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Findings - DR - 2007 - DR-72-07 - Common Area Landscaping In Vigne D'aquila Subdivision ORIGINAL BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW OF A COMMON AREA) LANDSCAPING WITHIN VIGNE D' AQUILA ) SUBDIVISION FOR AQUILA LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-72-07 The above-entitled design review application came before the Eagle Design Review Board for their action on November 8. 2007, and made their decision at that time. 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: PROJECT SUMMARY: Aquila LLC. represented by Doug Russell with the Land Group, Inc., is requesting design review approval of the common area landscaping within the Vigne d' Aquila Subdivision. The 26.22-acre site is generally located on the northeast corner of North Ballantyne Road and West Beacon Light Road at 1964 West Beacon Light Road. A. APPLICA nON SUBMITTAL: The City of Eagle received the application for this item on September 27,2007. B. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 15. 2007, in accordance with the requirements of the Eagle City Code. D. mSTORY OF RELEVANT PREVIOUS ACTIONS: On June 19, 2007. the Eagle City Council adopted Resolution No. 07-14, recognizing the Eagle Wine District Overlay (EWD) located within the Western Snake River Plain Viticultural District. This property is located within the EWD Overlay District. On September 11, 2007, the Eagle City Council approved an annexation and rezone with a development agreement from RUT to A-R-DA and combined preliminary/final plat for Vigne d' Aquila Subdivision (A-II-07/RZ-14-07 and PP/FP-OI-07). E. COMPANION APPLICA nONS: None Page 1 of 14 K:\PIanning Dept\Eagle AppticationslDrl2007IDR-72-071and drf.doc F. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNAnONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Rural Residential (up to RUT (Rural Urban Transition One (1) single-family home one dwelling unit per five - Ada County designation) and accessory structures. acres) Proposed No Change A-R-DA (Agricultural Residential Subdivision Residential with a consisting of five (5) lots development agreement) North of site Rural Residential (up to RUT (Rural Urban Transition One (1) single-family one dwelling unit per five - Ada County designation) home, accessory structures acres) and pasture South of site Residential Estates (up to R-E (Residential Estates - up Three (3) single-family one dwelling unit per two to one unit per two acres) and homes and accessory acres) RUT (Residential- Ada structures County designation) East of site Rural Residential (up to RUT (Rural Urban Transition One (1) single-family one dwelling unit per five - Ada County designation) residence, accessory acres) structures and pasture West of site Rural Residential (up to RUT (Residential- Ada Two (2) single-family one dwelling unit per five County designation) homes within Buckhorn acres) Estates Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISnCS: The property is open farmland with a mobile home, farmhouse, storage structures and equipment yard. I. SITE DESIGN INFORMAnON: Total Acreage of Site - 26.22 +/- acres Total Acreage of Area to be Developed - 6.03 +/. acres for proposed homes and associated improvements. 77% will be landscaped or farmed as a wine vineyard. Total Acreage of Area to be Donated to the City - N/A TotaINwnb~ofLots-5 Residential- 5 Commercial - 0 Industrial - 0 Common - 0 Total Number of Units - 5 Single-family - 5 Multi- family - 0 Page 2 of 14 K:\Planning Dept\Eagle ApplicationslOrl2007\DR-72-07 land dJfdoc Total Acreage of Any Out-Parcels - none Total Gross Square Footage of Commercial Buildings - N/A ADDmONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre . 19-units per acre I-unit per 5 acres (.20-units per acre maximum) Minimum Lot Size 5. 15-acres (224,368 sq. ft.) 4.70-acres (204,732 sq. ft.) Minimum Lot Width 190- feet (approx.) 1 00- feet Minimum Street Frontage 165.24- feet 35-feet Total Acreage of Common Area 3-acres (127,500 sq. ft. Buffer Not required in the A-R (comprised of buffer areas only) Area) zoning district Percent of Site as Common Area 11% Not required in the A-R (comprised of buffer areas only) zoning district J. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing to install berm and landscape buffers adjacent to North Ballantyne Lane and West Beacon Light Road. However, as required by Eagle City Code 8-2A-7(J)(4), a minimum thirty-five-foot (35') wide by five foot (5') high buffer along North Ballantyne Lane and a fifty foot (50') wide by five foot (5') high buffer area along West Beacon Light Road is required. To address this, the applicant has submitted an Alternate Method of Compliance application (attached hereto) to request approval of the reduction of the required buffer area height and width requirements due to the unique use of the land as wine grape vineyards. Since no homes will be located adjacent to any major roadways (only vineyards), the applicant is requesting to reduce the buffer area dimensions along North Ballantyne Lane to thirty seven feet (37') and to twenty five feet (25') along West Beacon Light Road. Open Space: Open space is not required within the A-R zoning district. Buffer areas are proposed as noted above. 