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Findings - DR - 2007 - DR-49-07 - Common Area Landscaping In Catalpa Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR THE COMMON AREA ) LANDSCAPING WITHIN CATALPA SUBDIVISION ) FOR WEST WIND INVESTMENTS, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-49-07 The above-entitled design review application came before the Eagle Design Review Board for their action on August 9, 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: West Wind Investments, represented by Penelope Riley with Treasure Valley Engineers, is requesting design review approval for the common area landscaping within Catalpa Subdivision. The 17.90-acre site is located on the east side of North Meridian Road between Beacon Light and Floating Feather Road at 2650 North Meridian Road. B. APPLICA TION SUBMITTAL: The City of Eagle received the application for this item on July 5, 2007. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 16, 2007, 10 accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2007, the Eagle City Council approved an annexation and rezone with development agreement (A-I7-06/RZ-23-06). On May 8, 2007, the Eagle City Council approved a preliminary plat for Catalpa Subdivision (PP- 05-07). E. COMPANION APPLICATIONS: DR-SO-07 (design review monument sign application). Page 1 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates RUT (Rural Urban Transition- Single Family Dwelling & Ada County Designation) Agricultural Uses Proposed No Change R-E-DA (Residential Estates Single Family Dwelling with a Development Agreement) (Catalpa Subdivision) North of Residential Two (2 units RUT (Rural Urban Transition- Single Family (Scotch site per acre maximum) and Ada County Designation) Subdivision) Residential Estates South of Residential Two (2 units RUT (Rural Urban Transition- Single Family Dwelling & site per acre maximum) and Ada County Designation) Agricultural Uses Residential Estates East of Residential Estates RUT (Rural Urban Transition- Single Family Dwelling & site Ada County Designation) Agricultural Uses West of Residential Estates RUT (Residential Urban Residential site Transition- Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The property is currently being used as farmland. One residential structure and one barn currently exist and will remain on the northwest section of the property . Page 2 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drf.doc I. SITE DESIGN INFORMATION (LANDSCAPING ONLY): ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.48 dwelling units per acre I-unit per two acres (maximum) Minimum Lot Size 1.83 - acres (79,766-sq. ft.) 1.8-acres (minimum) Minimum Lot Width 100- feet (approx.) 223-feet (minimum) Minimum Street Frontage 35-feet 35-feet (minimum) Total Acreage of Common Area 0.06-acres (the R-E zone is exempt (measured as total landscaping of the from minimum open space entire site) requirements) Percent of Site as Common Area 0.3% (approximately) (see above) (measured as total landscaping of the entire site) J. GENERAL SITE DESIGN FEATURES: Greenbelt /Pathway Areas and Landscape Screening: The preliminary plat date stamped by the City on February 7, 2007, shows a thirty-five foot (35') wide landscaped buffer area between North Meridian Road and a portion of the property. The buffer area extends along North Meridian Road from North Chester Place Drive to the north lot line boundary of Lot 1, Block 1. The preliminary plat does not show a landscaped buffer area between Lot 2, Block 1, and the adjacent North Meridian Road. Open Space: The preliminary plat date stamped by the City on February 7, 2007, shows a 7,1 75-square foot landscaped buffer area adjacent to North Meridian Road. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: The preliminary plat shows two (2) fire hydrants located within the subdivision. The hydrants should be installed and approved as required by the Eagle Fire District. On-site Septic System (yes): The property has not been annexed into the Eagle Sewer District and remains outside of central sewer service boundaries. All homes will be constructed with street side sewer Page 3 of 12 K\Planning DeptlEagle Applications\Dr\2007\DR-49.07 Catalpa Sub land drfdoc stubs and will connect to central sewer as it becomes available. Preservation of Existing Natural Features: Eagle City Code Section 9-3-S (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The Boise River and the Ballantyne Ditch are located within the southern portion of this site and mature trees are located adjacent to the river and ditch. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. BUILDING DESIGN FEATURES: N/ A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: Existing trees are located at the northwest portion of the development (Lot 2, Block 1) and are proposed to remain. Tree Replacement Calculations: Attached within the staff report 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 the proposed internal 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: A site and parking lot 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 (DR-50-07) has been submitted for the approval of a monument sign for this development. The sign application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. Q. PUBLIC SERVICES A V AILABLE: The letter from the Eagle Sewer District states that the District has not annexed this property and that the applicant will need to submit a petition for annexation. United Water Company has stated in a letter to the City that this site is serviceable. The site is within the service area of the Eagle Fire Department. Page 4 of 12 K\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drf.doc 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 - no 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): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Central District Health W. LETTERS FROM THE PUBLIC: None received to date. X. CITY FORESTER COMMENTS: Comments from the City Forester are included within 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 Estates, suitable primarily for single family residential development on acreages that 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 2 acres. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(C) Existing Vegetation: 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: Page 5 of 12 K\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drfdoc IExisting Tree IIReplacement I 11 inch to 6 inches caliper 112x caliper of tree removed I 16 1/4 inches to 12 inches III.Sx caliper of tree removed I 112 1/4 inches or more 111 x caliper of tree removed I 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. 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(F) 1. When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. See the table below: IRequired Number Of Trees I I Minimum Number Of Species I 111 - 20 112 I \21-30 113 I 13 1 - 40 114 I 141 + lis I . Eagle City Code Section 8-2A-7(J)(4)(a) 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 (S) 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 (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 (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. