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Findings - DR - 2007 - DR-09-07 - Common Area Landscaping In Eagle Creek West Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR THE COMMON AREA ) LANDSCAPING WITHIN EAGLE CREEK WEST ) SUBDIVISION FOR J. L. J. ENTERPRISES, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-09-07 The above-entitled design review application came before the Eagle Design Review Board for their action on March 8, 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: J. L. J. Enterprises, Inc., represented by Phil Hull with The Land Group, Inc., is requesting design review approval for the common area landscaping within Eagle Creek West. The site is located on the west side of North Linder Road approximately 1,640-feet north of State Highway 44 at 839 North Linder Road. B. APPLICA nON SUBMlTT AL: The City of Eagle received the application for this item on February 7, 2007. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 14, 2007, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2007, the Eagle City Council approved an annexation, rezone, and preliminary plat application for Eagle Creek West Subdivision (A-16-06 & RZ-21-06/PP-16-06). E. COMPANION APPLICATIONS: None Page 1 of 12 K:\Planning Dept\Eagk: Applications\Dr\2007\DR-09-07 Eagle Creek West drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (2 units R-2-DA-P (Residential-2 units Single-family residence per acre maximum) per acre planned unit and farm ground. development with a development agreement) Proposed No Change No Change Single Family Residential Subdivision North of site Residential Two (2 units R-2-DA-P (Residential-2 units Legacy Planned Unit per acre maximum) per acre planned unit Development development with a development agreement) South of site Residential Two (2 units R-2-DA (Residential-2 units Single-family residence per acre maximum) per acre with a development and pasture agreement) (Proposed Cabra Creek Subdivision) East of site Residential Three (3 units R-3-DA(Residential-3 units Senora Creek Subdivision per acre maximum) and per acre with a development and proposed Galileo Public/Semi-Public agreement) and PS-DA School (Public/Semipublic with a development agreement) West ofsite Residential Two (2 units R-2-DA-P (Residential-2 units Eaglefield Estates Planned per acre maximum) per acre planned unit Unit Development development with a development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There are three existing trees around the house located near the southeast comer of the site. I. SITE DESIGN INFORMATION: Total Acreage of Site - 32.7 acres Total Number of Lots - 114 Residential - 98 Commercial - 0 Industrial - 0 Common - 16 Total Number of Units - 98 Single-family - 98 Duplex - 0 Multi-family - 0 Page 2 of 12 K:\P1anning Dept\Eagle Applications\Dr\2007\DR-09-07 Eagle Creek Wesl drf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.99-units per acre Less than 3.00-units per acre* Minimum Lot Size 5, 199-square feet 3,800-square feet* Minimum Lot Width 50-feet 50-feet Minimum Street Frontage 36-feet 30-feet* Total Acreage of Common Area 6.0 I-acres 5.02-acres* Percent of Site as Common Area 18.37 % 15%* * Note: The minimum requirements are based on the Conditions On Development of Eagle Rezone Application RZ-13- 05. Condition No. 3.4.2.4. outlined within the recorded executed development agreement. Instrument No. 106161990. 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 On and Off-Site Circulation: N/A K. BUILDING DESIGN FEATURES: N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are three (3) existing trees located around the house near the southeast comer of the site. The landscape plan does not indicate that these three (3) trees are to remain. Tree Replacement Calculations: Per the City Foresters site inspection on November 4, 2006, there is one 22.75" green ash (valued at $10,100.00), one 33" silver maple (valued at $14,500.00), and one 34.75" silver maple (valued at $20,900.00). Based on Eagle City Code with regard to tree caliper replacement, the applicant is required to replace 90.5 caliper inches of tree on this site or based on the value of the trees provided by the City Forester, provide a financial contribution to the City Tree Fund in the amount of $45,500.00. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: Street trees are shown to be located at each lot comer. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. ~ansition Zones: N/A Page 3 of 12 K:\Planning DePI\Eagle Applications\Dr\2007\DR-09-07 Eagle Creek West drf.doc 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 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 Pedestrian Walkways: Pedestrian walkways are provided through a multi-purpose pathway system and the detached sidewalk system. The pathway system will also connect existing and future residential developments on the adjacent parcels. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. 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 Forester report Riparian Vegetation - yes - adjacent to Middleton Canal Steep Slopes - no Stream/Creek - yes - Middleton Canal Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - yes - pheasant and quail U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Page 4 of 12 K:\P1anning Dept\Eagle Applicalions\Dr\2001\DR-09-07 Eagle Creek West drf.OOc 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: Letter from Julie Lafferty, City Forester, dated February 21, 2007 (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 09-14-04) designates this site as Residential. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Provide a copy of the license agreement with Ada County Highway District (ACHD) for landscaping and sidewalks to be located in the right-of-way and a copy of the easement provided to ACHD for the sidewalks to be located outside of the right-of-way prior to final plat approval. . Provide a revised preliminary plat identifying all canals and ditches, associated easements and utility and drainageway easements to be located outside of the irrigation easements prior to submitting for a Parks and Pathway Development Committee recommendation and a Design Review application. . Provide a revised preliminary plat showing all interior pathways to be six feet (6') in width for review by the Parks and Pathway Development Committee prior to submitting a Design Review application. . Provide a revised preliminary plat showing the pathway connection from the pocket park to be located on the west property line of Lot 13, Block 3, and an additional pathway connection to the pathway within Lot 17, Block 1, to be located between Lots 6 and 7, Block 1, forreview and approval by the Parks and Pathway Development Committee prior to submitting a Design Review application. . The applicant shall submit a design review application and landscape plan showing trees, landscaping, berming, proposed signage, and planting details within the required 50-foot wide buffer area along N. Linder Road 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 N. Linder Road 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 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 Page 5 of 12 K:\Planning Dept\Eagle Appliclltions\Dr\2007\DR-09-01 Eagre Creek West drf,doc Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. . 