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Findings - DR - 2006 - DR-87-06 - Common Area Landscaping In Bellemeade Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW OF THE COMMON ) AREA LANDSCAPING WITHIN BELLEMEADE ) SUBDIVISION FOR TOM RICKS ) FINDINGS OF FACT AND CONCLUSIONS OF LA W CASE NUMBER DR-87-06 The above-entitled design review application came before the Eagle Design Review Board for their action on October 12, 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: Tom Ricks, represented by Talena Dovel with The Land Group, Inc., is requesting design review approval of the common area landscaping within Bellemeade Subdivision. The l6.8l-acre site is located on the east side of North Park Lane approximately 420-feet north of State Highway 44 at 312 North Park Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 10, 2006. e. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 14, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 11, 200S, the Eagle City Council approved a preliminary development plan, conditional use and preliminary plat for Bellemeade PUD (CU-07-0S/PPUD-03-0S/PP-09-0S). E. COMPANION APPLICATIONS: DR-88-06 (design review sign application) Page I of 13 K:\PlulIUillg Dtpt\Eagk Arplil,;Uli"lls\Dr\2006\DR-87-06 1.!Ild Jrfu,'<': F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use MU-DA (Mixed Use with a Agricu I tu ral/Res iden tial development agreement) (Flint Estates Subdivision) Proposed No Change No Change Single Family Residential Subdivision North of site Public/Semi-Public PS (Public/Semi-public) Eagle High School South of site Mixed Use A-R (Agricultural- Agric u I tural/Residen t ial Residential) (Flilll Estates Subdivision) East of site Transitional Residential A-R (Agricultural- Agricu I tural/Resident ial Residential) (Flint Estates Subdivision) West of site Residential Three RUT (Ada County Agricu I tu ral/Residential Designation - Rural Urban Transitional) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There are three (3) existing residential dwelling units located within this development. Two of the dwelling units are to be removed and only one dwelling unit is to be retained on Lot IS, Block I. There are an abundant amount of existing trees located within this proposed development (see discussion Retention of Existing Trees and Tree Replacement Calculations). I. SITE DESIGN INFORMATION: Total Acreage of Site - 15.75 acres Total Number of Lots - 63 Residential - 47 Commercial - 0 ] ndustrial - 0 Common - 16 Total Number of Units - 47 Single-family - 47 Existing- 3 Proposed - 44 Total Acreage of Any Out-Parcels - 0 Page 2 of 13 K:\PI,muing l)~rt\E'-Igk Appli>;<Itiol1s\Dr\2006\DR-87-06 lanu JrfJ"o..: Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.98 units/acre 3-units/acre maximum (as conditioned in the development agreement for this site.) Minimum Lot Size 6,19 I -square feet 7,000-square feet. Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). Minimum Lot Width SO-feet SO-feet Minimum Street Frontage 3S-feet 35-feet Total Acreage of Common 3.00-acres 1.70-acres (minimum) Lots [1.S8 acres minimum plus . 12-acres for lots smaller than the minimum (7,000 SF) - S,143 - square feet total area below 7,000 square feet.] Percent of Site as Common I9.0S % 10.8% (minimum - see above) Area J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two pergolas for pedestrian use. Height and Number of Stories of Proposed Buildings: To be determined. Gross Floor Area of Proposed Buildings: N/A On and Off-Site Circulation: N/A K. BUILDING DESIGN FEATURES: Wood timbers are to be used to construct the pergolas. L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are a substantial number of trees that exist on this site that the applicant is proposing to retain or relocate. The applicant is proposing to remove eight (8) trees from this site. All other trees will remain in their current location or will he relocated on site. Tree Replacement Calculations: The applicant is proposing to remove eight (8) trees from this site which have a value of $24,712.00 and total one hundred twenty six (126) caliper inches of tree that would need to be replaced on site. Within the berm along North Park Lane and the berm Page 3 of 13 1{:\PIUlllLillg Ikpl\Eaglc Appli":ali"lIs\Or\2006\DR.87.06IilIIJ Jrf.\lH'; along the north side of West Flint Drive, the applicant is proposing to install eighteen (1S) trees above and beyond what is required within Eagle City Code. Also, the applicant is going to install larger evergreen trees around the entry and within the berm along the north side of West Flint Drive. If the applicant increased thirty two (32) of the evergreen trees from six to seven foot (6' - 7') tall evergreen trees to eight to nine foot (S' - 9') tall evergreen trees along the frontage of North Park Lane and along West Flint Drive, the one hundred twenty six (126) caliper inches would be mitigated. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing street trees at the front of each lot comer. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/ A M. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SER VICES A V AILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. 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 City Foresters report Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Page 4 of 13 K:\PI;uming lJt:pt\E.l.gle Applic<ltilll1s\Dr\2006\DR-87-06 land JrfJoc Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW Of ENVIRONMENT AL ASSESSMENT PLAN (IF REQUIRED): Not req u ired V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference and attached to the staff report. Comments, which appear to be of special concern, are noted below: Chevron Pipeline Division of Environmental Quality Eagle Fire Department Idaho Power Company W. LETTERS FROM THE PUBLIC: Memo from Julie Lafferty, City Forester, date stamped by the City on September 1 1,2006 (incorporated herein by reference and attached to the staff report). 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 (Western Area Plan adopted September 14, 2004) designates this site as Mixed Use. