Findings - DR - 2004 - DR-77-03 - Common Area Landscaping Within Paddy Row Subdivision 150 S 2Nd St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN PADDY ROW
SUBDIVISION FOR ROTH CONSTRUCTION, INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-77-03
The above-entitled design review application came before the Eagle Design Review Board for their
action on January 8, 2004. 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:
Roth Construction Inc., represented by Phil Hull with The Land Group, is requesting design
review approval of the common area landscaping within Paddy Row Subdivision. The site is
located on the east side of South 2nd Street approximately 450-feet south of State Street at 150
South 2nd Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 4,2003.
C. NOTICE TO AGENCIES:
Requests for agencies' reviews were transmitted on December 16,2003, in accordance with the
requirements of the Eagle City Code.
D. lllSTORY OF RELEVANT PREVIOUS ACTIONS:
On October 28, 2003, the Eagle City Council approved a conditional use permit and preliminary
plat applications (CU-4-03/PP-2-03) for Paddy Row Subdivision.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business District) Residence
Proposed No Change No Change Residential Subdivision
North of site Central Business District R-12 (Residential) Apartments and North
side Drain Ditch (Eagle
Drain)
South of site Central Business District CBD (Central Business District) Residence and future
Plaza Street extension
East of site Central Business District CBD (Central Business District) Mobile home park
West of site Central Business District CBD (Central Business District) Eagle Plaza commercial
center
G. DESIGN REVIEW OVERLAY DISTRICT: The western portion of the site is located within the
TDA (Transitional Development Area) and the eastern portion is within the CEDA (Community
Entry Development Area).
H. SITE DATA:
Total Acreage of Site - 3.55-acres
Total Number of Lots - 30
Residential - 24
Private street - I
Common - 5
Total Number of Units - 24
Total Acreage of Any Out-Parcels - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 6.76-units per acre Not limited within the CBD
Minimum Lot Size 2,000-square feet 500-square feet
Minimum Lot Width 26-feet 25-feet
Minimum Street Frontage 26-feet a-feet for commercial zoning
districts
Total Acreage of Common Area .52-acres (22,754 square feet) No minimum required in the
CBD
Percent of Site as Common Area 14.7% No minimum required in the
CBD
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I. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 14.7% common area within the interior of the subdivision; the
minimum open space required is to be determined with the conditional use permit. A gazebo
with a brick-paver patio and associated landscaping, as well as landscaping around the
perimeter of the site, is to be constructed. A five-foot wide landscape buffer is to be
installed on the south side of Tranquil Street, adjacent to a forty-one-foot (41') wide strip of
land that would become a remnant parcel upon the extension of Plaza Drive.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how swales,
or drain piping, will be developed in the drainage easements. Also, the CC&R's are to
contain clauses to be reviewed and approved by the City Engineer and City Attorney,
requiring that lots be so graded that all runoff runs either over the curb, or to the drainage
easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements (when deemed necessary) to be not
less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed
Preservation of Existing Natural Features:
The parcel has a variety of existing trees, the majority of which are located along the
Northside Drain Ditch (Eagle Drain) bordering the north side of this site. Eagle City Code
Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses,
historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires immediate
notification to the state.
J. PUBLIC USES PROPOSED: None Proposed
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard
Area and Special Area in the Comprehensive Plan. The Plan specifies additional
development criteria and calls for special consideration relating to any proposed
development within the Boise River Floodplain.
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Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes - Boise River Floodplain
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Northside Drain Ditch
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - No
Wildlife Habitat - Unknown
Historical Sites - Unknown
M. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An EAP report was submitted for review and approval by the City Engineer with the
preliminary plat application for Paddy Row Subdivision.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
O. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated December 2003 (attached).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter I - Overview
1.1 City of Eagle Statement of Purpose
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
e. To encourage urban and urban-type development within the incorporated city.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
Chapter 3 - Population
3.3
Goal
To promote a high quality of life and livability in the community.
Chapter 5 - Economic Development
5.5
Implementation Strategies
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c. Encourage a diversity of uses in the Central Business District.
Chapter 6 - Land Use
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A variety
of business, public, quasi-public, cultural, residential and other related uses are
encouraged. The greatest possible concentration of retail sales and business is to occur
in this land use designation. Pedestrian friendly uses and developments are encouraged.
Land within this district requires a CBD zoning designation upon any rezone.
Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
f. Higher density residential development should be located closest to the Central
Business District (CBD) as shown on the Comprehensive Plan Land Use Map
Chapter 7 - Natural Resources and Hazard Areas
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive Plan
when deemed necessary.
Areas of flooding consists of two parts: (I) the floodway which is the most severe area
of flooding characterized by deep and fast moving water; and (2) the floodplain which is
less severe than the floodway and is characterized by shallower and slower moving
waters at the time of flooding.
6.7
11.1
Chapter II - Special Areas and Sites
11.2
11.4
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural
centers. Development of Special Areas or Sites should take place in a manner that
reflects harmony with their natural environment and recognized qualities which render
them distinctly unique.
Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological and
scenic significance. The area comprises the two channels of the Boise River and
intervening and immediately adjacent areas as generally depicted on the Comprehensive
Plan Land Use Map.
