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Findings - DR - 2005 - DR-81-05 - Common Area Landscaping In Covenant Hill Subdivision/1501&1604 W Floating Feather Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE ) COMMON AREA LANDSCAPING WITHIN ) COVENANT HILL SUBDIVISION FOR ) HILL VIEW DEVELOPMENT COMPANY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-81-0s The above-entitled design review application came before the Eagle Design Review Board for their action on October 13,2005. 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: Hillview Development Company, represented by Talena Dovel, ASLA, with The Land Group, is requesting design review approval of the common area landscaping within Covenant Hill Subdivision. The site is located on the south side of West Floating Feather Road approximately 1/4 mile east of Ballantyne Lane, at 1501 and 1601 West Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 8, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 14, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 9, 2005, the Eagle City Council approved a rezone application and a preliminary plat application for Covenant Hill Subdivision (RZ-09-0S/PP-08-0S). E. COMPANION APPLICATIONS: DR-82-0S (Monument sign for Covenant Hill Subdivision.) Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-81-05 land drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential A (Agriculture) Single Family Dwelling; Pasture Proposed Transitional Residential R-l-DA (Residential-One Residential Subdivision unit/acre with development agreement) North ofsite Transitional Residential R-E (Residential-Estates) Single Family Dwelling; Pasture South of site Residential One (up to A-R (Agriculture- Single Family Residential one dwelling unit per Residential) (Bakers Acres Subdivision) acre) East of site Residential One (up to R-l (Residential-One Single Family Residential one dwelling unit per dwelling unit/acre) (Downing Downs acre) Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. EXISTING SITE CHARACTERISTICS: This site currently has two residence, detached accessory structures and agricultural ground. 1. SITE DESIGN INFORMATION: Total Acreage of Site - 47.80-acres Total Number of Lots - 44 Residential- 41 Commercial - 0 Industrial - 0 Common - 3 Total Number of Units - 41 Single-family - 41 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-81-05 land drfdoc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.86 dwelling units/acre 1- dwelling unit/acre (maximum) Minimum Lot Size 37,On-square feet 37,000-square feet Minimum Lot Width ISO-feet 100-feet Minimum Street Frontage 44-feet (Cul-de-sac Lot) 3S-feet Total Acreage of Common Area I.S4-acres * O-acres Percent of Site as Common Area 3.2% 0% 'Note: The ten (10') foot wide landscape strip located between the sidewalk and roadway within this site encompasses 2.1 acres. 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 is to construct a fifty foot (50') wide buffer within a common lot along West Floating Feather Road abutting the northern boundary of the development. The applicant is installing street trees and grass within a ten foot (10') wide landscape strip adjacent to all internal roadways within the development. Berming, fencing, and landscaping details are required to be reviewed and approved by the Design Review Board prior to City approval of a final plat. 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 graded so that all runoff runs either over the curb or to the drainage easement. No runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System - no Preservation of Existing Natural Features: The parcel has several existing trees located mainly around the eXlstmg single-family dwellings and accessory structures. Eagle City Code Section 9-3-S (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-81_05 land drf.doc Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. STREET DESIGN: Private or Public Streets: Public The applicant has proposed thirty-three foot (33 ') wide street sections with five foot (5') wide detached sidewalks separated from the street by ten foot (10') wide planting strips. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': none Cul-de-sac Design: The applicant has proposed three (3) cul-de-sacs and two (2) knuckles. The cul-de-sacs have a fifty foot (50') minimum radius and are approximately four-hundred feet (400') long. Sidewalks: A detached five foot (5') wide concrete sidewalk is proposed on both sides of the interior streets. Curbs and Gutters: Three inch (3") rolled curb and gutters are proposed within the interior of the development. Lighting: The applicant has proposed six (6) street lights as shown on the preliminary plat. Lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. 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 for signage (DR-82-0S) has been submitted. M. PUBLIC SERVICES AVAILABLE: Sewer will be provided by Eagle Sewer District through the extension of an existing sewer main. 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 Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-81-05 land drfdoc P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - Yes, see attached letter from City Forester and tree evaluations Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - None Known 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: Ada County Highway District Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District S. LETTERS FROM THE PUBLIC: Letter from Mark Butler with Land Consultants, Inc., dated September 30, 2005, (incorporated herein by reference). Letter from Keith Atkins, City Forester, dated October 3, 2005, (incorporated herein by reference). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Transitional Residential. Chapter 6 - Land Use 6.7 Implementation Strategies 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. k. Protect gravity flow irrigation systems including canals, laterals and ditches to assure continued delivery of irrigation water to all land serviced by such systems, to protect irrigation systems as a long range economical method for water delivery and to coordinate surface water drainage to be compatible with irrigation systems. Page 5 ofl2 K:\Planning Dept\Eagle Applications\Dr\2005\DR-81-05 land drfdoc B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The developer shall provide three inch (3") 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 determined otherwise 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 fifty foot (50') wide buffer area abutting West Floating Feather Road for review and approval by the Design Review Board, prior to City approval of a final plat. The berm and landscaping shall be installed prior to the issuance of any occupancy permits within the subdivision. · 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 at the intersection of West Floating Feather Road and North Covenant Hill 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 right-of-way abutting and within