Findings - DR - 2008 - DR-43-08 - Common Area Streetscape Landscaping For Lakemoor Lifestyle Center
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR COMMON AREA
STREETSCAPE LANDSCAPING FOR THE
THE LAKEMOOR LIFESTYLE CENTER FOR
DMB INVESTMENTS AND B.W. EAGLE
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 14, 2008. 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
DMB Investments and B. W. Eagle, represented by Talena Dovel with The Land Group, are
requesting design review approval for landscaping within the common area streetscape within the
Lakemoor Lifestyle Center. The 2S-acre site is located on the east side of Eagle Road
approximately 1,600-feet north of Chin den Boulevard within Lakemoor Subdivision.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on July 3,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 8, 2008, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12, 2003, the City Council approved a Comprehensive Plan Amendment (CPA-4-02)
to change the land use designation on the Comprehensive Plan Land Use Map from Residential
Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-S-
02) from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement)
and a rezone from R-2 (Residential-up to two dwelling units per acre) to MU-DA (Mixed Use with
Development Agreement) for this site.
On October 18, 200S, the Eagle City Council approved a design review application for the
common area landscaping and clubhouse facility within Lakemoor Subdivision (DR-69-0S).
On June 19, 2007, the Eagle City Council approved a design review application for Retail and
Restaurant Facilities within the Shops at Lakemoor (DR-22-07).
Page 1 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43_08 Lakemoor Lifestyle Landscape drf.doc
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Subsequent to the Rural Residences &
approval of Ordinance #510) Pasture
Proposed No Change No Change Planned Community
consisting of Office,
Commercial, and
Residential
North of site Residential Two (up to RUT (Residential- Ada Proposed Laguna Pointe
two dwelling units per County designation)- CommerciallResidential
acre maximum) & Approved for R-E-DA-PIR-2- Subdivision
approved for Mixed Use DA-P/MU-DA
South of site Residential One (up to R-1 (Residential) Single-family residences
one dwelling units per
acre maximum)
East of site Not in Eagle Area of RUT (Residential- Ada Boise City Wastewater
Impact County designation) facility
West of site Residential Two (up to R-2 (Residential) & R-2-P Rural Residences &
two dwelling units per (Residential PUD) Banbury Meadows
acre maximum) Subdivision
F. COMPANION APPLICATIONS: None
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
H. SITE DATA:
Total Acreage of Site - 25-acres
Total Number of Lots - 25
Commercial - 4 (Retail/restaurant)
Common/Other - 21
Total Number of Residential Units - 0
Single-family - 0
Existing - 0
Proposed - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43_08 Lakemoor Lifestyle Landscape drfdoc
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre N/ A - RetaiVrestaurant N/A
Minimum Lot Size 21,864-square feet 7,000-square feet
Minimum Lot Width 148-feet (approximately) SO-feet
Minimum Street Frontage 124- feet 3S-feet
Total Acreage of Common Lots 10-acres (approximately) 2.S-acres (minimum)
Percent of Site as Common Area 3S% (approximately) 10% (minimum)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J) (4) (a) requires a minimum 3S-foot wide landscape buffer area
between urban or rural collectors and new residential developments. This is a design review
application for the internal streetscape landscaping. Greenbelt areas and screening are not
proposed with this application.
Open Space:
Will provide a total of 10% of common area, 10% minimum is required.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage plans.
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:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to be
preserved. If during excavation or development of the site, any historical artifacts are discovered,
state law requires immediate notification to the state.
J. BUILDING DESIGN FEATURES: N/A (Landscape plans only)
Page 3 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR_43_08 Lakemoor Lifestyle Landscape drf.doc
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: No trees are proposed to be removed with
this application.
Tree Replacement Calculations: No trees are proposed to be removed with this application.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed in accordance with Eagle City Code. The selected tree
species is discussed in the City Foresters letter dated July 8, 2008.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping: This application is for street trees only.
L. OUTDOOR LIGHTING:
A subdivision lighting plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
M. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
N. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have 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.
O. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULA nON:
Per Eagle City Code section 9-3-3, right-of- way for pedestrian walkways in the middle of
long blocks may be required where necessary to obtain convenient pedestrian circulation
to schools, parks or shopping areas.
P. PUBLIC USES PROPOSED: None
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
R. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Yes - Thurman Mill Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Page 4 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR_43_08 Lakemoor Lifestyle Landscape drfdoc
Unstable Soils - unknown
Wildlife Habitat - unknown
S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Central District Health
Eagle Fire Department
Settlers Irrigation District
U. LETTERS FROM THE PUBLIC: None received to date.
V. CITY FORESTER COMMENTS: See memo from City Forester dated July 8, 2008 (included
herein)
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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)
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
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
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.