Implementation Strategies
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f. Create a vibrant CBD and encourage the preservation of downtown Eagle as a special
and unique place.
Chapter 12 - Community Design
Implementation Strategies
k. Encourage the preservation of natural resources such as creeks, drainages, steep
slopes, and ridge lines as visual amenities.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
12.4
.
Eagle City Code Section 8-2A- 7(C)(l)
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
I inch to 6 inches caliper
6 1/4 inches to 12 inches
Replacement
2x caliper of tree removed
.
12 1/4 inches or more
Eagle City Code Section 8-2A- 7(C)(2)
1.5x caliper of tree removed
Ix caliper of tree removed
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 CI of this section.
C. PRELIMINARY PLAT AND CONDITIONAL USE PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
.
Comply with all conditions ofCU-4-03/PP-2-03 (Paddy Row Subdivision).
The applicant shall submit a design review application showing proposed subdivision signage
and a landscape plan showing perimeter fencing (if proposed), street trees, and common area
landscaping within 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 ofthe houses and adjacent to the 20-foot wide paved alley (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 coordinate with Drainage District No.2 regarding landscape improvements
with the Eagle Drain ditch easement abutting the northern and eastern boundaries of this
property. Plans detailing the improvements within the ditch shall be submitted 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 streets cape plan showing the
improvements to 2nd Street to include an eight-foot (8') wide sidewalk with vertical curb, street
trees and historic street lights. Plaza area and landscaping details within Lot 1, Block I,
.
.
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(abutting 2nd Street) are to be included in the plan. The revised streetscape plan shall be
reviewed and approved by the Design Review Board prior to City approval of the final plat.
The developer shall provide 3-inch minimum caliper shade-class trees (a landscape plan shall be
submitted for review and approval by the Design Review Board). When located in a planting
strip, trees shall be placed at the front of each lot generally at each side property line, or as
approved by the Design Review Board. The trees shall be located in a 5-foot wide landscape
strip between a 4-foot wide concrete sidewalk and the back of curb abutting the south side of Rio
Bonito Street. Trees shall also be located in the 5-foot wide landscape area located south of the
curb abutting the south side of Tranquil Street (as shown on the concept plan date stamped by the
City on May I, 2003). Trees shall be planted on the north side of Tranquil Street in the area
located between the back of sidewalk and the front building elevation of the dwelling units, with
the location of the trees to be determined by the Design Review Board. 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. 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.
Provide detailed elevations of any structures proposed to house the irrigation pump. The detailed
elevations, colors and materials shall be reviewed and approved by the Design Review Board
prior to the City Clerk signing the final plat.
All healthy trees (as determined by the City Forester) that are to be preserved and integrated into
the open space (those areas not under the direct control of Drainage District No.2) for the
development shall be shown on a landscape plan and submitted for Design Review Board
approval prior to the submittal of a final plat.
The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of
any construction on the site. No activity whatsoever shall take place within the drip line of the
trees.
.
.
.
.
Useable amenities such as, picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities as determined by the City Council shall be provided within the
open space areas. Any amenity that may attract children to the drainage ditch will not be
considered. Landscape plans showing open space amenities shall be reviewed and approved by
the Design Review Board, prior to the City approving a final plat.
The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of a final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
A wrought-iron fence (designed to be removed for the purposes of ditch maintenance) shall be
installed along the northern and eastern boundary lines of the development, abutting the
Northside Drain Ditch. Design and fence materials shall be submitted for review and approval
by the Design Review Board prior to the City approving a final plat.
.
.
D. DISCUSSION:
.
This development is unique to the City in that it is a single-family residential subdivision located
in the Central Business District (that is, proposed to be built after the establishment of the district
rather than having been previously developed and then included within the district). The
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.
ordinance regarding improvements within the Central Business District, and associated Design
Review overlay districts, has been designed with commercial uses in mind rather than residential
uses, and as such, there are sections of the Eagle City Code which may be considered as not
relevant to this development. The Land Subdivisions ordinance (Title 9) appears to be written
with residential uses as the main focus, while the zoning ordinance (title 8) places the emphasis
on commercial uses and the appearance ofthose uses. For example, the Transitional
Development Area (TDA) design review overlay district requires that all buildings have a
"storefront" façade on the ground floor elevation, which may be considered more appropriate for
a commercial use rather than a single-family dwelling. Also, it is encouraged to provide public
art, seating, bike racks and other amenities that are typical of a public street within the front
setback of a building within the TDA. Again these uses may be considered more appropriate for
commercial uses, although the applicant proposes to incorporate a plaza, landscaping and seating
along 2nd Street for both passersby and the residents of the development.
The applicant is proposing to construct a development consisting of lots ranging in widths of 28-
feet to 48-feet to accommodate a neighborhood of houses reminiscent of the "row house" design.
This type of development typically consists of single-family dwellings located in close
proximity to each other, with the majority of the yard area located within a common open space.
The front of the houses are located near the street to not only provide a "downtown" appearance
(building faces abutting sidewalks are typical of older city centers), but to also accommodate a
rear yard garage accessed by a private alley.
