Findings - DR - 2007 - DR-137-06 - Common Area Landscaping In Cabra Creek Subdivision/241/499 N Linder Road
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN CABRA CREEK )
SUBDIVISION FOR DONALD AND TRICIA FLYNN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-137-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 22, 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:
Donald and Tricia Flynn, represented by Shawn Nickel with SLN Planning, Inc., are requesting
design review approval of the common area landscaping within Cabra Creek Subdivision. The site
is located on the west side of North Linder Road approximately 1400-feet north of State Highway
44 at 341 and 499 North Linder Road.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on December 6, 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 August 22, 2006, the Eagle City Council approved an annexation, rezone and preliminary plat
applications for Cabra Creek Subdivision (A-7 -06/RZ-7 -06/PP-7 -06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (2 units RR (Rural Residential-Ada Single Family Dwelling &
per acre maximum) County Designation) Pasture
Proposed Residential Two (2 units R-2-DA (Residential-2 units Single Family, Residential
per acre maximum) per acre with a development Subdivision
agreement)
North of site Residential Two (2 units RR (Rural Residential-Ada Single Family Dwelling
per acre maximum) County Designation)
South of site Residential Two (2 units RR (Rural Residential-Ada Single Family Dwelling
per acre maximum) County Designation)
East of site Residential Three (3 units R-2-DA (Residential-two Single family residential
per acre maximum) units per acre with a subdivision (Sedona
development agreement) Subdivision)
West ofsite Residential Two (2 units R-2-DA-P (Residential-two Single family residential
per acre maximum) units per acre planned unit subdivision (proposed
development with a Eaglefield P U D)
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing house and numerous trees located near
Linder Road.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 13.63 Acres
Total Number of Lots - 26
Residential - 23
Common - 3
Total Number of Units - 23
Single-family - 23
Existing - 0
Proposed - 23
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.69-units/acre 2-units per acre
maximum
Minimum Lot Size 17,00 I-square foot l7,000-square feet
Minimum Lot Width 95-feet (approximately) 75-feet
Minimum Street Frontage 59-feet 35-feet
Total Acreage of Common Lots 1.36-acres 1.36-acres (minimum)
Percent of Site as Common Area 10% 10% (minimum)
J. GENERAL SITE DESIGN FEATURES: N/A
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located around
the existing house located near North Linder Road. The applicant is proposing to retain the trees
located near the north property line. An entrance road is proposed to be constructed on the shared
property line of this property and the property to the south. There are five (5) trees that the
applicant is proposing to remove because they are located where the entrance road is to be
constructed.
Tree Replacement Calculations: The applicant is proposing to remove a 26 1,4" Crabapple tree
(valued at $19,400.00), a 9 3,4" Green Ash tree (valued at $2,250.00), an 18 Y2" Scotch Pine tree
(valued at $2,200.00), and a 31 Y2" Red Maple Tree (valued at $17,700.00). Based on Eagle City
Code with regard to tree caliper replacement, the applicant is required to replace 86 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 $41,550.00.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees along both sides of all roads within this
development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
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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. SIGNAGE:
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:
An 8-foot wide pathway is proposed to be constructed near the northwest portion of the
development providing pedestrian access to the development to the west of this subdivision
(Eaglefield Estates).
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - see City Foresters valuation
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 ENVmONMENTAL 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 Company
Division of Environmental Quality
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W. LETTERS FROM THE PUBLIC:
Memo and Tree Valuation from Julie Lafferty, City Forester, dated January 5, 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 designates this site as Residential Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Provide a revised preliminary plat showing an east/west pathway through the open space area and
adjacent to the northern boundary of the subdivision. The pathway located adjacent to the northern
boundary shall be reviewed by the Eagle Parks and Pathway Development Committee prior to
submitting application for Design Review approval.
. Provide a preliminary plat showing a typical street section of Linder Road with a five foot (5')
wide (minimum) separated concrete sidewalk within the 50-foot wide landscape buffer, prior to
submitting a Design Review application. The sidewalk shall be installed prior to the issuance of
any occupancy permits within the subdivision.
. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway within the 8-foot
wide landscape strip between the concrete sidewalk and back of 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 within the grass swales. 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,
prior to the commencement of any construction on the site.
. The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 50-foot wide buffer area along N. Linder Road for review and approval by the
Design Review Board, prior to submittal of the final plat. The berm and landscaping shall be
installed prior to the issuance of any occupancy permits within the subdivision.
. Extend the landscaping within the 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 submit a design review application with a landscape plan showing planting
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details, screening details, building elevations for an irrigation pump house or any type of irrigation
facilities, and other proposed amenities within all common lots for review and approval by the
Design Review Board prior to the submittal of a final plat. If proposed, a pump house shall be
located to comply with all required setbacks for the R-2 zoning district.
