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Findings - DR - 2005 - DR-59-05 - Common Area Landscaping In Venice Subdivision/885 W Beacon Light Road BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW OF THE COMMON AREA LANDSCAPING WITHIN VENICE SUBDIVISION FOR WILLIAM GUHRKE ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-59-05 The above-entitled design review application came before the Eagle Design Review Board for their action on July 14,2005. 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: William Guhrke, represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping within Venice Subdivision. The 5.03 acre site is located on the southeast corner of North Anacortes Lane and West Beacon Light Road at 885 West Beacon Light Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 9, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 27, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 8, 2005, the Eagle City Council approved the annexation, rezone and preliminary/final plat applications for Venice Subdivision (A-8-04/RZ-13-04/ PP/FP-4-04). E. COMPANION APPLICATIONS: None Page 1 of 12 K:\Plmll1ìng DeptlEagle Appli-.tiollsIDrl2005\DR-59-05 lalla ùrf.ÙO" F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Estates (up to Residential Estates (one Two lot subdivision with one unit per two acres dwelling unit per two acres.) one single family dwelling maximum) Proposed No Change No Change No Change North of site Residential Rural (up to RUT (Residential -Ada Beacon Light Road & one unit per five acres County designation) Single-family dwellings maximum) South of site Residential Estates (up to Rl (Residential -Ada County Single-family dwelling one unit per two acres designation) maximum) East of site Residential Estates (up to R-E (Residential Estates) Tanglerose Subdivision one unit per two acres maximum) West of site Residential Estates (up to RUT (Residential -Ada Single-family dwelling one unit per two acres County designation) maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA , CEDA or DSDA. H. EXISTING SITE CHARACTERISTICS: The site contains thirteen Blue Spruce located on the north side of the existing residence at the southeast comer of Anacortes Lane and Beacon Light Road. West of the driveway approach to the existing home are two Blue Spruce trees and one Pine tree that form a site obscuring screen. On the eastern boundary of the site there is a dense row of willows that extends approximately 285- feet south of Beacon Light Road. I. SITE DESIGN INFORMATION: Total Acreage of Site - 5.03 Total Number of Lots - 2 Residential - 2 Commercial - 0 Industrial - 0 Common - 0 Total Number of Units - 2 Single-family -2 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 12 K:\Plmllling OepllEagle ApplkalionsIOrl200510R-59-05 land ùrt'."'" ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.80-units per two-acres I-unit per two-acres maximum Minimum Lot Size 2.00-acres (87, 120-sf) 1.8-acres (78,408-sf) Minimum Lot Width 266-feet (approximately) 100-feet Minimum Street Frontage 266-feet 35-feet Total Acreage of Common Area O-acres Not required in R-E zone Percent of Site as Common Area 0% 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), a fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the northern boundary of the development is required. Berming, fencing and landscaping details are required for Design Review Board review and approval prior to City approval of a final plat. The applicant is proposing an alternative method of compliance requesting the buffer not be required along Beacon Light Road due to the existing topography and vegetation on this site. K. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The applicant is proposing to utilize the existing trees on site to meet the requirements of an alternative method of compliance for the buffer area adjacent to W. Beacon Light Road. The applicant is not proposing any additional trees to be placed on site. Tree Replacement Calculations: Keith Atkins, City Forester, has provided a tree value for the three willows on the northeast corner of the property if they should need to be removed for the placement of a berm and sidewalk. Three Willows trees located on the northeast corner of the property. Tree #1 - $1,496 Tree #2 - $1,477 Tree #3 - $986 Total $3,959 Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: N/A Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Page 3 of 12 K:\Planning DeptlEagle AppocationslDrl2005IDR-59-0S lm¡ù ùrf.ùo, L. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. M. PUBLIC SERVICES A V AILABLE: N/A 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 Habitat - no Floodplain-no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no 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 Division of Environmental Quality Idaho Power 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 Estate, suitable primarily for single-family residential development within areas that are rural in character. Residential density of up to one dwelling unit per two acres may be considered by the City for this area. Chapter 8 - TRANSPORTATION Page 4 of 12 K:IPlmllling DeptlEagle Appli-.tionsIDrl2005IDR-59-05 land ùrf,ùo, 8.4 Goal Plan a transportation system to serve the planned land use of the City of Eagle and its Area of Impact. 8.5 Objective Encourage alternative transportation fonns such as walking and biking. 8.6 Implementation Strategies a. Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (ITD), and Ada Planning Association (APA) to classify roadways on the City of Eagle Transportation/Pathway Network Maps # 1 and #2 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map. The maps shaH be provided to the Ada Planning Association for input into the Ada Planning Association's Functional Street Classification Map and Regional Transportation Plan. b. Integrate all modes of travel to support air quality improvement measures. e. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. m. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and community appearance. 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) (see list of roadways below). Such designs should include the following: 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. For purposes of this section [8.6 (0)], roadways should include, but are not limited to: . Homer Road . Beacon Light Road . Floating Feather Road (from Eagle Road east to the Impact Area boundary) Page 5 of 12 K:\Plmming DeptlEaglo AppucatiolisIDrl2005IDR-59-05 lm¡ù Orf.ùo, . Park Lane . Meridian Road . Ballantyne Road . Eagle Road (from Floating Feather Road north to the Impact Area boundary) p. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6 DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS: A. General Objectives And Considerations: The following apply to the entire design review overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle architecture and site design book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the design review board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. b. The impact and effect of the site development plan on traffic conditions on contiguous streets and adjoining properties or neighborhoods; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; g. The required driver, pedestrian and bicycle sight distance requirements of the project and their relationship to adjacent streets, driveways and properties; Eagle City Code Section 8-2A-7(J)(4)(b) . b. Any road designated as a minor arterial on the Ada County long range highway and street map: Page 6 of 12 K:\Plmllùng DeptlEagle AppocatiOlc,IDrl200SIDR-S9-0S Imlù ùrf.ùo, . 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. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Eagle City Code Section 8-2A-7(0): Alternative Methods Of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required bufferyard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection 01 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. C. DISCUSSION: . The applicant has proposed an alternative method of compliance regarding this application citing topography, vegetation and other site conditions. Although the topography of the site drops 8-feet below the grade of Beacon Light Road, Eagle City Code requires that buffering of residential uses shall occur. It is imperative the applicant provides this buffering or proposes an alternative form of compliance which either meets or exceeds the requirements of Eagle City Code. The applicant is proposing to make no additional changes to the site; therefore not meeting or exceeding the requirements of Eagle City Code. A berm could be placed to the north of the existing residence adjacent to Beacon Light Road. Utilizing a retaining wall would reduce the width of the berming area limit the impact on the existing structure. The existing trees could be transplanted within the buffer area helping to Page 7 of 12 K:\Plmllling DeptlEagk: AppljçationslDrl2005IDR-59-0S lmlù ùrf.ùo, meet the landscape requirements. . The applicant has not proposed any sidewalks in this application. Tanglerose Subdivision to the east of this development has installed the required berm as well as a meandering sidewalk to the west edge of the property, see Exhibit "A". It is understood that there are topography issues on this particular site, however the Eagle Comprehensive Plan and Zoning Ordinance establishes berming as a means reducing conflict between uses, major arterials and residential, and places significant importance on multi-modal connectivity requiring detached meandering sidewalks along major transportation corridors. The applicants request to not install a sidewalk will result in a gap of the sidewalk/pathway system requiring pedestrians and bicyclist to ride in the road right-of-way