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Findings - DR - 2007 - DR-132-06 - Common Area Landscaping In Eaglefield Estates Subd No 2/341/499 N Linder Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN EAGLEFIELD EST A TE SUBDIVISION NO, 2 FOR EAGLEFIELD LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-132-06 The above-entitled design review application came before the Eagle Design Review Board for their action on January II, 2007. 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: Eaglefield LLC, represented by Eric Jensen with Jensen Belts Associates, PLLC, is requesting design review approval of the common area landscaping within Eaglefield Estates Subdivision No. 2. The site is located on the west side of North Linder Road approximately 400-feet north of State Highway 44 at 341 and 499 North Linder Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 4. 2006. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 15, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 12, 2006, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, preliminary plat for Eaglefield Estates Subdivision No.2 (A-IO- 06/RZ-12-06/CU -04-06/PPUD-02-06/PP-12-06). E. COMPANION APPLICATIONS: DR-133-06 (design review sign application) Page 1 of 12 K.\PI;.llllling D~rl\E<Jg\e Apr1io.:<Jti"llsIDr\2a)6\DR-l:.2-06IaIIJ JrrlllH; F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Transitional Residential RR (Residential Rural - Ada Agricu I tu ral!Residen t ial County designation) Proposed No Change R-4-DA-P (Residential with a Single Family and Four- Plex Residential Planned development agreement) Unit Development MU-DA-P (Mixed use with a development agreement) North of site Residential Two RR (Residential Rural - Ada Agricul tu ral!Residen t ia I County designation) South of site High Density Residential RR (Residential Rural - Ada Church facility County designation) East of site Commercial! Residential R-2-DA (Residential with Sedona Three development agreement) S ubdivision/ Agricultural/ Residential West of site Transitional Residential R-2-DA-P, R-4-DA-P, and Agricu ltu ra I/Residen tia I MU-DA-P (Residential and (Proposed Eaglefidd Mixed Use with a Estates PUD) development agreement) G. DESIGN REVIEW OVERLA Y DISTRICT: ='lot in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There is an existing house located near the southeast corner of this development. The applicant is proposing to retain the house and is requesting an alternative method of compliance for the buffer area along Linder Road. There are several trees located around the existing house that the applicant is proposing to retain and protect. I. SITE DESIGN INFORMATION: Total Acreage of Site - 11.5 acres Total Number of Lots - 34 Residential - 24 Commercial - 0 Industrial - 0 Common - 10 Total Number of Units - 39 Single-family - IS Multi-family - 20 Existing - 1 (to be retained) Proposed - 39 Total Acreage of Any Out-Parcels - 0 Page 2 of 12 K:\Pkllmill~ [)~rl\E;Jglt' Apr1iL<lli\11Is\Dr\l006\DR-1Jl-06 IcJnJ JrfJ"o.; Additional Site Data Proposed Required Dwelling Units Per Gross 3.71- units per acre (overall) Transitional Residential Acre 3.22-units per acre (R-4) Residential Four (49.7% of the site) 3.82-units per acre (MU) Mixed Use (50.3% of the site) Minimum Lot Size R-4: 5,741-square feet 8,000-square feet MU: 14,064-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 50-feet (R-4) (as proposed 70-feet (minimum) within the development agreement) 43-feet (MU) (as proposed within the development agreement) Minimum Street Frontage 35-feet 35-feet (minimum) Total Acreage of Common 2.70-acres 1.55-acres (minimum) Lots 1.05 acres minimum plus .50- acres for lots smaller than the minimum (8,000 SF) - per ECC Section 8-2-4 (G) Percent of Site as Common 25.7 Ok 14.8% (minimum - see above) Area J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One gazebo. Height and Number of Stories of Proposed Buildings: Twelve feet (approximately), one story. Gross Floor Area of Proposed Buildings: N/ A On and Off-Site Circulation: N/A Page 3 of 12 K:\Pbllllillg Dt:pt\Eugk i\rrliGlli<1I1s\Dr\2D06\DR-I:.2-()() 1~IIlJ JrLJol" K. BUILDING DESIGN FEATURES: Roof: Wood shingle Walls: Wood timbers Windows/Doors: N/A Fascia/Trim: Wood L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are trees located around the existing house. The applicant is proposing to retain and protect all of the existing trees located within this development. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The landscape plan shows street trees to be located on both sides of the street throughout the entire development. 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 street 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. SIGN AGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES A V AILABLE: A preliminary approval letter from the 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 Page 4 of 12 K:lf-'lctllllillj! Dept\EClgI.: Ar'plil,lli"II~\Dr\2006\[)R- L\2-0() blld drl.,l", Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no 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 by reference and attached to the staff report. Comments. which appear to be of special concern, are noted below: Chevron Pipeline Eagle Fire Department W. LETTERS FROM THE PUBLIC: Memo and tree valuation by Julie Lafferty, City Forester, dated May 15.2006 (is 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 designates this site as Residential Use. