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Findings - DR - 2005 - DR-25-05 - Common Area Landscaping In Pony Subd No. 2/1497 W Beacon Light Road BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICA nON FOR) A DESIGN REVIEW FOR THE COMMON AREA) LANDSCAPING WITHIN PONT SUBDIVISION) NO.2 FOR TOM AND CONNIE JONES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-25-05 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: Tom and Connie Jones, represented by Pat Tealy with Tealey's Land Surveying, are requesting design review approval of the common area landscaping within Pony Subdivision No.2. The site is located on the south side of Beacon Light Road at 1497 West Beacon Light Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 7, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 11, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 14, 2004, the Eagle City Council approved a preliminary plat application for Pony Subdivision No.2 (PP-2-04). E. COMPANION APPLICATIONS: None Page 1 of 13 K:\Plam1Ìng DeptlEagle AppticationsIDrI2005IDR-25-05 land drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA nON DESIGNA TION Existing Residential Estates (up to RUT (Residential - Ada Pony Subdivision one unit per two acres County designation) maximum) Proposed No Change R-E (Residential) Residential Subdivision North of site Residential Rural (up to RUT & Rl (Residential - Ada Single-family one unit per five acres County designation) dwellings/pasture maximum) South of site Residential Estates (up to R-E (Residential) Academy Place one unit per two acres Subdivision maximum) East of site Residential Estates (up to RUT (Residential - Ada Pony Subdivision one unit per two acres County designation) maximum) West of site Residential Estates (up to RUT (Residential - Ada Single-family one unit per two acres County designation) dwellings/pasture maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: I. SITE DESIGN INFORMATION: Total Acreage of Site - 21.55 Total Number of Lots - 14 Residential - 9 Commercial - 0 Industrial - 0 Common - 5 Total Number of Units - Single-family - 9 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 13 K:\Planning DeptlEagle ApplicationsIDrl2005\DR-25-05 land drf.doc ADDITIONAL SITE DATA PROPOSED REQ UIRED Dwelling Units Per Gross Acre A2-units per acre I-unit per two-acres maximum Minimum Lot Size 1.81-acres (78,708 s. f.) 1.8-acres (78,408 s. f.) Minimum Lot Width 204-feet (approx.) 1O0-feet Minimum Street Frontage 70-feet 35-feet Total Acreage of Common Area 2A8-acres (55,118-s. f.) Not required in R-E zone Percent of Site as Common Area 11.5% Not required in R-E zone J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: As required by Eagle City Code Section 8-2A-7 (J) (4) (b), the applicant will construct a fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the northern boundary of the development. The applicant will install street trees and grass within a landscape easement and the swale areas abutting the internal roadways within the development. A pump house located within Lot 9, Block 1, for the pressurized irrigation system will be required to be screened from the view of neighboring properties and the roadways. Berming, fencing and landscaping details are required for Design Review Board review and approval prior to City approval of a final plat. Open Space: In addition to the buffer area along Beacon Light Road, the applicant is to provide a pond for irrigation water storage located within two common lots (Lots 4 and 9, Block 1), and to construct three landscape islands located within the roadway serving the site (North Big Sky Way). The total common area within the subdivision will consist of approximately 2A8-acres or 11.5% of the site. Eagle City Code does not require a minimum area of open space for the R-E zoning district. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs 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: A letter from the Eagle Fire Department recommends denial of the preliminary plat since central water is not available to the site to enable the installation and use of fire hydrants. In response to concerns raised by the Eagle Fire Department during the public hearing for Page 3 of 13 K:\Plam1Ìng DeptlEagle ApplicationslDrI2005\DR-25-05 land drf.doc this item, the City Council indicated that a central water system could be extended to this area, with potential financing through a local improvement district (LID). On-site Septic System (yes or no) - yes Preservation of Existing Natural Features: The parcel has existing trees located mainly around the existing single-family dwelling and accessory structures. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site 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 to construct North Big Sky Way extending southerly from Beacon Light Road, and terminating in a landscaped cul-de-sac within a 52-foot radius right-of-way. The roadway is to be built within a 78-foot wide right-of-way near Beacon Light Road (to accommodate the landscape medians) and tapers down to a 50-foot right-of-way near the cul-de-sac. The streets will be paved in sections ranging in width from 17-foot wide travel lanes (located on either side of the medians) to 30-feet wide, with abutting 1 Y2-foot wide concrete ribbons and grass-lined borrow ditches on either side. Applicant's Justification for Private Streets (if proposed): Not allowed Blocks Less Than 500': None Cul-de-sac Design: North Big Sky Way is a 1,1O0-foot (approximate) long cul-de-sac terminating in a radius of 52-feet of right-of-way for turning movements. Eagle City Code permits cul-de-sac lengths up to 1,500-feet in the R-E zoning district, if approved by the Eagle Fire Department. Curbs, Gutters and Sidewalks: Beacon Light Road abutting this parcel is currently not improved with any curb, gutter or sidewalk. 1 Y2-foot wide concrete strips and borrow ditches abutting the internal streets are to be constructed in-lieu of curbs and gutters to accommodate storm water runoff. Sidewalks are not proposed within the subdivision; 4-foot wide striped paths on both edges of the roadways are to be installed. A 5-foot wide meandering concrete sidewalk is to be constructed along Beacon Light Road abutting the northern portion of this site. Lighting: Lighting for the subdivision is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City approving the final plat. Page 4 of 13 K:\Plamùng DeptlEagle AppticationsIDrl2005IDR-25-05 land drf.doc Street Names: Street name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Striped bike and pedestrian walkways along both sides of the roadways are to be installed within the subdivision. 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. PUBLIC USES PROPOSED: None N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - no Evidence of Erosion - no Fish Habitat - no Floodplain-no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife - unknown P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. 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 Central District Health Division of Environmental Quality United Water Company R. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on May 23, 2005 (incorporated herein by reference). Page 5 of 13 K:\Plamùng DeptlEagle Apptications\Drl2005\DR-25-05 land drf.doc 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 Estates, suitable primarily for single-family residential development on acreages that may be in transition from agricultural to residential use or may combine small-scale agricultural uses with residential uses. Residential density of up to one dwelling unit per two gross acres may be considered by the City for this area. Chapter 6 Land Use 6.5 Goal To preserve the rural transitional identity. Implementation Strategies a. Preserve the natural features and resources of Eagle. b. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. Chapter 8 Transportation 8.6 Implementation Strategies o. Encourage arterial and collector roadway design criteria consistent with the rural nature of planned and existing developments generally within the areas designated on the Land Use Map as Residential Rural (one dwelling unit per five acres maximum) and Residential Estates (one dwelling unit per two acres maximum). Such designs should include the following: 1. Vertical Curbs should not be permitted, except where may be required by ACHD. Where curbs are needed, flat or rolled curbs should be encouraged. 2. Sidewalks and/or pathways should meander and be separated from any roadway edge or curb to allow for added pedestrian safety. Topography, trees, ditches and/or similar features may limit the distance between sidewalks and/or pathways and the roadway edge. Easements may be needed if portions of the sidewalk and/or pathway is to be located outside of the right-of-way. 3. Unless otherwise determined by ACHD to be necessary for public safety, roadways should be a maximum of two lanes with a center turn lane only at driveways and/or street intersections that are expected to generate a minimum of 1000 vehicle trips per day, or where determined to be necessary for safety by ACHD. Any portion of a center turn lane which is not used for such a driveway or intersection should be landscaped. Such landscaped medians would need to be maintained by the City and would require a license agreement with the highway district having jurisdiction. 4. The roadways should be constructed to provide a bike lane on both sides of the roadway. 6.7 B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Comply with all conditions of the Farmer's Union Ditch Company, as noted within the letters date stamped by the City on February 19,2004, and April 14, 2004. The applicant shall work with the Page 6 of 13 K:\Plmming DeptlEagle Apptications\Drl2005\DR-25-05 land drf.doc . Ditch Company to provide a fencing material other than chain link. The applicant shall submit a letter from the Ditch Company approving of the fence material, and a landscape plan showing fencing details for review and approval by the Design Review Board prior to City approval of a final plat. 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 and within five-feet (5') of the edge of the roadway. 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 swales (borrow ditches). 