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The applicant shall provide a revised preliminary development plan/ preliminary plat showing a direct pedestrian access point between this development and the mixed use area to the south as well as access to the east and west boundaries to the open space lot (Lot 2, Block 9) from the proposed interior roadways. Construction details (i.e. width, specific location, and surface material) should be reviewed and approved by the Park & Pathway Committee and Design Review Board prior to submittal of the final plat. . The applicant shall submit a design review application including, but not limited to: 1) proposed subdivision sign age, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house, 4) landscape screening details of the irrigation pump house, S) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat. · The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines. or as approved by the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for IS0% of the cost of the installation of all landscape Page 5 of 13 K:\Plulllling D~pl\Eaglt: Arrlicutjlllls\Dr\2006\DR-87-06 JUIIU urf.uoc 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 encro~ch upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board 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. . 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. . The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be 5-feet. . The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site, prior to approval of a final plat. C. ZONING CODE PROVISIOKS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(C)(l) 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 cal iper 6 1/4 inches to 12 inches 12 1/4 inches or more . 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, brancbes, 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 C 1 of this section. Replacement 2x caliper of tree removed 1.5x caliper of tree removed Ix caliper of tree removed . Eagle City Code Section 8-2A-7(O)(3) Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved. the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous Page 6 of 13 K:\Pbllllillg lkpl\Eaglt: Arpli..:ati'lIls\Dr\2006\DR.87-06IullU Jrfu\l>: trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. . Eagle City Code Section 9-4-1-6( D)( 1) The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdi\isions which are designed for primary use by the residences of the subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access casement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. D. DISCUSSION: There are a substantial number of trees that exist throughout this site, which the applicant is proposing to retain or relocate on site. Of the multitude of trees located on this site, the applicant is only proposing to remove eight (S) trees from this site. These eight (8) trees have a total monetary value of $24,712.00 and total one hundred twenty six (126) caliper inches of tree. Within the berm along North Park Lane and the berm along the north side of West Flint Drive, the applicant is proposing to install eighteen (18) trees above and beyond what is required within Eagle City Code. Also, the applicant is proposing to install larger evergreen trees around the entry and within the berm along the north side of West Flint Drive. If the applicant increased thirty two (32) of the evergreen trees from six to seven foot (6' - 7') tall evergreen trees to eight to nine foot (S' - 9') tall evergreen trees along the frontage of North Park Lane and along West Flint Drive, the one hundred twenty six (126) caliper inches would be mitigated. The applicant should be required to provide a revised landscape pl.m showing thirty two (32) of the evergreen trees within the berm along North Park Lane and Wesl Flint drive to be increased in size to eight to nll1e luot (~,. - l)") tall evergreen trees. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. . The applicant is proposing to construct a large open area in the center of this development. A large grove of Austrian Pine trees, located between Lots 3, and 4, Block 9, are to be protected and retained. Per the approval of the preliminary plat, an east/west pathway was required to be constructed in addition to the north/south pathway proposed within Lot 1, Block 9. It is staff's opinion that a pathway running from the north/south pathway to the west, through the grove of Austrian Pine trees, should not be constructed. This common area is one of the only large, open, active areas within this development, requiring a pathway in this location would fragment one of the only large grass areas where kids could kick a ball around. In addition, the construction of the pathway may require the removal of some of the Austrian Pine trees located between Lots 3 and 4, Block 9. Staff defers comment regarding the construction of a pathway from the north/south pathway to the west to the Design Review Board. · Sheet Ll.O, date stamped by the City on October 3,2006, shows five foot (S') wide pathways to be constructed in Lot 17, Block 1, Lots 15 and 24, Block 7. Per Eagle City Code, pathways are required to be a minimum of six feet (6') wide within subdivisions. The applicant should be required to provide a revised landscape plan showing the pathways to be constructed in Lot 17, Block I, Lots IS and 24, Block 7, to be a minimum of six feet (6') wide. The revised landscape plan should also show the pathways having a gradual meander to them. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk singing the linal plat. · Sheet L1.3, date stamped by the City on June 7, 2006, indicates a wood fence with stone columns is to be located along the north boundary of the site and intermittent areas of the berm along North Page 7 of 13 K:\PJalllling Jkpt\Euglt AppliC'-lti<.111s\Dr\2006\DR-81-061anJ Jrt".lJIl(,; Park Lane. Per Eagle City Code, cedar, fir and similar high maintenance and/or unsightly fencing are not permitted. The applicant should be required to provide a revised landscape plan showing the fence proposed along the north boundary of the site and within the berm along North Park Lane to be constructed of a material that is not a high maintenance material. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a final plat application. . Staff defers comment regarding the landscaping and building designs 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 12.2006. 