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Findings - DR - 2007 - DR-08-07 - Common Area Landscaping In Countryland Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN COUNTRYLAND) SUBDIVISION FOR JLJ ENTERPRISES, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-08-07 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: ILJ Enterprises, Inc, represented by Jeremy Ainsworth with The Land Group, is requesting design review approval for the common area landscaping within Country land Subdivision. The 6.60- acre site is located on the north side of State Highway 44 approximately V. mile West of Ballantyne Road at 2556 W. State Street. B. APPLICATION SUBMITTAL: 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 15, 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 a comprehensive plan amendment, annexation, rezone with a development agreement and preliminary plat application for Countryland Subdivision (CPA-3-06, A-9-06, RZ-lO-06 & PP-ll-06) E. COMPANION APPLICATIONS: None Page 1 of 12 K:\PIanning Dept\Eagle Applications\Dr\2007\DR-QS.07land drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential R-2-DA (Residential Estates) Single Family Dwelling 2 unit/acre and Pasture Proposed No Change No Change Single-Family Residential Subdivision. North of site Residential Estates ( I R-E (Residential Estates) I Single Family Residential unit/acre) unit/2 acres Subdivision South of site Transitional Residential A (Agricultural) Floating Feather Road & (up to I unit/acre) Single Family Dwelling (Proposed Single Family Subdivision) East of site Transitional Residential RUT (Rural Urban Transition Agriculture & Eagle (up to I unit/acre) & - Ada County designation) & Middle School Public/Semipublic PS (Public/Semipublic) West ofsite Transitional Residential R-E (Residential Estates) Single Family Residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: I. SITE DESIGN INFORMATION: Total Acreage of Site - 6.60-acres Total Number of Lots - 12 Residential - 7 Commercial - 0 Industrial - 0 Common - 5 Total Number of Units -7 Single-family - 7 Duplex - 0 Multi-family - 0 Total Acreage of Any Out Lots - 0 Page 2 of 12 K:\P1anning Dept\Eagle Applications\Dr\2007\DR-08-07land drfdoc ADDITIONAL SITE PROPOSED REQUIRED DATA Dwelling Units Per Gross 1.82 dwelling units per acre 1.82- dwelling units per acre (maximum) as Acre conditioned in subdivision development agreement Minimum Lot Size 11,932-square feet 11,932- square feet per development agreement Minimum Lot Width 75-feet (approx.) 75-feet Minimum Street Frontage 47-feet 35-feet Total Acreage of Common .66-acres .66 acres Area (measured as total landscaping of the entire site) Percent of Site as 12.73% (approximately) 10% Minimum (See Open Space section Common Area (measured below regarding additional open space as total landscaping of the requirements for increased density within entire site) PUDs) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Pump facility Height and Number of Stories of Proposed Buildings: If new pump facility is to be constructed it is to be of a low profile structure type with heavy landscape screening and colored in the earth tones to be approved by staff and one member of the Design Review Board. Gross Floor Area of Proposed Buildings: To be reviewed and approved by staff and one member ofthe Design Review Board. On and Off-Site Circulation: The pump facility, if constructed, will be adjacent to, and take access from, Timber Wolf Avenue. K. BUILDING DESIGN FEATURES: The applicant shall provide detailed elevations, including measurements, materials and color of the pump facility if/when constructed. The detailed elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat. L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are numerous trees located on the west and east sides of the project area that the applicant is proposing to retain. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install street trees along both sides of the road and at Page 3 of 12 K:\Plannins DeptlEagle Applications\Dr\2007\DR-08-07land drfdoc the terminus of Timber Wolf Avenue. 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 subdivision street light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator 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 SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department had 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, along east and west property boundaries and at the proposed entrance to the project area. Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): N/A Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-08-07 land drfdoc 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: Eagle Fire Department W. LETTERS FROM THE PUBLIC: No letters from the public have been received to date. X. COMMENTS FROM CITY FORESTER: Memo from Julie Lafferty, date stamped by the City on February 20,2007, and incorporated into site specific conditions of approval. 