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. . All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. 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 review and approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 50-foot wide buffer area along Beacon Light Road abutting this site for review and approval by the Design Review Board, prior to City approval of a final plat. The slope within the northeastern corner of the site may interfere with the construction of a berm in this area, which may require the submittal of an alternative method of compliance application. The berm and landscaping shall be installed prior to the issuance of any occupancy permits within the subdivision. . . Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled with material as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. The applicant shall submit a design review application showing any proposed subdivision signage and a landscape plan showing planting details within the proposed landscape islands located North Big Sky Way for review and approval by the Design Review Board prior to City approval of a final plat. . . The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat. The applicant shall submit a design review application with a landscape plan showing planting details for Lots 4 and 9, Block 1 (common lot), including screening details of the irrigation pump house, for review and approval by the Design Review Board prior to City approval of a final plat. The pump house shall be located to comply with all required setbacks for the R-E zoning district. . Page 7 of 13 K:\Plwu1Ìng DeptlEagle Apptications\Drl2005\DR-25-05 Iw\d drfdoc C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(C)(I) 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 1 inch to 6 inches caliper 2x caliper of tree removed 6 1/4 inches to 12 inches 1.5x caliper of tree removed 12 1/4 inches or more 1 x 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 tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl 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 with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) 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 (8') 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. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. D. DISCUSSION: . The landscape plan dated stamped by the City on April 7,2005, indicates a five foot (5') high tan solid panel vinyl fence to be located on a three foot (3') high berm. Per Eagle City Code, a minimum five foot (5') high, maximum eight foot (8') 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 Page 8 of 13 K;\Plmuùng DeptlEagle Apptications\Drl2005\DR-25-05 lwtd drf.doc . final plat. 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-25-05 for a design review application for the common area landscaping within Pony Subdivision No.2 for Tom and Connie Jones, 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 PP-2-04 (Pony Subdivision No.2). 2. 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 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. 3. Provide a cross section of the landscape buffer showing the height of the berm and fence in relation to Beacon Light Road. The cross section shall be reviewed and approved by staff tHe DesigR Review Beaffi prior to the City Clerk signing the final plat. 4. No pump houses are proposed and none are approved. If a pump house is proposed, detailed elevation plans showing the style, color, materials, etc. to be used shall be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing: the final plat. 5. 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. 6. No signs are proposed and none are approved. 7. Provide a revised landscape plan showing fifteen of the Colorado Spruce trees and fifteen of the Austrian Pine trees to be substituted with an additional species of evergreen tree. The revised landscape plan shall be reviewed and approved by staff prior 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 Page 9 of 13 K:\Plwming DeptlEagle Apptications\DrI2005\DR-25-05 IWJd drf.doc Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 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. Page 10 of 13 K:\PlalUùng DeptlEagle Applications\Drl2005\DR-25-05 ¡wid urf.doc The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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. Page 11 of 13 K:\Plwming DeptlEagle Apptications\Drl2005\DR-25-05 Iw\d drf.doc 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use 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 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 April 7, 2005. 2. Requests for agencies' reviews were transmitted on April 11, 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-25-05) 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 (residential estates) zoning district. Page 12 of 13 K:\Plwu1Ìng DeptlEagle Apptications\Drl2005\DR-25-05 land drf.doc DA TED this 23rd day of June 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho 7/? ~ fuic R. cCullough, airman ATTEST: Page 13 of 13 K:\Plwlt1Ìng DeptlEagle Appticatious\Drl2005\DR-25-05 lwtd drf.doc