE BOARD
DATED FEBRUARY 6, 2003:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Residential Four.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Section 8-2A-7(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
1 x cal. of tree removed
.
Section 8-2A- 7(0)(3)
Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified
in the application submitted under subsection 02 of this section. If the application is
approved, the amount to be contributed by the applicant will be based upon the total caliper
inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous
trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical
foot for coniferous trees shall be determined by resolution of the city council. The applicant
shall have the right to review and consider the value determination, and following said
review, to reapply for other alternative methods of compliance, without prejudice, in
accordance with subsection 02 of this section.
C. DISCUSSION:
.
On January 6, 2003, the applicant submitted an arborist report completed by Linda Jarsky
(certified arborist) which provides detailed descriptions for each of the trees located on this site.
There are fifteen (15) existing trees on this site located around the existing house and on the east
property line. The applicant is proposing to retain several of the existing trees located on the
north side ofthe existing house abutting State Street. The twenty five foot (25') high Colorado
Blue Spruce tree is proposed to be moved to the park area located at the southern portion of this
development. There are ten (10) trees along the east side of the existing house that the applicant
is proposing to remove, which total two hundred and thirty nine (239") inches of tree caliper.
The arborist report provides detailed descriptions for each of the existing trees on this site.
Many of the trees located along the east property line of this site are noted within the arborist
report to be in severe stress or decline. Per Eagle City Code, the applicant is required to provide
two hundred and thirty nine (239") inches replacement tree caliper on site or submit a financial
contribution to the Eagle City Tree Fund in lieu of retaining or replacing the trees on site. The
Design Review Board has determined that a replacement value per caliper inch of deciduous tree
removed and the value per three feet (3') of height of evergreen tree removed from a site to be
$150.00. If the applicant were required to provide a financial contribution to the Eagle City Tree
Fund for the two hundred and thirty nine (239") inches of tree caliper removed from this site the
amount would be $35,850.00.
Staff has determined that there are four options regarding the trees located on this site 1) retain
the trees on site, which would require the public access to this site to be redesigned, 2) provide
$35,850.00 to the Eagle City Tree Fund for trees removed from this site, 3) increase the caliper
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inches of trees proposed on this site, or 4) provide a combination of a monetary contribution to
the Eagle City Tree Fund and increase the caliper inches of tree proposed on this site. The
Design Review Board should deliberate as to which option the applicant will be required to
comply with.
The applicant has proposed seven (7) guest parking spaces on the south side of Alderwood Street
near the park site. The applicant should be required to provide a revised landscape plan showing
the addition of a historic light fixture in the vicinity of the guest parking spaces. The revised
landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final
plat.
The applicant is proposing a ten foot by ten foot (10' by 10') covered shelter to be located near
the tot lot in the park area. The applicant should be required to provide detailed elevation plans
showing the style, materials, and colors to be used in the construction of the covered patio. The
detailed elevations plans should be reviewed and approved by staff and one member of the
Design Review Board prior to the City Clerk signing the final plat.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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.
STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF MEMORANDUM TO THE
BOARD:
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
memorandum to the Board.
PUBLIC HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on December 12,
2002, at which time testimony was taken and the public hearing was closed. The Board made their
initial decision at that time. A second meeting on the application was held on February 13, 2003, at
which time the Board made their final decision.
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).
D. Oral testimony neither in opposition of in favor of this proposal was presented to the Design Review
Board by two individuals with concerns regarding the landscape buffer along the east property line.
BOARD DECISION:
On December 12,2002, the Design Review Board voted 3 to 0 (Barnes, Floegel, McCullough
and Stanger absent) to approve DR- 74-02 common area landscaping within Alderwood Village
Subdivision.
On February 13,2003, upon a second review as requested by the City Council, the Design
Review Board voted 5 to 0 (Christensen and McCullough absent) to approve DR- 74-02 common
area landscaping within Alderwood Village Subdivision 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions ofCU-IO-02/PPUD-3-02/PP-6-02 (conditional use permit,
preliminary development plan, preliminary plat of Alderwood Village Subdivision).