· Eagle City Code Section 8-2A-7(D)(2)
Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted
within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent
sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground
covers planted within the vision triangle shall not exceed three feet (3') height at maturity. The
boundaries of the vision triangle are defined by measuring from the intersection of the edges
of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2)
points with a straight line. The sight distance obstruction is also applicable to railroad-highway
Page 5 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43_08 Lakemoor Lifestyle Landscape drf.doc
grade crossings with the vision triangle defined by measuring forty feet (40') along the railroad
property line. In all cases, ITD and ACHD standards shall apply also.
· Eagle City Code Section 8-2A-7(E)
4. The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled and
burlapped.
S. The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled
and burlapped.
· Eagle City Code Section 8-4-4-2(A)
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing
the light bulb is to be exposed as a design element of the light fixture (such as is shown in
chapter 2. article A, exhibit A-9 of this title) are approved, shielding shall only be required so
the light is not directly visible by a person of average height standing on the property line of
any residentially zoned parcel of land or parcel of land used for residential purposes. The light
used shall be ISO watt high pressure sodium and the light fixture shall be provided with optics
to direct light downward.
S. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty five feet (2S') for parking lots with more than two hundred (200) spaces but less
than five hundred (SOO) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (SOO) spaces;
d. Fifteen feet (1S') for any pole within fifty feet (SO') of a property line of any
residentially zoned parcel of land or parcel of land used for residential purposes.
6. Except as may be noted within this subsection A, low pressure sodium lights, or 2S0 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of 320 watts.
b. The light fixture shall be no higher than seventeen feet (17').
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(I) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of chapter 2. article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
Page 6 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR_43_08 Lakemoor Lifestyle Landscape drfdoc
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (such as is shown in chapter
2. article A, exhibit A-9 of this title) shall not be permitted to have metal halide lighting.
C. DISCUSSION:
· The applicant has submitted a design review application for landscaping within the internal
streetscape of the Lakemore Lifestyle Center, a proposed commercial retail/restaurant shopping
center located in the Lakemoor Subdivision. Any buildings or other common area landscaping not
included within the parameters of this application or landscaping proposed for future parking lots
will require a separate design review application.
· The City Forester comments dated July 8, 200S, regarding this application are included herein.
The comments generally address concern over the health of the trees during planting and question
the appropriateness of the species selected for use as street trees. This application does not
propose to remove any existing trees, so a valuation from the City Forester is not included. Staff
defers further comment concerning the City Foresters letter 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 14, 2008, 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 S to 0 (Butler and Grubb absent) to approve DR-43-0S for a design review
application for common area streetscape landscaping for DMB Investments/B. W. Eagle, with the
following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-3-02/RZ-S-02/PP-3-0S and DR-69-0S (Lakemoor
Subdivision).
2. Comply with any applicable conditions ofDR-22-07 (Lifestyle Center commercial buildings).
3. The clubhouse facility shall comply with all requirements of the modified development agreement
(RZ-S-02 MOD).
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 prior to the submittal of a final plat.
S. Comply with all applicable conditions within the letter from the Settlers Irrigation District date
stamped by the City on July IS, 200S.
6. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Page 7 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43-08 Lakemoor Lifestyle Landscape drfdoc
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.
7. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
8. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester.
9. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of
the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. Cups or dams shall be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place
within the drip line of the trees.
10. Provide detailed elevation plans showing the material and colors to be used in the construction of any
proposed irrigation pump house. The detailed elevation plans, materials, and colors shall be reviewed
and approved by staff and two members of the Design Review Board prior to the submittal of a final
plat.
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.
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 perm its
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
Page 8 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43-08 Lakemoor Lifestyle Landscape drfdoc
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 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,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,SOO gallons per minute for non-residential uses (Le.; Commercial,
Page 9 of 11
K:\Planning DeptlEagle AppJicationslDr\2008IDR-43-08 Lakemoor Lifestyle Landscape drfdoc
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.
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. 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
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.
Page 10 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43-08 Lakemoor Lifestyle Landscape drfdoc
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 3,2008.
2. Requests for agencies' reviews were transmitted on July 8, 2008, 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-43-08) 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 MU-DA (mixed use with development agreement) zoning district.
DA TED this 28th day of August 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co nty, da
ATTEST:
..........",
"...... u~E ...#.##.
".... ......t" .......... .. #~
.:~v.. 'tE .. '='
I 0 l ~'" ......0 '\
.. , 0 co.. ... .
: "- 4. , .............;
. "... ~ Q. < .
~. Q( · - Ill. ·
.... 0 , b:- ,..: Q :
V u iY ~..,.'<r.tr~ $
-J f(V. ~ ~
I NCO~... 0 _-
~..... ~. .--
,'1' ,.1..
:"'~ll,., '
Page 11 of 11
K:\Planning DeptlEagle ApplicationslDr\2008IDR-43-08 Lakemoor Lifestyle Landscape drf.doc