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: . Provide a landscape plan showing berming, fencing, and planting details within required buffer and landscape strip areas within this development and the adjacent developments to the east and west of this site for review and approval by the Design Review Board prior to the submittal of a final plat; . The applicant shall submit a design review application and landscape plan showing trees, landscaping, berming, proposed signage, and planting details within the required buffer and landscape strip areas within this development and the adjacent developments to the east and west of this site any proposed signage and fencing for review and approval by the Design Review Board prior to the submittal of a final plat application; . 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 the street within this development. 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% 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. Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-Os.o7 land drfdoc C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 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 C I of this section. . Eagle City Code Section 8-2A-7(5) Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following: a) Lawn, either seed or sod. b) A minimum of one deciduous shade tree per one thousand (I ,000) square feet. . Eagle City Code Section 8-2A-7(J)(6) Design Considerations for Residential Developments: a) For design flexibility, half the required shade trees may be substituted on a two to one (2:1) basis with ornamental and evergreen trees. b) Buffer areas should include a variety of species, arranged to create varied and attractive views. Fences, walls, and berms may be used. Height changes, offset angles, different materials, and other design techniques are required so as to create variety. D. DISCUSSION: . The applicant is proposing to construct a l2-lot (7-residentiallots and 5-common lots) residential subdivision. The applicant is proposing to remove all existing structures from the site with the exception of the existing residence which will be incorporated into a lot within the subdivision (Lot 5, Block 2). With regard to the existing trees along the east and western boundaries of the project, the landscape plan date stamped by the City on February 7,2007, indicates that all the trees are to remain. The City Forester only provided a value of sixteen (16) of the trees located within the project area because they fall within the estimated area where trees were noted on the landscape plan to be removed. The City Forester did not value the remaining trees because they are to be retained in place. This should not be construed to mean that the trees have no value. · The project area is located between two existing subdivisions, Timberland to the West and Countryside to the East, and will provide a through-connection of West Skywood Drive. The landscape plan details four (4) landscape islands on all four comers of the intersection of West Skywood Drive and North Timber Wolf Avenue. . The City Forester has provided comment regarding the use of alternative tree species within the open space common areas. The Forester recommends the use of Class III trees with broad rounded canopies; suggested tree species are Burr Oak, Scarlet Oak, Sycamore, American Yellowwood, and Japanese Pagodatree. These types of trees provide more shade and canopy coverage. The use of larger trees whenever possible contributes more to the urban canopy than the continued use of small trees that add much less in terms of canopy coverage. The Forester also mentioned the placement of the new street trees located between property boundaries to avoid questions of financial responsibility should something happen to any of the trees within the development. It might be prudent to clearly place them where there is no confusion as to who owns the tree. Page 6 of 12 K:\Plarming Dept\Eagle Applk:ations\Dr\200'T\DR.OS-07Iand drfdoc . Staff defers comment regarding the Foresters suggestions 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 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 (McCullough, MacDonald absent) to approve DR-OS-07 for a design review application of the common area landscaping within Countryland Subdivision for JLJ Enterprises, Inc, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike through 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 the preliminary plat application (PP-18-06). 2. Provide a license agreement from ACHD allowing the installation oflandscaping located within the public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the s\:lllmiual signing of a final plat. 3. Landscaping of said rights-of -way to be reviewed and approved by City staff prior to City Clerk signing of the final plat. 4. All utility poles providing service to the existing structures on the site shall be removed. 5. All overhead power lines providing service to the existing structures shall be located underground prior to the issuance of any building permits for this site. 6. A plan showing construction fencing around the existing trees (a minimum of 10-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. Previae a FeyiseEi Jlrelimiaary plat llIIalWlase!iJle Jllan sRewiag Let 3, Bisel, 2 EieveleJlea with a meanEiermg Jleaestrillll Jlathway a miaim\:lm ef six feet (6') WId aeeess to the State Skeet eerriaer. Aa easemeat IlIIE11er aeaieatea Jlathway she\:llEille EieveleJlea aleag the ?