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. e. 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 S to 0 (Barnes absent) to approve DR-87-06 for a design review application of the common area landscaping within Bellemeade Subdivision for Tom Ricks, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: I. Comply with all applicable conditions of Bellemeade PUD (CU-07-0S/PPUD-03-0S/PP-09-0S). 2. Provide a revised landscape plan showing thirty two (32) of the evergreen trees within the berm along North Park Lane and West Flint drive to be increased in size to eight to nine foot (S' - 9') tall evergreen trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 3. Provide a revised landscape plan showing the pathways to be constructed in Lot 17, Block 1, Lots IS and 24, Block 7, to be a minimum of six feet (6') wide The revised landscape plan shall also show the pathways having a gradual meander to them. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk singing the final plat. 4. The applicant is permitted to use the wood and stone fencing as shown on Sheet L1.3, date stamped by the Citv on October 3, 2006. Provide detailed cut sheets showing the method of construction for the fence (i.e.: lumber specification and dimension, structural support, span between columns, how attached to columns, etc.). The detailed cut sheets shall be reviewed and approved bv staff and one member of the Design Review Board prior to the Citv accePting a final plat application. Pro'. ide a revisee laResea!'l6 !'llan showing the fence pro!'loseEl along the north bOllndar)' of the site and within the berm along Nortl~ Park Lane to be cOllstmcted of a material that is net a high maintenance material. The revised lanesea!'l6 !lIaR shalllle reviewed ana approved by staff aHd one memBer of the Design Review Boare fJrior to the City accepting a final plat application. Page 8 of 13 K:\Plalllling Derl\Eagle Al'plk;Jti<llls\DI\1006\DR-87-06 luno Jrt,Lh..: S. Provide a license agreement from ACHD allowing the installation of landscaping located within the public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the submittal of a final plat. 6. Proteet and retain all trees that are EO retained or relocated on this site. /\ revised landscafle fllan sRowing these two trees incorporated into the landscaping sAall be flro\ ided. The revised landscape Illan shall Be reviewed and approved BY staff and two meHl13em of the Design Revic'.\ Hoard prior to the sllBfflittal of a final Illat. 7. Protect and retain all trees that are to be retained or relocated on site. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of the tree or at the drip line of the tree (whichever is closer)) to prewnt any damage within the drip line of the trees should be submitted to the City. The construction fencing shall be installed prior to commencing any site work. Cups or dams shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within the drip line of the trees. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit $ISO.OO to the City, at the time of building permit submittal, for the Planning and Zoning plan revtew. 12. No signs are proposed with this application. A separate design review applicatioll (DR-98-06) has been submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 13. Provide revised CC&R's adding language regarding the scheduled maintenance of the wood fencing. pergolas, and signage for Bellemeade Subdivisioll. The revised CC&R's shall be reviewed and approved bv staff prior to the Citv Clerk signing the final plat. 14. Provide a revised landscape plan showing the north/south pathway located within Lot 1, Block 9, to be located as close to the western edge of the seepage bed as possible and continuing south within the eastern portion of the common area to provide the maximum amount of unobstructed lawn area in the park. In order to provide the largest open plav area, the east/west pathwav located west of the north/south pathwav required within the preliminary plat approval, shall not be required. The revised landscape plan shall be reviewed and approved by staff prior to the City accePting a final plat application. 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. Page 9 of 13 K:\Plulluiug I kpl\Eagk Arrlir.:ati()II_~\Dr\2006\DR.87-06 land Jrl.lhH; 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy. whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City EngineL:r 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 now 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 Page 10 of 13 K:\Plallning Ikpt\Eagle Applicatilllls\Dr\2006\DR-87-06lullJ Jlf.JllC lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. II. 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 tile Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,SOO gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies baving 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. IS. The applicant shall comply with the provisions of the Eagle City Code, pertaining to tloodplain 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. Page 11 of 13 K:\PI..umillg IJept\Eaglc Applir.:atil111s\Dr\2006\DR.S7 -06 L.lIlJ Jrf.Jn,-, 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction 11as 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 landscapint: (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on August 10,2006. 2. Requests for agencies' reviews were transmitted on August 14, 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-87-06) 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 MU-DA (mixed use with development agreement) zoning district. Page 12 of 13 K:\Plalllling Depl\Eaglt: ArpHc;lti\1I1s\Dr\2006\DR-87-06IuIIJ Jrf.Joc DATED this 26th day of October 2006. ATTEST: ..,.............. .... ~AGl. .... ~,.. 0 <t( ........ Ii' .... .... ~. -....... ~ f.., .' O\lA7'~...... \ E ...... .. ~~ e.: :(.)10 .: .! ' -: . i i (,) ,. ""PIC: .. Gp... ~.:::= 1." '. c:, y A..~...... = .. ""1\0: to e, -. ~_ ..~O. po.~... 4..<:) ".:; , J' .... ~...' "'" l' A TE 0 .... ""'......."'" Pagel30fl3 K:\PI..Ullliug l>tpl\Eaglt: Al'plil.:atj"lls\Dr\2006\DR.g7-Q6lallJ Jrf.J.,-: