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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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