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 8-foot wide landscape strip between the 6-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 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. C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 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 Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 6 1/4 inches to 12 inches I.5x caliper of tree removed 121/4 inches or more Ix caliper of tree removed In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4-inch caliper trees or four (4) 3-inch caliper trees. . 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. Page 6 of 12 K:\Pllllllling Dept\Eag1e Applications\Dr\2007\DR-09-07 Eagle Creek West drf.doc . Eagle City Code Section 8-2A-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 (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. D. DISCUSSION: . There are three (3) trees located around the existing house located near the southeast comer of this site near North Linder Road. The landscape plan does not indicate if these trees are to remain. Per the City Foresters site inspection on November 4,2006, there is one 22.75" green ash (valued at $10,100.00), one 33" silver maple (valued at $14,500.00), and one 34.75" silver maple (valued at $20,900.00). Based on Eagle City Code with regard to tree caliper replacement, the applicant is required to replace 90.5 caliper inches of tree on this site or based on the value of the trees provided by the City Forester, provide a financial contribution to the City Tree Fund in the amount of $45,500.00. . The landscape plan date stamped by the City on February 7,2007, shows a five foot (5') wide pathway to be constructed between the cul-de-sac of Pumice Court and the five foot (5') wide meandering sidewalk along Linder Road. Per the preliminary plat all interior pathways are to be six feet (6') in width. The applicant should be required to provide a revised landscape plan showing the pathway to be constructed between the cul-de-sac of Pumice Court and the five foot (5') wide sidewalk along Linder Road. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. . Sheet Ll.l, date stamped by the City on February 7,2007, does not show an open style fence to be installed along the residential lots located along the north boundary of the development. The applicant should be required to provide a revised landscape plan showing an open style fence to be installed along the northern boundary of the development adjacent to the open area and pathway to be constructed with the Legacy development. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. . 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. Page 7 of 12 K:\P1anning Depl\Eag~ Applications\Dr\2007\DR-09-07 Ea.gk Creek Wel'ot drf.doc PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on March 8, 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 5 to 0 (MacDonald and McCullough absent) to approve DR-09-07 for a design review application for the common area landscaping within Eagle Creek West Subdivision for J. L. J. Enterprises, Inc., 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 Eagle Creek West Subdivision (A-l6-06 & RZ-21-06/PP- 16-06). 2. 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 Citv Clerk signing the SUBmittal sf a final plat. 3. Provide a revised landscape plan showing the pathway to be constructed between the cul-de-sac of Pumice Court and the five foot (5') wide sidewalk along Linder Road. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of City Clerk sigaiag the final plat application. 4. Provide a revised landscape plan showing an open style fence to be installed along the northern boundary of the development adjacent to the open area and pathway to be constructed with the Legacy development. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of City Clerk sigaiag the final plat application. 5. Provide a revised landscape plan showing all sidewalks, cross walks, etc. coordinate with regard to connection to each other as well as connection across roadways and planter strips. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of City CleFlc sigaiag the final plat application. 6. 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 prevent 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. 7. If a pump house is needed PProvide detailed elevation plans showing the material and colors to be used in the construction of any proposed 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 submittal of a final plat. 8. All overhead power lines shall be located underground prior to the City issuing a certificate of occupancy for this site. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. Page 8 of 12 K:\Planning Dt:pt\Eagle Appliclltions\Dr\2007\DR-09-07 Eaglt: Creek West drf.doc 10. 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. 11. Provide revised elevation plans of the picnic shelter canopy showing a more architecturally pleasing and substantial building design. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the submittal of the final plat application. 12. Provide a revised landscape plan showing concrete or metal edging between planter beds and grass areas. The revised landscape plan shall be reviewed and approved bv staff prior to the submittal of a final plat application. 13. Provide a revised landscape plan incorporating the Citv Forester's concerns stated in the letter dated Februarv 21. 2007. with the exception of the trees encroaching into Linder Road. The revised landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board prior to the submittal of a final plat application. 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 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 Page 9 of 12 K:\Plamting DepI\Eagle Applicalions\Dr\2007\DR-09-07 Eagle Creek West drf.doc of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. 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 Page 10 of 12 K:\Plamring Dept\Eag1e Applicatiollli\0r\2007\DR-09-07 Eagk Creek West drf.doc 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 floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. IS. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City 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 Page 11 of 12 K:\P1anning Dept\Eag1e App1icatioll5\Dr\2007\DR-09-07 Eagle Creek WeSI drf,rJoc 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 February 7, 2007. 2. Requests for agencies' reviews were transmitted on February 14, 2007, 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-09-07) 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-2-DA-P (residential - 2 units per acre planned unit development with a development agreement) zoning district. DATED this 22nd day of March 2007. Eric R. McCullough, Chao ATTEST: "",...,..... .....1 ( .' "' ..' ~.,. ! 'Z. ~ : ( : \~.. ....~~. j .... \ \) ...7 ##f.., .....""". A-Qrf-.r~Q -~ ~ ""'Sharon . Bergmann, Eagle City C erk Page 12 of 12 K:\P1anning Depl\Eag1e Applicalions\Drl.2007\DR-09-07 Eagle Creek West drf.OOc