2. The landscape plan date stamped by the City on February 13.2003. showing the addition ofa
historic light fixture near the guest parking spaces is approved. Provide a revised landscape plan
sho\ving the addition of a historic light fixture iR the vicinity of the guest parking spaces. The
re'lÌsed landscape plan shall be reyitr.ved and approved by staff prior to the City Clerk signing the
final plat.
3. The detailed elevation plans date stamped by the City on February 13.2003. showing the style.
materials. and colors to be used in the construction of the covered patio are approved. Provide
detailed elevatioR plaRs showing the style, materials, æd colors to be used in the oonstruetioR ofth@
covered patio. The detailed elevation plans shall be reviewed and approved by staff and one member
of the Design Review Board prior to the Cit'/ Clerk signing the final plat.
4. If an individual lot owner wants to vary from the typical landscape design date stamped by the City
on February 27.2003. along the alley which includes one three inch (3") caliper tree per lot and
sufficient plantings to buffer the buildings. a revised landscape plan shall be submitted to the City of
Eagle Planning and Zoning Department for review and approval prior to installation of any plant
material. All required landscaping adjacent to the rear of the houses and adjacent to the twenty foot
(20') wide paved access easement shall be installed prior to the City issuing a certitìcate of
occupancy permit for each home.
5. The developer shall be responsible for the installation of all street trees shown on the corners of the
individual homeowner lots. The trees shall be installed prior to the homeowner receiving a
certificate of occupancy, unless inclement weather prohibits installation of said landscaping.
6. Provide detailed elevations of any structures proposed to house the irrigation pump. 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.
7. The applicant shall identify and make available through city records the location of the existing
constructed fence along the residential properties at the eastern boundary line prior to the City Clerk
signing the final plat.
8. The A landscape plan date stamped by the City on February 5. 2003. showing construction fencing
around the existing trees (a minimum of 10-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 ofthe trees is approved. 5ftal.l
be submitted to the City. The construction fencing shall be installed prior to commencing any site
work. A cup or dam 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.
9. 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 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 the Design Review Board prior to the City
Clerk signing the final plat.
10. Provide a license agreement from ACHD approving the landscaping located within the public right-
of-way of State Street abutting the northern boundary of this site prior to the City Clerk signing the
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final plat.
II. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the
City Clerk signing the final plat.
12. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
13. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
14. The proposed building elevations showing the architectural desi~ elements used to create a "Neo-
traditional" house style date stamped by the City on February 5. 2003. are approved.
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
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.
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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 (I)
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. 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.
II. 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 ofthe 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
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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 ofa 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.
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 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.
23. Any change by the applicant in the planned use ofthe 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.
24. 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).
25. 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.
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26. 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 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 November 22, 2002. Requests for agencies'
reviews were transmitted on November 8, 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- 74-02) with regard to the Eagle City Code Title 8, Chapter 2, Article A. DR Design
Review Overlay District, and based upon the information provided with the conditions required
herein, concludes that the proposed design review application is in accordance with the Eagle City
Code and the Eagle Comprehensive Plan.
4. The Design Review Board supports the removal of the two hundred and thirty nine inches (239") of
tree caliper from this site with the requirement that the developer install one hundred and thirty two
inches (132") of replacement tree caliper on this site. Based upon the declining health of many of
the trees on this site, a total of one hundred and seven inches (101") of tree caliper are not required to
be replaced on-site or within a monetary amount to the City Tree Fund. The one hundred and thirty
two inches (132") ofreplacement tree caliper includes the following:
a) Each lot shall have one (1) three inch (3") caliper tree installed on each lot prior to the
City issuing a Certificate of Occupancy permit for the residence (totals 90-inches of tree
caliper),
b) Increased the height of three (3) evergreen trees located on the east property line near the
entrance to this development from six to seven feet (6' to 7') in height to a minimum of
ten to twelve feet (10' to 12') in height (totals 15-inches of tree caliper),
c) The addition of one three inch (3") caliper deciduous tree on the east property line near
the entrance to this development (totals 3-inches of tree caliper), and
d) The additional eight (8) three inch (3") caliper trees already proposed on this site (totals
24-inches of tree caliper).
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K:IPlanning DeptlEagle ApplicationslDrl2002lDR- 74-02 land drfdoe
DATED this 27th day of February 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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haron K. Moore, Eagle City C erk
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