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Findings - DR - 2004 - DR-91-04 - Common Area Landscaping W/Shadow Ridge Pud/ BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICA nON FOR A DESIGN REVIEW OF THE COMMON AREA LANDSCAPING WITHIN SHADOW RIDGE PUD FOR HILL VIEW DEVELOPMENT CORPORATION ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-91-04 The above-entitled design review application came before the Eagle Design Review Board for their action on September 9, 2004. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Hillview Development Corporation, represented by Mark Butler with Land Consultants Inc., is requesting design review approval of the common area landscaping within Shadow Ridge PUD. The site is located west of Horseshoe Bend Road at 10711 through 10867 Horseshoe Bend Road and 10943 through 11053 Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 5, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 9, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 10, 2004, the Eagle City Council reviewed and approved an annexation and rezone application, conditional use permit, preliminary development plan, and preliminary plat applications for Shadow Ridge PUD (A-3-04/RZ-3-04/CU-3-04/PPUD-l-04/PP-3-04). E. COMPANION APPLICATIONS: DR-92-04 (design review sign application) Page 1 of 12 K:\Pla.ming Dept\Eagle Applications\Dr\2004\DR-91-04 land drf,doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Four (up to 4- RUT (Rural Urban Transition Single-family dwellings, & units per acre max.) - Ada County Designation) pasture Proposed No Change R-4-P (Residential PUD) PUD Residential Development North of site Residential Four (up to 4- RUT (Rural Urban Transition Retail Nursery units per acre max.) - Ada County Designation) South of site Residential Four (up to 4- RUT (Rural Urban Transition Mobile Home/Trailer Park units per acre max.) - Ada County Designation) East of site Residential Three (up to R2 (Residential - Ada County Brenson Subdivision 3-units per acre max.) Designation) West of site Residential Four (up to 4- R-4 (Residential) State Highway 55 & units per acre max.) Echohawk Estates Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are seven (7) existing single family dwelling units that are to be incorporated into the overall development in addition to numerous existing trees located around the existing single family dwelling units and along Horseshoe Bend Road. L SITE DESIGN INFORMATION: Total Acreage of Site - 39.46 Total Number of Lots - 144 Residential - 122 Commercial - 0 Industrial - 0 Common - 22 Total Number of Units - 129 Single-family - 115 Two-family - 14 (7 buildings) Multi-family - 0 Total Acreage of Any Out-Parcels - 0 J. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 12.7% of common area (10.8% required - see site data above), consisting mainly of buffer areas (abutting SH 55 and Horseshoe Bend Road), landscape strips (abutting the internal roadways), and a 33,000 square foot park lot. The applicant proposes to construct a seventy-five foot (75') wide buffer along SH 55 abutting the western boundary of the development. located both within a common lot (50- Page 2 of 12 K:\Planning Dept\Eagle ApplicationslDrl2004\DR-91-04 land drf.doc feet wide) and an easement. A thirty-five foot (35') wide buffer along Horseshoe Bend Road (eastern boundary) is proposed, separated into sections by multiple driveways and is non-continuous across Lot 1, Block 2, which is an existing parcel proposed to be incorporated into the subdivision. Further details are provided below under the "Discussion" portion of the Staff Analysis. The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map # 1 of 2 designates a pathway to be constructed along the Farmer's Union Canal, near the southwestern corner of this site. Storm Drainage and Flood Control: Street drainage plans shall be submitted by the applicant as required by the Subdivision Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer approving the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. In addition, 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: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) - Not allowed Preservation of Existing Natural Features: The parcel has existing trees located mainly around the existing single-family dwellings 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 will construct a system of public roadways with three entryways into the subdivision from Horseshoe Bend Road, with the typical roadway consisting of a thirty- three foot (33') street section (as measured from back-of-curb to back-of-curb) located within fifty-four feet (54') of right-of-way. All public streets are to be constructed with five-foot (5') wide concrete sidewalks separated from the back of curb by a five-foot wide landscape strip. Stub streets are to provide connections to the property (Weston) located between the sections proposed for development as well as the property to the north of this site to provide connectivity upon the future development of those properties. Page 3 of 12 K:\Planning Dept\Eagle Applications\Drl2004\DR-91-04 land drf.doc Horseshoe Bend Road abutting the eastern boundary of this site is not improved with any curb, gutter, or sidewalk. Eagle City Code as well as ACHD Policy Standards require vertical curb and gutter to be constructed on collector and arterial roadways upon the development of adjacent parcels. Applicant's Justification for Private Streets (if proposed): Not allowed Blocks Less Than 500': None Cul-de-Sac Design: There are three cul-de-sacs to be constructed for the subdivision. All cul-de-sacs are within the maximum 500-foot length requirements and terminate within a 55.5-foot radius right-of way, which includes a landscaped island. Lighting: Lighting for the public streets is required. Location and lighting specifications shall be provided to the City with the submittal of a final plat application. 