Findings - DR - 2006 - DR-77-06 - Common Area Landscapig In Kathleen Estates
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN KATHLEEN ESTATES )
FOR CAPITAL DEVELOPMENT AND TOM RICKS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-77-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 10,2006. The 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:
Capital Development and Tom Ricks, represented by David Koga with The Land Group, Inc, are
requesting design review approval of the common area landscaping within Kathleen Estates. The
site is located on the west side of North Park Lane, approximately 1,320 feet north of West State
Street, at 325 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 6, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 11, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the Eagle City Council approved an annexation, rezone, and preliminary plat
application for Kathleen Estates (A-04-06/RZ-04-06 and PP-03-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three - Park RUT (Residential - Ada Agriculture
Lane Planning Area County designation)
Proposed No Change R-3-DA (Residential-up to Residential Subdivision
three units per acre with a
development agreement)
North of site Residential Three - Park R-3 (Residential-up to three Eagle Creek Subdivision
Lane Planning Area units per acre)
South of site Residential Three - Park RUT (Residential - Ada Residential & Pasture
Lane Planning Area County designation)
East of site Public/Semi-Public Public/Semi-Public Eagle High School
West of site Residential Three - Park R-3-DA (Residential-up to Single-family dwellings
Lane Planning Area three units per acre with a
development agreement) Senora Creek Subdivision
No.1
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISITCS: The site is used for farming purposes and has one single-
family house located at the southeast comer of the property. There are a variety of mature trees located
around the single-family house.
1. SITE DATA:
Total Acreage of Site - +/-1 0.51-acres
Total Number of Lots - 35
Residential - 29
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 29
Single-family - 29
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.76-units per acre 3-units per acre maximum
Minimum Lot Size 9,306-square feet 1 O,OOO-square feet
Minimum Lot Width 80- feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Lots l.05-acres (45,827-square feet) 1.05-acres (minimum)
Percent of Site as Common Area 10% 10% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Open Space, Green Belt Areas and Landscape Screening:
The revised preliminary plat for the subdivision shows l.05-acres (45,827-square feet) of
common open space area. This development will be incorporated into the Eagle Creek
Subdivision (Senora) Home Owner's Association. Eagle Creek Subdivision (Lot 8, Block
2) consists of a pool/clubhouse area, basketball court, tot lot, and a parking area for
pool/clubhouse area. The residents of Kathleen Estates will utilize the amenities within
Eagle Creek Subdivision. Pedestrian connectivity will be provided to the development to
the north by a six foot (6') wide pedestrian pathway located on Lot 1, Block 3. The
applicant has placed a playground structure on Lot 1, Block 3, adjacent to the pedestrian
pathway.
Retention of Existing Trees and Preservation Methods:
There are twenty one (21) mature trees located on the site. The City Forester and the
Landscape Architect have determined that thirteen (13) trees are completely dead, half
dead and leaning, or leaning with very poor form. It has been documented that these
thirteen (13) trees have no value. The applicant plans on saving six (6) trees. Four trees
will be protected and two (2) trees will be relocated on the site.
Tree Replacement Calculations:
The two (2) trees the applicant is proposing to remove equal forty one point five (4l.5)
caliper inches, rounded up to forty two (42) inches. If the applicant removes these trees, a
total of forty two (42) caliper inches of trees would be required to be replaced on site or a
financial contribution would be required to be made to the Eagle City Tree Fund account.
Within a previous application (Handmade Retail Building), the Desi/,'11 Review Board and
City Council approved the replacement cost of $150.00 per caliper inch for the amount to
be deposited into the Eagle City Tree Fund account if replacement trees could not be
planted on the site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed to be placed at the front of each lot on the side lot lines and
within five feet (5') of the edge of the roadway.
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style oflighting shall be reviewed and approved by the Zoning
Administrator prior to the submittal of the final plat.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-78-06) for
one monument sign has been submitted to the City for review and approval.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters (with conditions) from the Eagle Fire Department, the Eagle Sewer
District have been received. The Eagle Sewer District states that it will be necessary for the
applicant to petition to annex the subject property into the sewer district for sewage disposal and
the construction plans will need to be approved by the District's consul ting engineer prior to
development of the site. The site is located within United Water Company ofIdaho service area.
United Water provided correspondence indicating that this development is serviceable by United
Water.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, see aerial
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein and
attached to the staff report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
United Water Idaho
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Tree valuation from Julie Lafferty, City Forester, date stamped by the City on July 13, 2006,
(incorporated herein and attached to the staffreport).
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Three, suitable
primarily for single-family residential development within an urbanized setting.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Comply with all conditions within the development agreement for rezone application RZ-04-
06.