/e5t siae efthe sllbEii'/isioa Iletweea Lets I llIIa 2 ef Bleek 2. Feaeiag aloag the pathway sllEl\:llEille limitea te fe\:lr feet (1 ') ia ItetgRt ll. Pre'liae Eietailea elevatiea Jlllllls sRO'.viag the materials anaeeleFS te Ile \:IseEi ia the eeastruetioa of IlIIY JlreJlaseEi irrigatien Jl\:lmp hOlolSe. The aetaileEi elevatiea JllIlllS, materials, llIIa eolo[5 shall be reviewea Wla 8flJlRlveally staff ana tV/e (2) members shhe Desiga Re'liew Boara prier te the slIllmiual af a fiaal Jllat ;\ll gre\:laame\:lateEi transformers, sable, WlEi Jlheae Ilaxes shalllle ssreeaea by lanaseapiag Jler Eagle City Ceae. Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-08-07Iand dffdoc 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 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 Submit $400.00 to the City, at the time of building permit submittal, for the Engineering drainage review for the club house. II. Provide details of curb and gutter to be reviewed by staff and one member of the Design Review Board prior to the signing of the final plat.. 12. Provide details on drainage to be approved bv staff and one member of the Design Review Board prior to signing the final plat. 13. The applicant shall work with the Ada County Highwav District to provide traffic calming measures to mitigate the impact ofthrough traffic within the adiacent developments. Written recommendations from the Ada County Highway District shall be submitted to the City prior to the City Clerk signing the final plat. Traffic calming measures shall be installed prior to the City accepting building permits within this development. 14. The applicant shall install at the entrances from Timberland Subdivision and Countryside Estates (west Skywood Drive) a 4'x4' plvwood or other hard surface signs (mounted on two 4"x4" posts with the bottom of sign 3-feet above ground) noticing the contractors this is not a construction entrance. Please use access road on State Street. A similar sign shall be installed on State Street at the access road noticing contractors to use the access road to access the development. clean up dailv. no loud music and no dogs off leash. 15. If new pump facility is needed. provide detailed elevation plans showing the material and colors to be used in the construction of anv proposed irrigation pump facility. The detailed elevation plans. materials and colors shall be reviewed and approved by staff and two members of the Design Review Board prior to submittal of a final plat. 16. Provide a revised landscape plan incorporating the City Forester's concerns stated in a letter dated February 20.2007. the revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a final plat application. 17. Provide revised elevation plans of the picnic shelter canopy showing a more architecturallv pleasing and substantial building design. The revised elevation plans shall be reviewed and approved bv staff and one member of the Design Review Board prior to submittal of the 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. 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. Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-08-07 land drfdoc 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 ofthe construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. II. The parking area shall be paved and shall be maintained in good condition without holes and free of all Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-08-07land drfdoc 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 Council or 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 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, Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-08-07 land drf.doc 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 oflandscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: I. 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 15, 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-08-07) 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 (Residential- 2 units per acre with development agreement) zoning district. 5. The Design Review Board recognizes that in the course of development, it becomes unreasonable at times to require the caliper replacement of certain trees that have become established in recognized rights of wav or in locations that will serve as connecting points to existing roadways throughout the City of Eagle. Therefore, the Design Review Board recommends to the Council that the applicant should not have to replace the caliper inches in trees where the ACHD streets will be connected. Page 11 of12 K:\Plarming Dept\Eagle Applications\Dr\2007\DR-OB-071and drfdoc DATED this 22nd day of March 2007. ATTEST: -~~~ Sharon . Bergmann, Eagle City Cle ,,,,,''''',,,.. .......... 0 F B-1 ..... ...... ..<\ 'i......... O( '" .."',.~.. ....i\.... ~ "'.. \,OR-1 ...~~. ':. : I ofl.. )>~. ~ : . (i ..... t : : * : -.... ; * : . : ;. \"1-SEAL~:: -:. .. (' '. 0 ':. \J\. . 0",,. ~t.9..X' # "" -. OR....... . " -1 ....... ~ . '" 'I'e OF \~ .... "I, ", ""'1111"" Page 12 of 12 K:\PIanning Dept\Eagle Applications\Dr\2.007\DR-08-07 land drf,doc