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: The site will be accessed form North Ballantyne Lane. K. BUILDING DESIGN FEATURES: N/A Page 3 of 14 K:\PllII1IIing DeptlEagle ApplicationslDrl2007IDR-72-07 land drfdoc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located in the southernmost lot as well as along the south property line. There are also some existing trees located in northeast corner of the project area. The applicant intends on retaining and preserving these trees. Tree Replacement Calculations: With the exception of the existing trees located in the southern part of the project area, the site is relatively lacking in trees. As noted in the attached memo, dated October 9, 2007, the City Forester recommends planting shade class trees along West Beacon Light Road and North Ballan1)ne Lane to enhance the view corridor as well as add to the aesthetic value of the Eagle Wine District area. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The landscape plan, date stamped by the City on September 27,2007, shows ten (10) ornamental flowering trees and sixteen (16) coniferous trees to be placed within the three-foot- high and thirty seven (37')-feet wide landscape berm area adjacent to North Ballan1)ne Lane and seven (7) ornamental flowering trees and three (3) coniferous trees within the three (3 ')-foot high by twenty five (25')- feet wide landscape berm area along West Beacon Light Road. 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: N/A P. SIGNAGE: No signs are proposed with this application. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District have been received by the City. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUlSInONS MAP: No map currently exists Page 4 of 14 K:\Plaming Dept\Eagle Applicotions\Drl2007IDR-72-071and drfdoc T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - No Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees - Yes - adjacent to the existing structures and along Farmers Union Canal Riparian Vegetation - Yes, in proximity to the pond in the southern portion of the site Steep Slopes - No Stream/Creek - Farmers Union Canal Unique Animal Life - No Unique Plant Life - Unknown Unstable Soils - No Wildlife Habitat - No Historical Sites - No U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Central District Health Chevron Pipeline Eagle Fire Department Eagle Sewer District W. LETTERS FROM THE PUBLIC: None received to date. X. COMMENTS FROM THE CITY FORESTER: Memo from Julie Lafferty, dated October 9,2007, is attached to this report and is incorporated herein by reference. STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as: Rural Residential Suitable primarily for single family residential development on large acreages which may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. Maximum density of up to 1 unit per 5 acres. Page 5 of 14 K:\P1anning Dept\Eagle AppIicalionslDrl2007IDR-72-07 land drf.doc B. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . All utility poles providing service to the existing structures on the site shall be removed, prior to the issuance of any building permits for the site. All utility service lines serving existing structures and the building lots shall be placed underground; . Lot 1 and Lot 2, Block 1, shall share a common driveway; . Lot 3 and Lot 4, Block 1, shall share a common driveway; . The applicant shall submit a design review and alternative method of compliance applications for the required landscape/screening buffers adjacent to North Ballantyne Lane and West Beacon Light Road, an eight foot (S') wide pathway adjacent to North Ballantyne Lane and West Beacon Light Road, fencing (if proposed), and pumphouses (if proposed). The design review application shall be reviewed and approved by the Design Review Board and City Council prior to issuance of building permits for the project; . Provide one (1) street light at the entrance to each of the common driveways. The street lights shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The applicant shall submit the exact location and cut sheets showing the street light details for review and approval by the Zoning Administrator prior to the City Clerk signing the 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 developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along North Ballantyne Lane and West Beacon Light Road