. Provide a landscape plan showing berming, fencing, and planting details within the required
35-foot wide buffer area along Park Lane abutting this site for review and approval by the
Design Review Board prior to the submittal of a final plat.
. Provide a revised preliminary plat showing all utility poles providing service to the existing
structures on the site to be removed, prior to submitting a Design review application. All
utility service lines serving existing structures shall be placed underground prior to the
issuance of any building permits for the site.
. Provide a revised preliminary plat showing additional open space provided outside of the road
right-of-way to meet the minimum ten percent (10%) open space requirement prior to
submitting application for Design Review.
. The applicant shall submit a design review application and landscape plan showing trees,
landscaping, berming, proposed signage, and planting details within the required buffer area
along Park Lane abutting this site and any proposed signage and fencing for review and
approval by the Design Review Board prior to the submittal of a final plat application.
. Extend the landscaping within the required buffer area along Park Lane to within 9-feet from
the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the
entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area
shall be maintained and kept free of weeds and debris.
. 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 generally at each side property line,
or as approved by the Design Review Board. The trees shall be located in the ~ ~-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. Trees shall be installed prior to obtaining any occupancy permits
for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
. All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the City Forester. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal
by the City Forester and the Design Review Board) shall be provided for Design Review
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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.
. Construct a minimum five foot (5') wide detached concrete sidewalk along Park Lane abutting
this site.
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)(I)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
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 Cl of this section.
. Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the Ada County long range highway and
street map:
A minimum of thirty five feet (35') 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: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (S') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1 ') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
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D. DISCUSSION:
. Sheets L 1.0 1, date stamped by the City on August I, 2006, shows all the required number of trees
to be planted on the west side of the meandering sidewalk along North Park Lane. It is staffs
opinion that some of the trees within the berm need to be located on the east side of the
meandering sidewalk along North Park Lane so as to create visual interest to passing motorist and
pedestrians. The applicant should be required to provide a revised landscaping plan showing some
of the trees within the berm to be located on the east side of the five foot (5') meandering concrete
sidewalk adjacent to North Park Lane. The revised landscape plan should be reviewed and
approved by staff and one member of the Design Review Board prior to the submittal of the final
plat application.
. There are twenty one (21) mature trees located on the site. The City Forester and the Landscape
Architect have determined thirteen (13) of the twenty one (21) trees are completely dead, half dead
and leaning, or leaning with very poor form and should be removed. Of the remaining eight (8)
trees, the applicant plans on saving six (6) trees, four (4) will be protected and two (2) will be
relocated on the site. There are two (2) trees that the applicant is removing from the site that
equal forty two (42) that are required to be replaced on site per Eagle City Code Section 8-2A-7
(C)(1). Within a previous application (Handmade Retail Building), the Design Review Board and
City Council approved the replacement cost of $l50.00 per caliper inch for the amount to be
deposited into the Eagle City Tree Fund account if replacement trees could not be planted on the
site. The applicant should provide a revised landscape plan showing forty two (42) additional
inches of tree caliper within the common area of the subdivision. Any caliper inches that can not
be replaced within the common area of the subdivision should be multiplied by $150.00 per
caliper inch and paid to the Eagle City Tree Fund account. The revised landscape plan should be
reviewed and approved by staff and one Design Review Board member. Any financial
contribution shall be deposited into the Eagle City Tree Fund account prior to the submittal of a
final plat application.
. Staff defers comment regarding 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 August 10, 2006, 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 (Stanger, Wright, and Weber absent) to approve DR-77-06 for a design review
application for the common area landscaping within Kathleen Estates for Capital Development and
Tom Ricks, with the following staff recommended site specific conditions of approval and standard
conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPRO V AL:
1. Comply with all conditions within the development agreement for rezone application RZ-04-06 and
PP-04-06.
2. Provide a revised landscaping plan showing some of the trees within the berm to be located on the east
side of the five foot (5') meandering concrete sidewalk adjacent to N. Park Lane. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the submittal of a the final plat application.
3. Provide a revised landscape plan showing forty two (42) additional inches of tree caliper replaced
within this development. Any caliper inches that can not be replaced on site shall be multiplied by
$150.00 per caliper inch. The revised landscape plan shall be reviewed and approved by staff and one
Design Review Board member. Any financial contribution shall be deposited into the Eagle City Tree
Fund account prior to the submittal of a final plat application.
4. Provide a license agreement from ACHD allowing the installation oflandscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
City Clerk signing the final plat.
5. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this development.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
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
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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 (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."
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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.
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
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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 July 6,2006.
2. Requests for agencies' reviews were transmitted on July 11, 2006, 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-77-06) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-3-DA (Residential - up to three units per acre with a Development Agreement) zoning
district.
DATED this 24th day of August 2006.
ATTEST:
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'-Sharon K. Bergmann, Eagle City C erk
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