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Findings - DR - 2005 - DR-29-05 - Common Area Landscaping In Yorkshire Acres Subd/2471 E Floating Feather Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICA nON FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN YORKSHIRE ACRES SUBDIVISION FOR PUAL B. CLA TYON FAMILY TRUST) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-29-05 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: Paul B. Clayton Family Trust, represented by Gina Fegler with The Land Group, is requesting design review approval of the common area landscaping within Yorkshire Acres Subdivision. The site is located on the south side of East Floating Feather Road approximately 800-feet west of State Highway 55 at 2471 East Floating Feather 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 May 8, 2001, the Eagle City Council approved a preliminary plat application for Yorkshire Acres Subdivision (PP-I-0l). On August 14,2001, the Eagle City Council approved a design review application for the common area landscaping within Yorkshire Acres Subdivision (DR-29-01). On October 23, 2001, the Eagle City Council approved a final plat application for Yorkshire Acres Subdivision (FP-21-01). E. COMPANION APPLICATIONS: None Page 1 of 12 K:\Planning D<ptlEagle Apptications\Drl2005\DR-29-05 land urf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA nON Existing Residential Three (3- R-3 (Residential) Residence units per acre max.) Proposed No Change No Change Residential North of site Residential Three (3- R-2-P (Residential with Residential units per acre max.) Planned Unit Development) South of site Residential Three (3- RT (Residential - Ada County Vacant / Pasture units per acre max.) Designation) East of site Residential Four (4-units R-4 (Residential) Residential per acre max.) West of site Residential Four (4-units R-4 (Residential) Residential per acre max.) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is an existing residential dwelling on this site which will be removed. There are numerous existing trees on this site which the applicant is proposing to retain. I. SITE DESIGN INFORMATION: Total Acreage of Site - 4.64-acres Total Number of Lots - 15 Residential - 13 Commercial - 0 Industrial - 0 Common - 2 Total Number of Units - 13 Single-family - 13 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 12 K:\Plwn1Ìng DeptlEagle Apptications\Drl2005\DR-29-05 land drf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.8-units 3-units (maximum) Minimum Lot Size 1O,000-square feet 1O,000-square feet Minimum Lot Width 89-feet 75-feet Minimum Street Frontage 38-feet 35-feet Total Acreage of Common Area 0.56-acres* .46-acres Percent of Site as Common Area 12%* 10% *NOTE: These figures represent the exclusion of the portion of the parcel located within right-of- way abutting Floating Feather Road. J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 8-2A-7 (J)(4)(b) requires a minimum 50-foot wide landscape buffer area between minor arterials and new residential developments. Berming, fencing and landscaping details are required for Design Review Board review and approval prior to City approval of a final plat. Open Space: Eagle City Code, Section 9-3-8 (D) requires a minimum of 10% (ten-percent) of open space for a subdivision located in an R-3 zone. The applicant has proposed 12% (twelve- percent) of open space including parkway strips located between the curb and sidewalk (9% (nine-percent) excluding the parkway strip). Storm Drainage and Flood Control: The applicant as required by the Subdivision Ordinance shall submit street drainage plans. 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 may be required by the Eagle Fire District. On-site Septic System (yes or no) - no Preservation of Existing Natural Features: There are numerous existing trees located on 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. Page 3 of 12 K:\Planning DeptlEag1e Applications\Drl2005\DR-29-05 hllJd drf.doc 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. STREET DESIGN: Private or Public Streets: Public The applicant is proposing to construct an extension of the stub street E. Trevino Drive which is located to the east of this site in the Berkshire Estates Subdivision. The roadway will be constructed as a 29-foot wide street section within 50-feet of right-of-way. A circular roadway located at the southern end of the street will act as a turn-around for vehicles traveling west on E. Trevino Drive. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: The 530-foot long (approximately) roadway will tenninate in a cul-de-sac within a 50-foot radius right-of-way. The cul-de-sac length exceeds the City's maximum length of 500- feet. Curbs, gutters and sidewalks: The applicant is proposing 4-foot wide detached sidewalks separated from the curb by a 5- foot wide landscape strip on both sides of the street. Lighting: Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: A sidewalk is proposed which provides a pedestrian connection from the end of N. Berkshire to the existing sidewalk abutting Floating Feather Road. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Page 4 of 12 K:\PlalUùllg DeptlEagle Appticatiolls\Drl2005\DR-29-05 lwld drf.doc Unstable Soils - no Wildlife Habitat - no N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required O. 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 Division of Environmental Quality Eagle Sewer District Idaho Power Company United Water Company P. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on May 23, 2005 (incorporated herein by reference). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential. 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 Replacement 12 1/4 inches or more 2x caliper of tree removed 1.5x caliper of tree removed Ix caliper of tree removed 1 inch to 6 inches caliper 6 1/4 inches to 12 inches . 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 tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of this section. . Eagle City Code Section 8-2A-7(J)(4)(b) Any road designated as a minor arterial on the Ada County long range highway and street map: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided Page 5 of 12 K:\Plmuùng DeptlEagle Applications\Drl2005\DR-29-05 lwtd drf.doc with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (S) evergreen trees, three (3) 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 five foot (5') high, maximum eight foot (S') high, berm, decorative block wall, 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 decorative block wall, 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 shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. PRELMINARYIFINAL PLAT PROVISIONS, WHICH ARE OF SPECIAL CONSERN REGARDING THIS PROPOSAL: . 