or cross a major arterial to travel along Beacon Light Road. During the approval process of Venice Subdivision (PP/FP-04-04), the City Council provided, in Site Specific Condition #3 to allow for an alternative method of compliance for the buffer in order to conform and provide consistency with the proposed subdivision to the east (Tanglerose Subdivision). Eagle City Code requires an alternative form of compliance to either meet or exceeds the standard requirements. Though staff recognizes the redundancy of a ten- foot berm adjacent to an eight-foot grade separation the net effect to the ten-foot berm and sidewalk connection could be achieved with a three to four foot berm and retaining wall that would allow for the continuation of the five-foot detached meandering sidewalk from Tanglewood Subdivision to the east. 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 July 14, 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 (Bowen, Floegel, and Zastrow absent) to approve DR-59-05 for a design review application for the common area landscaping within Venice Subdivision for William Guhrke, 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. The Design Review Board discussed this matter in great length and came to the conclusion that the alternative method of compliance meets the intent of the code. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with the conditions of PP/FP-04-04 (preliminary pl<lt and final plat of Venice Subdivision). 2. The applicaRt shall have an OR site meetiRg ',vith the City Forester to sl:lrvey all eJ¡istiRg trees. Subseq1:H:mt to the on site meetiRg, eonstructioR fencing shall be iRstallecl (pl:lrSl:laRt to the City Forester's directioa) to protect all tr-ees that ar-e to be prescn'ed, prior to tHe commeRcemeRt of aRY coRstmctioR OR tHe site. Page 8 of 12 K:\Plmliling DeptlEagk: Appli-.tiollsIDrl2005IDR-59-IJ5 Imlù ùrf.ùo, 3. The applicant silall delineate OR the fiflal plat an easement for the bl:lffer area adjacent to BeacoR Light Road prior to the City Clerk sigfliRg tile final plat. 1. The applicaat shall pro'.'ide a revised laBdscape plan showin; a berm, landscaping and detached meandering sidewalk within the easement area, as reql:lired in 88Ctt1. The berm shall be a mifliml:lm of four feet above the ceBterliae of BeacoR Light Road. The berm shall be £oBstructed with a 3: 1 slope afld meet the landscapiFlg reql:lirements of g 2,^. 7(J)(1)(b). The revised landscape plan shall be reviewed aBd approved by the Design Reviev¡ Board prior to the City Clerk signing the final plat. 5. i\ll healthy tr-ees are to be preserved and integrated into the desiga of the development, replaced OR site, or a moaetary amol:lnt shall be submitted to the City's tree fund. Provide a revised landscape plan showing which trees are to be retained aad '.vhich trees are to be removed iB order for the Board to determiae a replacemeflt '/alue for aBY trees that are removed from this site. THe revised laadscape plaa shall be revie\ved and approved by staff and one member from the Desigfl Review Board prior to the City Clerk sigHing the final plat. 6. Any existing trees that are damaged during the construction process shall be replaced with, new healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester. 7. The applicant shall provide a license agreement from ACHD allowing the installation of landscaping located within the public rights-of-way, and landscape said right-of-way. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. 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. 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 l1ighway 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 Cel1ificate 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 Page 9 of 12 Ko\Plml11ing DeptlEagk: Appli-.tionslDrl2005IDR-59-<l5 land ùrf.ùo, 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 Cel1ificate 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. Page 10 of 12 K:\Plmllling DeptlEagle ApplicatiollslDrl200SIDR-59-0S land ùrf,ùo, 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 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 propelty which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory Page 11 of 12 K:\Plmmillg DeptlEagle Appli-.tiollsIDrl2005IDR-59-05 Im¡ù ùrf.ùo, 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 bw 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 June 9,2005. 2. Requests for agencies' reviews were transmitted on June 27, 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-59-05) 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. DA TED this 28th day of July 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~~ ATTEST: ~""""""'" ,-'~ Of EA I" , .<r..' ........P~¡"', ! (}w.:'"ORA ~~ '\ , (.ì r..o: .. _.- : \~SEÀL¡ 0 i '\ ~~ ~ ~".p)o .~~ ~ ""'~ '1'8 Of \~", ""......."" Page 12 of 12 K:\Planning DeptlEagle ApplkationslDrl2005IDR-59-IISlanù ùrf.ùo,