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Findings - DR - 2005 - DR-30-05 - Common Area Landscaping/Laguna Pointe Subd/2260 S Eagle Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR THE COMMON AREA) LANDSCAPING WIHTIN LAGUNA POINTE ) SUBDIVISION FOR COAST 2 COAST, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-30-05 The above-entitled design review application came before the Eagle Design Review Board for their action on June 9, 2005. 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: Coast 2 Coast LLC, represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping within Laguna Pointe Subdivision. The site is located on the east side of South Eagle Road approximately %-miles north of Chinden Boulevard at 2260 South Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 4, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 10, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 13, 2004, the Eagle City Council approved an annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat applications for Laguna Pointe PUD (A-2- 03/RZ-2-03/CU -5-03/PPUD-I-03/PP-3-03). E. COMPANION APPLICATIONS: None Page 1 of 12 K:\PlalUling DeptlEag1e Applications\Drl2005\DR-30-05 land urfuoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Two (up to 2- A-R (Agricultural- Single-family dwelling, units per acre max.) & Residential) & RUT (Rural pasture & gravel extraction Floodway Urban Transition - Ada ponds County Designation) Proposed No Change R-E-DA-P (Residential- PUD Residential Estates PUD with Development Development Agreement) & R-2-DA-P (Residential PUD with Development Agreement North of site Residential Two (up to 2- R-2-P (Residential PUD) South Channel of Boise units per acre max.) & River & Island Woods Floodway Subdivision South of site Residential Two (up to 2- RUT (Rural Urban Transition Proposed Lakemoor units per acre max.) & - Ada County Designation) Residential/Commercial Public/Semi Public development with Public Park & Boise City Wastewater facility East of site Residential Two (up to 2- R-2-P (Residential PUD) & RiversEnd Subdivision & units per acre max.) RUT (Rural Urban Transition Agricultural land - Ada County Designation) West of site Residential Two (up to 2- A-R (Agricultural- Eagle Road (SH 55) & units per acre max.) & Residential) & LO-DA-P Cottonwood Creek PUD & Mixed Use (Limited Office PUD with Agricultural land Development Agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is an existing single family dwelling, pasture, and gravel extraction ponds as well as numerous trees located along the river and within the wetlands of this development. I. SITE DESIGN INFORMATION: Total Acreage of Site - 117.51 Total Number of Lots - 53 Residential - 43 Commercial - 0 Industrial - 0 Common - 10 Total Number of Units - 43 Single-family - 43 Duplex - 0 Multi-family - 0 Page 2 of 12 K\Plwn1Ìng DeptlEagle Apptications\Drl2005\DR-30-05 land drf.doc Total Acreage of Any Out-Parcels - 0 Additional Proposed Required Site Data Dwelling Units .49* 2-units per acre (maximum) in the R-2 zoning district Per Gross Acre (.37) I-unit per two acres (maximum) in the R-E zoning district Minimum Lot 34,400 sq. ft. 17,000 sq. ft. (minimum) in the R-2 zoning district Size l.S-acres (minimum) in the R-E zoning district Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square- footage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). Minimum Lot liS-feet 75-feet in the R-2 zoning district Width 1O0-feet in the R-E zoning district Minimum 121-feet 35-feet Street Frontage Total Acreage 37.7-acres 11.75-acres (minimum) of Common Except that, according to ECC Section 9-3-S (C) the City may Lots require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Site 32% 10% (minimum) as Common Except that, according to ECC Section 9-3-S (C) the City may Area require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Designates data based on the exclusion of the flood way and wetlands (30.5-acres). Data in parentheses denotes inclusion of the floodway for comparison only. J. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 32% of common area (10% required - see site data above). The applicant will construct a public pathway system consistent with that shown on the City's Transportation/Pathway Network Maps #1 and #2. The public pathway will be designed to generally abut the south side of the South Channel of the Boise River, extending from the western boundary of the site (Eagle Road) to the eastern boundary of the site. The pathway will be constructed within a twenty five foot (25') wide non- motorized, pedestrian access easement as a ten foot (10') wide path consisting of a compacted, crushed cinder material. The pathway will be constructed (graded and compacted; no cinder or other base fill material) as a natural terrain path (10-feet wide) through wetland areas. As indicated in the letter, date stamped by the City on June 5, 2003, the Idaho Department of Lands has obtained a twenty-five foot (25') wide easement for the greenbelt, which has also been delineated on the preliminary plat. Page 3 of 12 K:\Plam1Ìng DeptlEagle Applications\Drl2005\DR-30-05 laud drf.doc As required by Eagle City Code Section 8-2A-7(J)(4), the applicant proposes to construct the required landscape buffer along Eagle Road abutting the western boundary of the development. Storm Drainage and Flood Control: Street drainage plans for both public and private streets shall be submitted by the applicant as required by the Subdivision Ordinance. 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 to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) - Not allowed Preservation of Existing Natural Features: The parcel is situated along the south side of the South Channel of the Boise River with numerous existing trees located on the site, which are required to be evaluated by the City Forester. 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. In addition, the ponds being created as part of the subdivision (not considered "natural" features) will provide esthetical and recreational opportunities for the residents of the development. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. PUBLIC USES PROPOSED: In addition to the pathway along the southern side of the South Channel of the Boise River (as discussed under "Open Space, Greenbelt Areas and Landscape Screening" under "H" above), a parking area with ten (10) parking spaces will be provided for public river access. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Portions of this area are designated as a Hazard Area and Special Area in the Comprehensive Plan Evidence of Erosion - none specifically noted in the EAP Page 4 of 12 K:\Plwu1ing DeptlEagle Applications\Drl2005\DR-30-05 lwld drf.doc Fish-yes Floodplain - yes - Boise River Floodplain Floodway - yes (30.5-acres) Mature Trees - yes Riparian Vegetation - yes Steep Slopes - possibly within mined gravel pits as noted within the EAP Stream/Creek - yes - South Channel of the Boise River Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - none shown to exist as noted in the EAP Wildlife - yes N. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District Chevron Texaco Division of Environmental Quality Drainage District No.2 - Ringert Clark Eagle Fire Department Eagle Sewer District Idaho Power Company United Water Company W. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on May 23, 2005 (incorporated herein by reference). ST AFF 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: . 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 1 inch to 6 inches caliper 6 1/4 inches to 12 inches 12 1/4 inches or more Replacement 2x caliper of tree removed 1.5x caliper of tree removed Ix caliper of tree removed . Eagle City Code 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 Page 5 of 12 K:\Plwn1ing DeptlEagle Applications\Drl2005\DR-30-05 Iw\d drf.doc tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 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 on the side lot lines, or as approved by the Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, 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. . Within the twenty-five foot (25') wide easement along the South Channel of the Boise River, and extending along the entire length of the development, construct a minimum ten-foot (10') wide pathway consisting of a compacted, crushed cinder material. The pathway shall be constructed prior to the issuance of any building permits for homes within the subdivision. Construct a public river access parking lot to be located within Lot 1, Block 1, with a minimum of ten (10) paved parking spaces. Delineate an easement on the final plat permitting public access to the river access parking lot. Signs stating "Parking for Public River Access" for the ten (10) parking spaces shall be posted within said parking lot. Locations of the signs shall be reviewed by staff prior to the installation of the signs. . . All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as otherwise determined by the City Forester. All fallen trees along the South Channel of the Boise River and within the slough along the southern boundary of this site shall be left in their natural state to provide habitat for the existing birds and animals. Any fallen tree within the site's water features (i.e. pond areas) may be removed for safety reasons. If a fallen tree with a water feature (the northerly potion of the pond within Lot 5, for instance) falls within the jurisdiction of the Army Corp of Engineers then notification and approval from that agency is required prior to removing said tree. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final development plan and final plat. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the open space design for the development and/or into the design of individual, private lots. A revised preliminary plat 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 the submittal of a final development plan and 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. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from view from adjacent residences as well as passing pedestrians and motorists. Building materials proposed for the station enclosure and planting details for screening the structure shall be submitted for review and approval by the Design Review Board prior to the submittal of a final . Page 6 of 12 K:\Plmu1ing DeptlEagle Appticatiotts\DrI2005\DR-30-05 lWld drf.doc . development plan and final plat. All pond and waterway banks shall be planted with natural grasses and plants. Planting details shall be submitted for review and approval by the Design Review Board prior to the submittal of a final development plan and 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 development plan and final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. . . Useable open space amenities, subdivision signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of a final development plan and final plat. The applicant shall submit a design review application and landscape plan showing fencing (if proposed), trees, landscaping, and berming, and planting details within the required buffer area along Eagle Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final development plan and final plat. . Provide substantial landscaping screening along the entire southern property boundary. The landscaping in this area shall be shown on the site's master landscape plan and shall be reviewed and approved by the Design Review Board. The determination as to whether or not the landscaping design in this area meets the requirement for "substantial landscape screening" shall be at the discretion of the Design Review Board. D. DISCUSSION: . This development is located south of the South Channel of the Boise River, thus there are numerous trees located throughout this development. It is staff's understanding that any trees located along the river and within any wetland area are to be retained and protected. However, the landscape plan date stamped by the City on May 4, 2005, does not indicate any of the trees around the existing residential dwelling to be retained or incorporated into this development. The City Forester has completed an inventory of the