this site, prior to the City Clerk signing the final plat. · All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of a final plat. C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(J)(4) Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as the distance from the Page 6 of 12 K:\Planning Dept\E.agle Applications\Dr\2005\DR-8] -05 land drf.doc outside wall of the lowest story of any single-family attached or detached dwelling and the right of way line of the roadway. The lowest story must be screened from the view of any street classified as a collector, arterial, freeway, or expressway. This buffer is required either on individual lots or as an easement, or as part of the common open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: 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 (I') 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. D. DISCUSSION: . Floating Feather Road is designated in the Eagle Soaring 2025 Plan as a future minor arterial. The applicant has proposed the buffered area to be thirty-five feet (35 ') wide to meet the requirements of an urban collector. Minor arterials require the buffer area between the adjacent road and the development to be fifty feet (50') wide with more plantings per one hundred (100) linear feet than what is required for an urban collector. The applicant should provide a revised landscape plan showing number of deciduous trees, number of evergreen trees, and number of ornamental trees for a minor arterial. The revised landscape plan should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City Clerk signing the final plat. . Keith Atkins, City Forester, submitted correspondence on October 3, 2005, noting his concern regarding the diversity of the proposed deciduous trees to be incorporated into the landscaping. Mr. Atkins observed there are slightly high on Tulip trees (17%) and London Plane trees (14%) proposed. Mr. Atkins stated it would be beneficial if one or two additional species could be introduced. The applicant should provide a revised landscaping plan incorporating at least two (2) additional species of deciduous trees to address the diversity of the deciduous trees proposed within the common lot adjacent to West Floating Feather Road. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. Page 7of12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-!I1-05land drfdoc . All living trees that do not encroach upon the buildable area on any lot should be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the existing 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 should have an on- site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing should 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 landscape plan date stamped by the City on September S, 2005, does not show a connection through the landscape strips from the sidewalk to the intersections. The applicant should provide a revised landscape plan showing all pathways, sidewalks, cross walks, etc. coordinate with regard to connection to each other as well as connection across roadways and planter strips. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. . Staff defers comment regarding the landscaping 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 October 13,2005, 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 6 to 0 to approve DR-SI-OS for a design review application for the common area landscaping within Covenant Hill Subdivision for Hillview Development Company, 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 ofRZ-09-0S/PP-II-OS (Covenant Hill Subdivision). 2. 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. 3. A detailed landscape plan showing how the existing 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. 4. Provide a revised landscape plan showing all pathways, sidewalks, cross walks, etc. coordinate with regard to connection to each other as well as connection across roadways and planter strips. The Page 8 of 12 K:\Planning Depl\Eagle Applicalions\Dr\2005\DR-81-05 land drf.doc revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. S. The applieaat shall provide a re'/ised landseape plan showing the height Bfthe berm aleng West FleatiRg Feather Reaa is a minilllilm effive foot (5') high te Be loeated wi~hin a fifty foot (50') wiae Bliffer area. The revised landseape fllan shall be reviewea and approved BY fhe Design Revie'"" Beard prior to ~he City Clerk signiRg the final plat. 6. Pre'/ide a revisea landseaping plan iaeerporating at least twe (2) additional sfle6ies of desidllells trees to address diversity to the deeidaolls trees proflesea within ~he commen let adjaeent to West Fleating Feather Road. The revisea landseape plan shall be reviewed ana apflreved by the Design Review Board prior te fhe City Clerk signing fhe final plat. '7. Pro'lide a revisea lanaseape plan mee~ing the requirements of a BlIffer area for a miner arterial to be reviewed and apflreved BY staff ana tVie memBers of the Design Revie'.... Board prier te the City Clerk signing the final fllat. 8. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City Clerk signing the final plat. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. No signs are proposed with this application. A separate design review application (DR-82-0S) has been submitted for the approval of a monument sign for this development. 11. The landscape plan date stamped bv the City on September 5,2005, showing a thirtY-five foot (35') wide berm along Floating Feather Road is approved. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. S. 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR.Sl-05 land drfdoc 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 (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle 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:\Planning Dcpl\Eagle Applications\Dr\2005\DR.Sl-0S land drfdoc 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 (Le.; 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 ofa 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. 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 Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR~81-05 land drfdoc 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 oflandscaping (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 September 8, 2005. 2. Requests for agencies' reviews were transmitted on September 14, 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-S1-0S) with regard to the Eagle City Code Title S, 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-I-DA zoning district. DATED this 27th day of October 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE AdaC ATTEST: ,',........., ~"'\1Y. OJ;' f",., ~, C......... Ii' "1 #'* ...- -. 0 ~ i It ... (,ORPo~ ". (' ~ . ~ -1.-.~~; ! '. tf\ : : . - " . . \~ ,S.ec4r l.. j ~ 'f: ~ '\'.- !lit -.. 7.. -'.'b" 0 ;y.' ....,.,.~ .'.=1:"-. 0 .......,OJ;' ID"'~ f',........ ~~o \Z ~~~ Sharon . Bergmann, Eagle City C k Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-81-05 land drf.doc