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . Eagle City Code Section 8-2A-7(0) Alternative Methods Of Compliance: Page 6 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drfdoc 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required bufferyard is larger than can be provided; and d. Safety considerations are involved. C. SUBDIVISION ORDINANCES WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-3-2-1 (G)(2) In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. . Eagle City Code Section 9-4-1-6(F)( 6) In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicyc1e symbols) on both edges of the all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. D. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The applicant shall provide a revised preliminary plat showing a minimum twenty five foot (25') wide landscaped buffer between North Meridian Road and Lot 2, Block 1, and complete an Alternate Method of Compliance application for the drain field section for review and approval by the Design Review Board prior to 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. Trees shall be placed at fifty foot (50') to seventy five foot (75') intervals at the front of each lot generally at each side property line and the drive aisles, or as approved by the Design Review Board. The trees shall be located between eight feet (S') and a maximum of twenty feet (20') from the edge of the roadway as recommended by the City Forester in collaboration with the applicant. 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 dwelling units. A temporary occupancy may be issued if weather does not permit landscaping. . The applicant shall submit a design review application showing: 1) proposed subdivision signage, Page 7 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR.49-07 Catalpa Sub land drf.doc 2) planting details within the proposed common areas throughout the subdivision 3) building elevations for the irrigation pump house, 4) landscape screening details of the irrigation pump house. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. E. DISCUSSION: . The applicant is requesting Design Review approval for the common area and roadside landscaping within Catalpa Subdivision. The 17.90-acre subdivision consists of twelve lots (nine residential, three common) within an R-E (Residential Estates) zoning designation. . At the discretion of the City Council, the R-E (Residential Estates) zoning designation allows for striped pedestrian walkways instead of separated sidewalks. During the preliminary plat process the City Council approved this substitution with the stipulation that street trees will be placed at regular intervals along the internal road (see the above preliminary plat provisions which are of special concern regarding this proposal). Drainage swales will be located along each side of the internal road which will restrict the distance from the road that the trees will be planted. In a meeting with the City Forester it was determined that a fifteen foot (15') setback for the street trees from the edge of the swales would be sufficient enough to prevent root system interference with the swales. . North Meridian Road is classified as a local road by the 2025 Functional Street Classification System. This street classification does not require that subdivisions provide roadside buffering. However, the applicant has voluntarily provided a twenty five foot (25') buffer area to be located along Lot 1, Block 1. Within this common area the applicant will provide sod and alternating deciduous and evergreen trees, as well as a five foot (5') wide detached sidewalk. . The area within Lot 2, Block 1, adjacent to North Meridian Road contains a septic drain field which limits the amount and type of landscaping within the area. Though this is not considered common area for the subdivision the applicant has indicated that minimal landscaping including sod and shrubbery will be installed. Per conditions within the preliminary plat the applicant shall provide an alternate method of compliance form to the City for this area. . Staff defers comment regarding the City Forester's recommendation to the Design Review Board. . Staff defers comment regarding pump house building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on August 9, 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 (Wright absent) to approve DR-49-07 for a design review application for the common area landscaping within Catalpa Subdivision for West Wind Investments, LLC, with Page 8 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR.49-07 Catalpa Sub land drf.doc 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 all applicable requirements of the annexation, rezone application and development agreement for Catalpa Subdivision (A-I7-06/RZ-23-06). 2. Comply with all applicable requirements and conditions of the preliminary plat application for Catalpa Subdivision (PP-05-07). 3. 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. 4. Provide a license agreement from ACHD allowing the installation of landscaping located within the public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the submittal of a final plat. 5. All overhead power lines shall be located underground prior to the City issuing a certificate of occupancy for this site. 6. No signs are proposed with this application. A separate design review application (DR-50-07) has been submitted for the approval of a monument sign for this development. The monument sign shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 7. Provide a revised landscape plan showing the trees proposed for the buffer area adiacent to North Meridian Road to be planted twenty five feet (25') east of the existing power lines. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat application. 8. Provide material samples showing the colors on the pump house to match the proposed monument sign. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that Page 9 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-49.07 Catalpa Sub land drf.doc 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 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 perm its or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items Page 10 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drf.doc 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, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO 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 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. IS. 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. Staffmay 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. 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 Page 11 of 12 K\Planning Dept\Eagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drf doc occupancy ofthis 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 Design Review Board 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 July 5, 2007. 2. Requests for agencies' reviews were transmitted on July 16,2007, 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-49-07) 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-E-DA (Residential Estates with development agreement) zoning district. DA TED this 23Td day of August 2007. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Coun aho ATTEST: "",............ """ f EA G ###. .i' .ol,. O........l./i' ". ~ ^" ... ..... ~ .....l ~oRA 7'~.. ~ · u. o~ · ~ . : . \ : : : CJ .' . : : . 4/11 ,~: : :...,. c. -c ~ \J~I 0 : -;. ...~~ ~ P <c,Q.. ~ i ~. ..;OIlPO\l~\.. 'r' .: '. S'r ........ ,<:> ...... "'" -1 TE O~ ,...... "',".....',,,'" _~~ K ~~~AyY- Sharon . Bergmann, Eagle City lerk Page 12 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-49-07 Catalpa Sub land drfdoc