fifteen (15) trees located around the existing dwelling. The applicant should be required to provide a revised landscape plan showing the trees around the existing residential dwelling noting which trees are to be retained or removed in order for the Board to determine a replacement value for any trees that are removed from this site. The landscape plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. . . Per the approval of the annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat applications for Laguna Pointe Subdivision, a public river access parking lot with a minimum often (10) paved parking spaces is required to be located within Lot 1, Block 1. The landscape plan date stamped by the City on May 4, 2005, does not indicate the public river access parking lot. The applicant should be required to provide a revised landscape plan showing a public river access parking lot with a minimum of ten (10) paved parking spaces to be located on Lot 1, Block 1. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. The landscape plan date stamped by the City on May 4, 2005, shows an attached sidewalk around the cul-de-sacs proposed within this development. The applicant should be required to provide a revised landscape plan showing a five foot (5') wide detached sidewalk separated by a five foot (5') wide landscape strip with street trees planted at the front of each lot on the side lot lines around all the cul-de-sacs. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. . . Per the approval of the annexation, rezone, conditional use permit, preliminary development plan, Page 7 of 12 K:\Plam1ing DeptlEagle Appticatiolls\Drl2005\DR-30-05 land drf.doc and preliminary plat applications for Laguna Pointe Subdivision, a substantial landscape screen along the entire southern property boundary is required. The landscape plan date stamped by the City on May 4, 2005, indicates that the existing wetland area located along the southern property boundary is to be retained while additional coniferous trees are to be planted among the existing vegetation. Staff defers to the Design Review Board whether or not the landscape design in this area meets the requirement for "substantial landscape screening". Staff defers comment regarding building design and colors 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 June 9, 2005, 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 (Barnes, Bowen, and Grubb absent) to approve DR-30-05 for a design review application for the common area landscaping within Laguna Pointe Subdivision for Coast 2 Coast, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of A-2-03/RZ-2-03/CU-5-03/PPUD-I-03/PP-3-03 (Laguna Point PUD). 2. 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. 3. Provide a revised landscape plan showing the trees around the existing residential dwelling noting which trees are to be retained or removed in order for the Board to determine a replacement value for any trees that are removed from this site. The 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. 4. Provide a revised landscape plan showing a temporary public river access parking lot with a minimum of ten (10) ~ parking spaces consisting of compacted gravel to be located on Lot 1, Block 1. 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. A plan showing the location of directional signage guiding the public to the river access shall be submitted for review. 5. Provide a revised landscape plan showing a five foot (5') wide detached sidewalk separated by a five foot (5') wide landscape strip with street trees planted at the front of each lot on the side lot lines around all the cul-de-sacs. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. Page 8 of 12 K:\Plwming DeptlEagle Appticatiotls\Drl2005\DR-30-05 lw,d drf.doc 6. Any existing trees that are damaged during the construction process shall be replaced with, new healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester. 7. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from view from adjacent residences as well as passing pedestrians and motorists. Building materials proposed for the station enclosure and planting details for screening the structure shall be submitted for review and approval by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 8. Provide a license agreement from ITD and/or ACHD allowing the installation of landscaping located within the public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the City Clerk signing the final plat. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. No signs are proposed with this application. A separate design review application is required to be submitted for approval of any signs for this site. 11. Provide a revised landscape plan showing: plantings, rock columns or other amenities to tie the gate into the surrounding landscape. 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. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The Page 9 of 12 K:\Plwming DeptlEagle Apptications\Drl2005\DR-30-05 lwld drf.doc 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 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. Page 10 of 12 K:\Plwming DeptlEagl< Applicatious\Drl2005\DR-30-05 Iwld urf.duc 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. IS. 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 of the propel1y 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 Page 11 of 12 K:\Plwn1ing DeptlEagle Applications\Drl2005\DR-30-05 lwld drf.dnc 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. 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 May 4, 2005. 2. Requests for agencies' reviews were transmitted on May 10, 2005, 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-30-05) 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. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the R-E-DA-P and R-2-DA-p (residential estates PUD and residential PUD with development agreement) zoning district. DATED this 23rd day of June 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, I aho .. Page 12 of 12 K:\Plwming DeptlEagle Apptications\Drl2005\DR-30-05 lwtd drf.doc