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 Reolacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches I.Sx caliper of tree removed
12 1/4 inches or more 1 x 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 C 1 of this section.
. 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 (SO') 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 (S) 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 (SO%) of the shade trees are substituted.
A minimum five foot (S') 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 (1') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
D. DISCUSSION:
. There are numerous trees located around the existing house located near North Linder Road. With
the exception of the trees located in the proposed roadway, the applicant is proposing to protect
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and retain all trees located within this development.
The applicant is proposing to remove a 2611.1" Crabapple tree (valued at $19,400.00), a 9 3,4" Green
Ash tree (valued at $2,250.00), an 18 W' Scotch Pine tree (valued at $2,200.00), and a 31 Y2" Red
Maple Tree (valued at $17,700.00). Based on Eagle City Code with regard to tree caliper
replacement, the applicant is required to replace 86 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 $41,550.00.
· The preliminary plat approval of this site required an east/west pathway to be constructed through
the open space area adjacent to the northern boundary of the subdivision. The pathway was to be
reviewed and approved by the Eagle Parks and Pathway Development Committee. On January 17,
2007, the applicant's representative submitted a pathway plan for this subdivision to the
Committee for review. The Eagle Parks and Pathway Development Committee approved the
location of the pathway to be on the north side of the street, continuing to the cul-de-sac, heading
to the northwest boundary between the two western lots near the northwest comer of the
development. The pathway along the street is to be constructed as a six foot (6') wide detached
concrete sidewalk. The pathway leading from the cul-de-sac to the north of the development
(approximately 140-linear feet) is to be constructed as an eight foot (8') wide asphalt pathway.
The remaining 100-linear feet of pathway located near the north boundary of the development
which leads to the west boundary of the site shall be constructed as a ten foot (10') wide
compacted gravel pathway so as to match that approved within Eaglefield Estates (adjacent to this
developments west boundary).
· Staff defers comment regarding the common area landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on February 22, 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 (Weber and Whittaker absent) to approve DR-137-06 for a design review
application of the common area landscaping within Cabra Creek Subdivision for Donald and
Tricia Flynn, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-07-06/RZ-07-06/PP-07-06 (Cabra Creek Subdivision).
2. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site.
3. Any existing trees that are damaged during the construction process shall be replaced with, new
healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester.
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4. Provide a revised landscape plan showing 86 caliper inches of tree replaced on this site or provide a
financial contribution to the City Tree Fund in the amount of $41,550.00. The revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board or the financial
contribution shall be submitted to the City prior to the City Clerk signing the final plat for this site.
5. Provide a revised landscape plan showing a six foot (6') wide detached concrete sidewalk on the north
side of the road. The revised landscape plan shall show the pathway leading from the cul-de-sac to the
north (approximately 140-linear feet) to be constructed as an eight foot (8') wide concrete pathway.
The remaining 100-linear feet of pathway located near the north boundary of the development which
leads to the west boundary of the site shall be constructed as a ten foot (10') wide compacted gravel
pathway so as to match that approved within Eaglefield Estates (adjacent to this developments west
boundary). The revised landscape plan shall be reviewed and approved by staff and one member of
the Design Review Board prior to the City accepting a final plat application for this site.
6. Individual lots located adjacent to any common area, pathway, or north boundary of this development
shall be required to use an open style fence. The applicant shall be required to provide a detailed cut
sheet showing the style, height, color, etc. of the open style fence to be used within this development.
The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City accepting a final plat application for this site.
7. 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
City Clerk signing the final plat.
8. Extend the landscaping within the 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.
9. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. 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.
12. Provide material samples and colors to be used in the six foot (6') culture stone wall located within the
berm along Linder Road. The material samples and colors shall be reviewed and approved by staff
and one member of the Design Review Board prior to the City Clerk signing the final plat for t his site.
13. Provide detailed cross sections of the proposed retention ponds showing depth. slope, width, etc. of
how the ponds are to be constructed. The ponds shall be broad and shallow to allow for a large play
area. The cross sections shall be reviewed and approved bv staff and one member of the Design
Review Board prior to the City Clerk signing the final plat for this site.
14. Provide a revised landscape plan showing how the grading and drainage of the water is to reach the
retention ponds. The revised landscape plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to the Citv Clerk signing the final plat.
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,
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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
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
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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 (Le.; 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 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
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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
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 December 6, 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-137-06) 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-2-DA (residential with development agreement) zoning district.
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DATED this Sth day of March 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
A~7/:;;h
Eric'R. McCullough, Chairman
ATTEST:
/~Q~~Q~~~~~~
Sharon K. Bergmann, Eagle City lerk
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