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. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-92-04) has been submitted for the approval of any signs. M. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. N. PUBLIC USES PROPOSED: None O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - None Evidence of Erosion - No Fish - No Floodplain-No Floodway - No Mature Trees - Yes Riparian Vegetation - No Steep Slopes - No Stream/Creek - Farmer's Union Canal is adjacent to the southwestern corner of the site Unique Animal Life - Unknown Unique Plant Life - Unknown Unstable Soils - None shown Page 4 of 12 K:\Planning Dept\Eagle Applications\Drl2004\DR-91-04 land drf.doc Wildlife-Unknown Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required R. 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: Central District Health Eagle Fire Department Eagle Sewer District Idaho Power Company United Water Company S. LETTERS FROM THE PUBLIC: None received to date. 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 Use. B. CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Construct curb, gutter, and five-foot wide meandering concrete sidewalk along Horseshoe Bend Road abutting the eastern boundary of this site. All construction shall be in accordance with the standards and specifications adopted by the Ada County Highway District The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. . . The applicant shall construct 6-foot wide concrete pathways within the development to provide greater pedestrian connectivity between sections of the development. The applicant shall meet with staff prior to the submittal of a final plat application to determine locations for said pathways. Provide a revised plat showing the addition of usable open space in the northern section of the development, as shown on the site plan date stamped by the city on June 10,2004. . . Provide a revised plat delineating the entire 75-foot wide buffer area along State Highway 55 to be within both a common lot and an easement as depicted on the preliminary plat date stamped by the city on April 21, 2004. Incorporate the sewer easements into the common lot as well to provide pedestrian and maintenance access to the buffer area. The applicant shall submit a design review application and landscape plan showing fencing (if . Page 5 of 12 K:\Platming Dept\Eag\e Applications\Drl2004\DR-91-04land drf.doc . proposed), trees, landscaping. and berming, and planting details within the required 75-foot wide buffer area along State Highway 55 abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. The 35-foot wide common lots for the buffer area along Horseshoe Bend Road are approved as shown on the preliminary plat date stamped by the City on April 21, 2004. A 35-foot wide landscape easement shall be provided across the eastern boundary of Lot 1, Block 2. . The applicant shall submit a design review application and landscape plan showing fencing (if proposed), trees, landscaping, and berming, and planting details within the required 35-foot wide buffer area along Horseshoe Bend Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. All living trees that do not encroach upon the buildable area on any lot or upon any area planned for streets and sidewalks shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how said trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final 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 submit cut sheets showing street lighting details for review and approval by the City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. Useable open space amenities, subdivision signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of a final development plan and final plat. . C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(A)(5)(b) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. . Eagle City Code Section 8-2A-7(C)(1) 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 Ix caliper of tree removed . Eagle City Code Section 8-2A-7(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C1 of this section. Page 6 of 12 K:\PlwJ1ling Dept\Eagle Application5\Drl2004\DR-91-04laud drf,doc D. DISCUSSION: . There are multiple single family dwelling units that currently take access from Horseshoe Bend Road which are apart of this development. Only seven (7) of the existing dwellings are to be retained while the rest of the dwellings are to be demolished or removed from the site, and the land re-subdivided. The landscape plans date stamped by the City on August 5, 2004, indicate the areas along Horseshoe Bend Road which will be landscaped per Eagle City Code and the six (6) dwellings that will continue to access Horseshoe Bend Road and require the approval of an alternate method of compliance. The six (6) existing dwelling units adjacent to Horseshoe Bend Road require the approval of an alternate method of compliance because these parcels will not be planting the required trees and shrubs required adjacent to an urban collector street as required within Eagle City Code. These dwellings will retain the vegetation which currently exists adjacent to Horseshoe Bend Road. The landscape plan date stamped by the City on August 5, 2004, indicates additional plant material to be installed in front of a few of the existing dwelling units. Other than the six (6) dwelling units adjacent to Horseshoe Bend Road, the landscape plan date stamped by the City on August 5, 2004, shows the appropriate quantities of trees and shrubs to be planted adjacent to Horseshoe Bend Road and State Highway 55. . The applicant is proposing to construct curb, gutter, and a five foot (5') wide meandering sidewalk adjacent to Horseshoe Bend