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 Floating Feather Road abutting this site for review and approval by the Design Review Board prior to City approval of a final plat. The alternative method of compliance for the buffer is recommended in order to conform and provide consistency with the subdivisions to the east and west. Useable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or similar amenities shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board. . . The drainage area (Lot 1, Block 1) shall be planted with native materials, grasses or other vegetation that would eliminate weeds from that area of the development. Subsurface drainage is encouraged that will allow recreation to occur on the lot. Specific plantings and amenities shall be reviewed and approved by the Design Review Board prior to City approval of a final plat. All existing, healthy trees (as determined by a certified arborist) located on the site shall be preserved unless removal is approved by the Design Review Board. . . The applicant shall install solid fencing along the southern and western boundaries of the subdivision. The fence along the western boundary shall extend from the southern boundary north to a point aligned with the northern tip of the proposed cul-de-sac. The remainder of the fence shall be constructed with an open pole design and travel north to the right-of way line of Floating Feather Road. Fencing plans shall be reviewed and approved by the Design Review Board. The Design Review Board shall review the impact of street lighting of the subdivision to determine if the applicant is to install light shielding or alternative style of fixture to restrict the volume of light descending upon the neighborhood to the west. . . Provide a statement within the CC&R' s addressing the requirement for the developer to install the required 3-inch minimum caliper shade-class trees along both sides of all streets, located in the landscape strip between the sidewalk and the curb and at the front of each lot generally located on each side lot line within this development. Each individual lot owner is responsible for the maintenance of said trees and landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. The revised CC&R' s shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. Page 6 of 12 K:\Plwming DeptlEagle Applications\Drl2005\DR-29-05 land urf.doc Revise the construction drawings to construct the concrete sidewalk abutting N. Southhampton Place to a minimum of 5-feet wide, per the requirements of the Ada County Highway District Commissioner's report dated, February 23,2001. D. DISCUSSION: . On August 14,2001, the Eagle City Council approved a design review application for the common area landscaping within Yorkshire Acres Subdivision (DR-29-01). The approval of a design review application is valid for one year from the Design Review Board approval date unless an extension of time application is applied for and approved. An extension of time application was not submitted for the above mentioned application, thus the application expired. . In the approval of Yorkshire Acres Subdivision (DR -29-01), the existing residential dwelling was going to be retained and continue to obtain access from Floating Feather Road. The applicant of this design review application is proposing to remove the existing house (which the face of the building is falling off anyway) and create a buildable lot within Yorkshire Acres Subdivision that would use North Southhampton Place to access this new dwelling unit. The applicant should be required to replace the two (2) unused curb cuts adjacent to Floating Feather Road with curb, gutter, and five foot (5') wide sidewalk to match the existing. . An alternative method of compliance applicant has been submitted for the required landscape buffer along Floating Feather Road. The applicant is requesting an alternative method of compliance because of space limitations. The property to the east of this site is completely developed with a three foot (3') high undulating berm while the property to the west (beyond the private driveway) has a three foot (3') high berm with a cedar fence and some trees and shrubs. The applicant is proposing a three foot (3') high berm with a four foot (4') high tan vinyl fence to be located on the south side (back side) of the berm. Per Eagle City Code, a minimum five foot (5') high, maximum eight foot (S') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. Vinyl fence is not permitted to be used to obtain the height of the landscape buffer. The applicant should be required to provide a revised landscape plan showing a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall to be located on top of the berm. Details showing the height, materials, colors, etc. of the fence are required to be submitted to the City. The revised landscape plan and detail of the proposed fence should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. . Staff defers comment regarding building design and colors to the Design Review Board. ST AFF 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-29-05 for a design Page 7 of 12 K:\Plamùug DeptlEagle Appticatious\Drl2005\DR-29-05 laud drf.doc review application for the common area landscaping within Yorkshire Acres Subdivision for Paul B. Clayton Family Trust, 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 ofPP-I-0l and FP-21-01 (Yorkshire Acres Subdivision). 2. Replace the two (2) unused curb cuts adjacent to Floating Feather Road with curb, gutter, and five foot (5') wide sidewalk to match the existing. 3. Provide a revised landscape plan showing additional berming, a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof to equal a minimum of five feet or a maximum of eight feet in height measured f at the centerline of the adjacent roadway to be located OR the top of the berm/fence. Details showing the height, materials, colors, etc. of the fence shall be submitted to the City. The revised landscape plan and detail of the proposed fence 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 smooth transition between the separated sidewalk proposed within Yorkshire Acres to the attached sidewalk located within Berkshire Estates. 5. Provide a revised landscape plan showing the sidewalk (attached or detached) within this development to be a minimum of five feet (5') wide. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 6. No pump house is proposed and none are approved. 7. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees prior to the commencement of any construction or grading of the site. 8. No signs are proposed and none are approved. 9. The alternative method of compliance showing the reduced width of the buffer area along Floating Feather Road is approved due to the retention of the existing trees, the removal of the existing house, and for continuity of this buffer area in relation to the buffer areas to the east and west of this development. 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 Page 8 of 12 K:\PlulU1Ìng DeptlEag1e Applications\Drl2005\DR-29-05 land drf.doc for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any 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 Page 9 of 12 K:\Plam1Ìng DeptlEag1e Applications\Drl2005\DR-29-05 laud drf.doc Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 Page 10 of 12 K:\Planning DeptlEagle Apptications\DrI2005\DR-29-05 land drf.doc 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 prope11y 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. 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-29-05) 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-3 (residential three) zoning district. DATED this 23rd day of June 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, aho S "".'" It....... "~E '" "6"" ..', ..' 1>.: ....". '.. .." b.t~.. B.. ~ i ~~J-."~ ~... 0 ~ =0' ~ <fr..""".\ 0 '"",.".".:0- .. -", 00. .... : III: . T ~: Q : , ~I""E <8'1 ~ ~ ..0."" 0 .: ~ .. .7 b. .." ,.... .. ~v.." '..."" S1' ~\...." ""IjQ"'lÌi'~ 12 K:\Plmuùng DeptlEagle Applications\Drl2005\DR-29-05 lwtd drf.doc