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The developer shall provide 3-inch mlmmum 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 8-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 150'1(' 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 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, Page 5 of 12 K:\PI~llI1illg D.;pt\E<lgle A['plil:;lli()lls\Dr\2006\DR-132-06 1,1I1d JrLJ\H'; prior to the commencement of any construction on the site. . Provide a landscape plan showing benning, fencing, and planting details within the required 50- foot wide buffer area along Linder Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. . An alternative method of compliance for the 20-foot wide buffer adjacent to Lot S. Block 3. along Linder Road shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. . 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. . Extend the landscaping within the buffer along Linder Road to within nine fcet (9') from the edge of pavement. The nine feet (9') 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. C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section S-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 C 1 of this section. . Eagle City Code Section S-2A-7 (J)(4)(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 ODD) linear feet of right of way: five (5) shade trees, eight (S) evergreen trees, three (3) flowering/ornamental trees, and t wenly 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 thercof shall be provided within the butfer area. The maximum slope for any berm shall be three feel (3') horizontal distance to one foot 0 ') 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. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . Eagle City Code Section S-2A-7 (M)(3) Within residential developments one shade class (class II or class III) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the five foot (5') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (SO') of street frontage. Page 6 of 12 K:\f-'bIHlillg Dert\E,lgk Arr1i<.:.ui\1I1s\Dr\2006\DR-l:l2-06 bllJ JrL'[UL D. DISCUSSION: . The applicant is retaining the existing house located near the southeast corner of the development. Per Eagle City Code a fifty foot (50') wide buffer is required between Linder Road and this development. The applicant has submitted an alternative method of compliance for approval of a twenty foot (20') wide buffer between Linder Road and the existing house (Lot S. Block 3). Staff defers comment regarding the alternative method of compliance for a twenty foot (20') wide landscape buffer between Linder Road and the existing house to the Design Review Board. . The landscape plans date stamped by the City on December 4, 2006, indicate street trees to be located along both side of all roads between the sidewalk and back of curb within this development with the exception of the first two hundred feet (200') of West Escalante Drive as measured from Linder Road. Street trees are not proposed along the north side of West Escalante Drive along the first two hundred feet (200') (measured from Linder Road). The applicant should be required to provide a revised landscape plan showing street trees spaced thirty five feet (35') to eighty feet (SO') to be planted within the landscape strip along the north side of West Escalante Drive along the first two hundred feet (200') (measured from Linder Road). The revised landscape plan should be reviewed and approved by staff prior to the City accepting a final plat application for this site. . The City Forester has provided comment regarding the placement of evergreen trees in relation to the bioswale, the use of 'Stella d'Oro' daylily, and the use of ornamental grasses within this development. Staff defers comment regarding the Foresters suggestions to the Design Review Board. . Staff defers comment regarding building design and colors 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 January 11. 2007, 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 (Weber absent) to approve DR-132-06 for a design review application for the common area landscaping within Eaglefield Estate Subdivision No.2 for Eaglefield LLC. 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 of Eaglefield Estates II Subdivision (A-l0-06/RZ-12-06/CLJ- 04-06/PPUD-02-06/PP-12-06 ). ') 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. Page 7 of 12 K:\Plalllling Dcrt\bgk Al'rlic~tiLl[1~\D['\:!OO6\D~- I 32.06 l:.mJ J]'rJ,)~ 3. Provide a revised landscape plan showing street trees spaced thirty five feet (35') to eighty feet (SO') to be planted within the landscape strip along the north side of West Escalante Drive along the first two hundred feet (200') (measured from Linder Road). The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a final plat application for this site. 4. i\ plaR showiRg cORstmctioR feRciRg aroliRa the e)(istiRg trees (a miRimliIB of 10 feet from tAe truRk of tAe tree or at the arifJ liRe of the tree (v,AieAe\er is closer)) to fJrcvent an) darflage 'Nithin the drip line of the trees sHolilalJe slilJmittea to tHe City. TAe constnletion f-eRcing SHall be installed prior to commeneing aR) site 'NOrle. ClipS or aams shall be built .,,;itHin the drifJ liRe of each tree in orHer to mtain ./, ater ana the trees shall be waterea on a reglilar basis. No acti\ it)' whatsoever SHall take place witl~iR the drifJ liRe of the trees. 