within this development. Prior to the issuance of building permits 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 that do not encroach upon the buildable area of 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 private lots in relation to the building sites (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to submittal of a fmal plat; . Then applicant shall provide a license agreement from ACHD approving the landscaping located within the public right-of-way abutting and within this site, prior to the City Clerk signing the fmal plat; and . Extend the landscaping within the buffer area along Ballantyne Lane and Beacon Light 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. Page 6 of 14 KIPIanning Dept\Eagle ApplicationslDrl2007IDR-72-071and drf.doc C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code, Section 8-2A-7 (J)( 4 Xa): Buffer Areas/Common Lots a. Any road designated as an urban or rural collector on the Ada County long range highway and street map: A minimum of thirty five feet (35') 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: four (4) shade trees, five (5) evergreen 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 (l ') 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. . 8-2A-7 (C): Landscaped and Buffer Area Requirements: Existing Vegetation: 1. 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 l.5x caliper of tree removed 12 1/4 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. Page 7 of 14 K:\Planning Dept\Eag1e AppticationslDrl2007IDR-72-07Iand drfdoc 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 excayation 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. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. C. DISCUSSION: . On June 19,2007, the Eagle City Council adopted Resolution No. 07-14, recognizing the Eagle Wine District Overlay (EWD). The proposed Vigne d' Aquila Subdivision is located within the EWD overlay. The applicant is proposing a five (5) lot subdivision with the western two-thirds (2/3) of each lot adjacent to North Ballant)me Lane to be planted in wine grape vineyards. . The landscape plan, date stamped by the City on September 27,2007, shows an eight foot (S') wide asphalt pathway located along West Beacon Light Road and North Ballant)me Lane outside of the right-of-way and adjacent to a three foot (3') high berm contained within the subdivision. The berm is shown with a 3: 1 slope planted with ornamental and coniferous trees and seeded with a dryland grass seed mix._The landscape plan shows...... .along North BaIlant)me Lane. Since Beacon Light Road is designated as a Minor Arterial in the 2007 Eagle Comprehensive Plan, a minimum fifty foot (50') wide by five foot (5') high berm is required and since North Ballant)me Lane is designated as a Urban Collector within the 2007 Eagle Comprehensive Plan, a thirty five foot (35') wide by five foot (5') high berm is required. To address this, the applicant has submitted an Alternat~ Method of Compliance application (attached hereto) to request approval of the reduction of the required buffer area height and width requirements due to the unique use of the land as wine grape vineyards~ Although a percentage of open space is not within the A-R zoning district, the applicant is proposing approximately 3 acres of landscape buffering. The landscape plan shows approximately .S acres oflandscape buffering adjacent to West Beacon Light Road and approximately 2.2 acres oflandscape buffering adjacent to North Ballant)me Lane. The percentage of the property set aside for buffer areas is approximately 11 % of the total project area. Since no homes will be located adjacent to any major roadways (only vineyards), staff recommends approval of the Alternate Method of Compliance application as presented. However, to enhance the roadway corridors within the Eagle Wine District Overlay area and to help mitigate any negative effects from the removal of existing trees along the Beacon Light Corridor in the future (as noted below), staff recommends the applicant submit a revised landscape plan showing the addition of shade class trees within the buffer areas as recommended by the City Forester for review and approval by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. Page 8 of14 K:\PIanning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drf.doc As noted above, the portion of West Beacon Light Road in proximity to this site is currently enveloped by mature trees on both the north and south sides of the road. People who frequently drive through the area and live in the yicinity are accustomed to having Beacon Light Road defined and buffered by trees. Removal of the existing trees within the corridor (upon the future expansion of Beacon Light Road) may likely result in a negative reaction from the residents and visitors of the area. Since ACHD may be widening the road in the future, the existing mature tree canopy may eventually be removed. Planting a secondary tree corridor at this time (i.e. planting shade class trees within the buffer areas) and allowing the trees to become established may help to alleviate some of the negative effects stemming from the removal of the existing mature trees at that time. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on November 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 4 to 0 (Grubb, Barnes and Butler absent) to approve DR-72-07 for a design review application of the Common Area Landscaping within Vigne d' Aquila Subdivision for Aquila LLC, 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 CONDmONS OF APPROVAL: 1. Comply with any applicable conditions of A-I 1-07 /RZ-14-07 and PP/FP-O 1-07 (Vigne d' Aquila Subdivision). 2. The applicant shall obtain a license agreement from ACHD to allow the right-of-way between this property and the edge of pavement along West Beacon Light Road and North Ballantyne Lane to be landscaped prior to the issuance of any building permits. 3. Construct an 8-foot wide (minimum) meandering asphalt pathway along Ballantyne Road abutting the site prior to the issuance of any building permits. 4. Extend the landscaping within the buffer area along North Ballantyne Lane and West Beacon Light 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. 5. Provide a revised fmal plat showing a -foot wide landscape easement along North Ballantyne Lane and a -foot wide easement along West Beacon Light Road abutting this site. 6. Place a note on the final plat which states that the -foot wide easement abutting Road and the - foot wide easement abutting Road are to be maintained by the homeowner's association. Provide a statement in the CC&R's that one homeowners association in perpetuity shall maintain the all landscaping within the easements. The CC&R's shall be reviewed and approved by the City prior to the City Clerk signing the fmal plat. Page 9 of 14 K:\Planning DeptlEagle ApplicationslDrl2007IDR-72-071and drfdoe 7. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior to the sale of the fIrst lot. The applicant shall provide the City a copy of the recorded CC&R's prior to the issuance of any building permits. 8. All utilities servicing the site shall be located underground prior to the issuance of any building permits for this site. 9. A plan showing construction fencing around the existing trees to be retained (a minimum of IO-feet from the trunk ofthe 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. 10. All existing trees shall be preserved, unless otherwise determined by the City Forester. 11. Provide a revised landscape plan showing the addition of shade class trees (spaced a minimum of35- feet on center) within the buffer areas along North Ballantyne Lane and West Beacon Light Road. The trees shall be located outside of the future right-of-way. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the fmal plat. 12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 13. 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. 14. Submit payment for all engineering fees incurred for reviewing this project prior to the City Clerk signing the final plat. 15. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. STANDARD CONDmONS 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. Page 10 of 14 K:\Planning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc 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 (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. Page 11 of 14 K:\Planning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 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. Page 12 of 14 K:\PIanning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc 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 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: 1. The application for this item was received by the City of Eagle on September 27,2007. 2. Requests for agencies' reviews were transmitted on October 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-72-07) 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 A-R-DA (Agricultural Residential with a development agreement) zoning district. Page 13 of 14 K:\Planning Dept\Eagle ApplicationslDrl2007IDR-72-07 land drfdoc DATED this Sth day of November 2007. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada CO~IdahO ATTEST: ..,..........., , ........ ~""GLS..... .... OX ........ '. ...... e. $ ~" ofi.^ TS ..... ~[..,: ~ . ':. -....<1;- .. : C,): 0 , ;::\ : . . U ,. '\..0-. 0 .. : \ ~Y-::r:: . . c:,GP L~. :' . . .Y ,.......... __. e. .. ~...... ...... -- .. "'CoRfO~e. -$J " ~ ........:'(..... "" Sl'ATl:. 0 ...... '" ..... .,'.......... Page 14 of 14 K:\Planning Dept\Eagle AppticationslDrl2007IDR-72-07Iand drf.doc