There are many trees located along the northern and eastern property lines of this development
that the applicant is proposing to retain. There are two (2) trees located within the site that the
applicant is proposing to remove, one thirty inch (30") caliper tree and one eighteen inch (18")
caliper tree. Per Eagle City Code, the applicant is required to replace forty eight inches (48") of
tree caliper on site or make a financial contribution to the City Tree Fund in the amount of
$5,600.00 for the tree caliper inches that are being removed from this site. The applicant should
be required to provide a revised landscape plan showing the addition of forty eight inches (48")
of tree caliper replaced on site or provide a financial contribution to the City Tree Fund in the
amount of $5,600.00 for the tree caliper inches that are being removed. The revised landscape
plan should be reviewed and approved staff and one member of the Design Review Board or the
financial contribution should be received by the City prior to the City Clerk signing the final plat
for this development.
Stamped concrete crosswalks are proposed at the intersection of Rio Bonito Street and the
north/south alley and at the intersection of Tranquil Street and the north/south alley. In addition,
the applicant should be required to provide a stamped concrete crosswalk at the intersection of
2nd Street and Rio Bonito Street and at the intersection of Rio Bonito Street and the east/west
alley to provide safe, continuous pathways for pedestrians walking within this development. The
applicant should be required to provide a revised landscape plan showing a stamped concrete
crosswalk at the intersection of 2nd Street and Rio Bonito Street and at the intersection of Rio
Bonito Street and the east/west alley. The revised landscape plan should be reviewed and
approved by staff prior to the City Clerk signing the final plat for this development.
As indicated within the applicant's justification letter dated December 4,2003, Drainage District
No.2 has limited the type of landscaping, within the ditch easement area (along the northern and
eastern property lines of this site) to low growing plant material. Drainage District No.2 does
not permit evergreen or deciduous trees to be planted within any of their easements. Lot 2,
Block 4, of this subdivision indicates that four (4) parking spaces are to be constructed with grass
being installed on the rest of the lot. Realizing that Drainage District No.2 is specific as to the
type of plantings that are permitted within their easements, it is staffs opinion that additional
.
.
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shrub material should be planted within the common area near the parking area located at the
southeast comer of this development. The applicant should be required to provide a revised
landscape plan showing additional shrub material planted in the common area near the parking
area located at the southeast corner of this development. 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 for this development.
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 MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on January 8, 2004, at which
time the Board made their 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/representative).
BOARD DECISION:
The Board voted 4 to 0 (Bowen, Christensen, and Stanger absent) to approve DR- 77-03 for a
design review application for the common area landscaping within Paddy Row Subdivision for
Roth Construction Inc., 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 all applicable conditions of CU-4-03 and PP-2-03 (conditional use permit and
preliminary plat of Paddy Row Subdivision).
2. Pro'lide a reviseG landscap@ plan showing the addition offorty eight inches (18") of tree caliper
replaced on site, or provide a financial contribution to the City Tr@@ F\md in the amount of $5 ,éOO.OO
for the tree calip@r inches that are being remo'/@d from the site. Th@ revised landscap@ plan shall b@
reviewed afld approved staff and one member of the D@sign R-eview Board or the financial
contribution shall b@ r@\;1eiv@d by the City prior to the City Clerk signing the final plat for this
development.
3. A plan sho'Ning com:truction fencing arO1md the existing trees (a minimum of 10 feet from the trunk
of the tree or at the drip line ofth@ tree ('},'hichtw@r is closer» to prevent any damage within the drip
line of the trees shall b@ submitted to the City. Th@ construction f@ncing shall b@ installed prior to
commencing aflY sit-e work. Cups or dams shall be built within the drip lin@ of @ach tree ifl order to
retain water and th@ trees shall b@ watered on a regular basis. No activity 'Nhatsoever shall take plac@
'.vithin the drip lin@ of the trees.
4. Provide a revised landscape plan showing a stamped concrete crosswalk at the intersection of 2nd
Street and Rio Bonito Street and at the intersection of Rio Bonito Street and the east/west alley. The
revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the
final plat for this development.
5. Provide a revised landscape plan showing additional shrub material planted in the common area near
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the parking area located at the southeast corner of this development. The revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
City Clerk signing the final plat for this development.
6. The developer shall be required to work with the gas, electrical and phone companies to provide
screening of any proposed gas regulation stations, electrical boxes and phone boxes with landscaping
and paint the equipment with a green powder coated paint so as to camouflage the equipment
(similar to Island Woods, Two Rivers and Channel Center Subdivisions). The applicant shall be
required to provide a revised landscape plan showing the plant material planted around the
equipment and the color used to paint the equipment shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat for this development.
7. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements ofthe 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 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.
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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 (l)
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.
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.
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13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approyed 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.
IS. 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.
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 ofthe 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 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.
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
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landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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:
I. The application for this item was received by the City of Eagle on December 4,2003.
2. Requests for agencies' reviews were transmitted on December 16, 2003, 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- 77-03) 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.
DATED this 22nd day of January 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
-z#~Þw
ric R. McCulloug, aIrman t:!
ATTEST:
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