Road. Sheet L-4, date stamped by the City on August 5, 2004, shows an area of approximately one hundred sixty (160) linear feet that does not show a five foot (5') wide meandering sidewalk. Per a phone conversation with the applicant's representative, Mark Butler with Land Consultants Inc., all property that abuts Horseshoe Bend Road which is apart of this development will have curb, gutter, and a five foot (5') wide meandering sidewalk adjacent to Horseshoe Bend Road. In addition, the applicant's representative has indicated that the five foot (5') wide meandering sidewalk should be located within the right of way, not on the individual lots adjacent to Horseshoe Bend Road. The applicant should be required to provide a revised landscape plan showing curb, gutter, and a five foot (5') wide meandering sidewalk adjacent to Horseshoe Bend Road. These improvements should be located within the public right of way of Horseshoe Bend Road. The revised landscape plans should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Pursuant to the approval of the application for Shadow Ridge PUD, all living trees that do not encroach upon the buildable area on any lot or upon any area planned for streets and sidewalks shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how said trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The City Forester has completed an inventory of the existing trees on this site which will be affected by the construction of the street systems within this proposed development. An inventory of thirty two (32) trees totaling two hundred-twelve (212) caliper inches was completed with descriptions indicating the species, size, value, and health of each of these trees (see attached report for reference). The Design Review Board should determine if any additional tree caliper inches are required to be added within this development or a monetary amount be contributed to the City Tree Fund. . . 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 Page 7 of 12 K:\Plal111Ìng Dept\Eagle ApplicationslDrl2004\DR-91-04 land drf.doc report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on September 9, 2004, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicantlrepresentative). BOARD DECISION: The Board voted 6 to 0 (Barnes absent) to approve DR-91-04 for a design'review application for the common area landscaping within Shadow Ridge PUD for Hillview Development Corporation, 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: I. Comply with any applicable conditions of A-3-04/RZ-3-04/CU-3-04/PPUD-1-04/PP-3-04 (Shadow Ridge PUD). 2. Provide a license agreement from ITD and ACHD allowing the installation of landscaping located within the public rights-of-way prior to the City Clerk signing the final plat. 3. Provide a revised landscape plan showing the asphalt pedestrian pathways shown on Sheets L-l and L- 3, date stamped by the City on August 5,2004, to be a minimum of six feet (6') wide. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 4. Provide a revised landscape plan showing curb, gutter, and a five foot (5') wide meandering sidewalk adjacent to Horseshoe Bend Road. These improvements shall be located within the public right of way of Horseshoe Bend Road. The revised landscape plans shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 5. The applicant is required to have an on-site meeting with the City Forester to determine which of the trees that have been determined to have a value could be retained and planted on-site within the park areas. Provide a new landscape pian showing which trees are to be retained and planted on-site. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board vrior to the City Clerk signing the final plat. The DesigH Review Boarè shall determ.iHo if aHY additional tree ealiper iHches are reqlÜreè to be added '.YithiH this de'lelopmeRt or a moRetary amoHHt be coRtributed to the City Tree Flmd. 6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. No signs are proposed with this application. A separate design review application is required to be submitted for approval of any signs for this site. 9. The alternate method of compliance regarding the landscape screening between the existing residential dwelling units and Horseshoe Bend Road (date stamped by the City on August 5,2004) is approved. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Page 8 of 12 K:\PIa'Ulillg Dt:pt\Eagle Applications\Drl2004\DR-91-04land 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 fIfst. 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 9 of 12 K:\Planning Dept\Eagle Applications\Drl2004\DR-91-04land drf.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 10 of 12 K:\Planning Dept\Eagle Applications\Drl2004\DR-9l-04land 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 property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the Design Review Board approval date). 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding 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 August 5, 2004. 2. Requests for agencies' reviews were transmitted on August 9, 2004, 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-91-04) 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-4-P (Residential four PUD) zoning district. Page 11 of 12 K:\Planning Dept\Eagle Applications\Drl2004\DR-91-04 land drf.doc DATED this 23rd day of September 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho - iÞ/' ATTEST: ",.11""..."" ",.." .-:: EA G ,# ," 0 ~ ~ Þþ "," 4.. ....... '-<;> þ# ':;" ... ... ## ! ~.. ",ORA l'^.. ~ .. ~.. <>-' <.,'. .. ~. O'~ . ~ . .. . ."". : : ú _.- -~ : : \ ,~.: ~ if. (' -ç f\. ' ;'....:: . ..~;:) v ,~ - ~ .. ('0 / ' : -:. J' ..()Þrr'~' - .- #### 1'1.'~.' .,-" #, ¿, I '. " "",,'... ,,'. ."..., Page 12 of 12 K:\Planllillg Dept\Eagl< Applications\DrI2004\DR-91-04 land drf.doc