5. If a pump house is required the applicant shall pProvide detailed elevations showing the material and colors to be used in the construction of the aRY profJosed irrigation pump house. The detailed elevation plans, materials, and colors shall be reviewed and approved by staff and two members of the Design Review Board prior to the Citv Clerk signing the slibmittal of a final plat. 6. All overhead power lines shall be located underground prior to the City issuing a certificate of occupancy for this site. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. S. No signs are proposed with this application. A separate design review application is required to be submitted for approval of any signs for this site. 9. Provide a revised landscape plan showing the evergreen trees to be moved UP in elevation so as to be located above the bio-swale. The revised landscape plan shall indicate that all wetland plants will be installed in zones that provide adequate water. The revised landscape plan shall be reviewed and approved bv staff and one member of the Desil!n Review Board prior to the City Clerk signing the final plat. 10. Provide a revised landscape plan providing a note indicating a good mixture of deciduous and evergreen plant material is to be installed within all buffer zones. The revised landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board prior to the Citv Clerk signing: the final plat. II. The design and materials to be used for the seasonal banner signs proposed at the entrance to the subdivision shall be reviewed and approved by staff and one member of the Design Review Board prior to any banner signs being installed. 12. Provide detailed building elevations showing the design and details of the gazebo. A paint or stain sample to be used on the gazebo shall be provided. The detailed building elevations and paint or stain sample shall be reviewed and approved bv staff and one member of the Design Review Board prior to the Citv Clerk signing the final plat. 13. The landscape plan date stamped by the Citv on December 4,2006. showing an alternative method of compliance for the buffer area located adjacent to Lot S, Block 3, is approved. ST ANDARD 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. Page 8 of 12 K\PI<.I1111ing Dcpl\EJgk AppliL:Jli"ns\Dr\2006\DR.] 32-06 IJ1\U Ul'f d,'~ ') 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 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 pert'ormance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal. for irrigation water or irrigation waste water owned by an organized irrigation district. canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction. rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch ( 1 ) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy. whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement. acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way. prior to issuance of any building permits or Certificate of Occupancy. whichever occurs first. Page 9 of 12 K:\Plallllill!:' D~rl\E'-lI:'I<: Al'rli.:.ltilllhIDI-\2006\DR-] :12-06 lalld Ull,h>,' 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. 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 the Eagle Fire Department officials: a. 'The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings. 1,500 gallons per minute for dwellings having a fire area in excess of 3.600 square feet, and 1.500 gallons per minute for non-residential uses (i.e.; Commercial. Industrial, Schools. etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy. whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development 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 Park and Pathway Development 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 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 City Page 10 of 12 K:\Plallllillg lkpt\E<lt:1e Appli<':;.l(i'\II~\Or\2006\DR-l..t2-()6 lalH.! JrfJ"c 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 the City Council for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any modification of the approved design review plans, including, but not limited to building design. location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use of the property which is the subject of this application. shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date. as stipulated in Eagle City Code (one year from the City Council 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: I. The application for this item was received by the City of Eagle on December 4, 2006. 2. Requests for agencies' reviews were transmitted on December 15, 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-132-06) 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-4-DA-P and MU-DA-P (residential and mixed use with development agreement) zoning district. Page 11 of 12 K:\Pklllllillg Depllblgk Al'pliC:,lli"l1s\Dr\~CK)(I\DR.132-()6 bnd JIf.J\l~ DATED this 25th day of January 2007. Eric R. McCullough, Chairman ATTEST: ",,,... ~" ~..' 1"""\' .... .\ ' . ,A.-...' ~ .......- . CJ: _, tl .. f:cJ , ~ : . ,. --. ,\ c.f,E>-\...E/o. ...~., ..",~.. ~ .r '.i.~~~~::'" Q ~ .:-4TEOf~ ........ Page 12 of 12 K:\Pbllllill); Dcpl\Eaglt.' Arplic;.ui\llb\Dr\:!OO6\DR-132-OU bllJ drfduc