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Findings - DR - 2008 - DR-65-08 - Common Area Landscaping In Adoni Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR THE COMMON AREA ) LANDSCAPING WITHIN ADONAI SUBDMSION ) FOR DWAYNE AND STACIE LINGEL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-65-08 The above-entitled design review application came before the Eagle Design Review Board for their action on November 13, 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; FINDINGS OF FACT: A. PROJECT SUMMARY: Dwayne and Stacie Lingel, represented by Talena Dovel with The Land Group, Inc, are requesting design review approval for the common area landscaping within Adonai Subdivision. The 5.70-acre site is located on the east side of Park Lane Road approximately 1,200-feet south of Beacon Light Road at 2440 North Park Lane. B. APPLICA TION SUBMITTAL: The City of Eagle received the application for this item on October 9, 200S. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 15, 200S, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 26, 2007, the City Council approved annexation, rezone and preliminary plat applications for Adonai Subdivision for Dwayne Lingel (A-01-07, RZ-01-07 & PP-01-07). On June 26, 2008, the City Council approved an application for a rezone modification for Dwayne Lingel (RZ-01-07 MOD). E. COMPANION APPLICATIONS: DR-66-08 (design review application for a monument sign for Adonai Subdivision) Page 1 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING DESIGNATION DESIGNATION Existing Existing Residential Two (Two units RUT (Rural Urban per acre maximum) Transition - Ada County designation) Proposed Proposed No Change R-2-DA (Up to two units per acre) North of site North of site Residential Two (Two units RUT (Rural Urban per acre maximum) Transition - Ada County designation) South of site South of site Residential Two (Two units R1 (Residential, up to one per acre maximum) unit per acre maximum - Ada County designation) East of site East of site Residential Two (Two units RUT (Rural Urban per acre maximum) Transition - Ada County designation) West of site West of site Residential Two (Two units R1 (Residential, up to one per acre maximum) unit per acre maximum - Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA H. SITE DATA: Total Acreage of Site - 5.70 Total Number of Lots - 12 Residential - 8 Common - 4 Total Number of Units - Single-family - 8 Total Acreage of Any Out-Parcels - none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1. 7 - un its per acre 2-units per acre maximum Minimum Lot Size 20,204-square feet 17,000-square feet Minimum Lot Width 120-feet 75-feet Minimum Street Frontage 58-feet 30- feet Total Acreage of Common Area .57-acres .57-acres (minimum) Page 2 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc I. GENERAL SITE DESIGN FEATURES: Open Space, Green Belt Areas and Landscape Screening: According to the preliminary plat date stamped by the City March 23,2007, the applicant is proposing a thirty five foot (35') landscaped buffer area on the west edge of the property adjacent to North Park Lane. There is also a I3,374-square foot landscaped common area proposed to be located at the east portion of the property. At the northeast section of the property a 42 I -square foot landscaped common area is proposed. 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 that unobstructed utility easements shall be provided along front lot lines, rear lot lines, and side lot lines when deemed necessary. Total easement width shall not be less than twelve-feet (12'). Fire Hydrants and Water Mains: The preliminary plat shows one (1) fire hydrant located approximately 389-feet east of the main entrance off of North Park Lane and on the north side of the proposed Adonai Drive. The hydrants should be installed and approved as required by the Eagle Fire District. On-site Septic System (yes or no) - No Pressurized Irrigation: The property has water rights with the Farmers Union Ditch Company. The water right will be retained and a pressurized irrigation system will be provided to serve the residential and common areas within the proposed development. The City of Eagle currently requires the installation of pressurized irrigation systems for the irrigation of landscaping when new development is within an irrigation district and water rights are available. The narrative provided with the Lockey Subdivision preliminary plat application indicates the property has existing water rights from the Farmer's Union Ditch Company. The applicant is proposing to work with the adjacent developers of Tabasco Trail Estates and Lingel (Adonai) Subdivisions to establish a joint water association for providing the required pressurized irrigation to the developments. Preservation of Existing Natural Features: Per Eagle City Code Section 9-3-8(B) 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. No such features are known to exist on the property. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or Page 3 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc 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) K. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees on the property. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the City Forester and 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 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 the City Clerk signing the final plat. M. SIGN AGE: No signs are proposed with this application. A separate design review application has been submitted by the applicant for a monument sign at the entrance of the subdivision (DR-66-0S). N. PUBLIC SERVICES AVAILABLE: The property will be serviced by the Eagle Fire Department, United Water, and the Eagle Sewer District. O. ON AND OFF-SITE PEDESTRlANIBICYCLE CIRCULATION: 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 - No Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees - No Riparian Vegetation - No Steep Slopes - No Stream/Creek - No Page 4 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc Unique Animal Life - No Unique Plant Life - Unknown Unstable Soils - No Wildlife Habitat - No 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: ACHD - No comment Central District Health - No objection Chevron Pipeline - No conflict Idaho Transportation Department - No comment U. LETTERS FROM THE PUBLIC: None received to date. V. COMMENTS FROM THE CITY FORESTER: Comments from the City Forester dated October 29, 2008, 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 Two, suitable primarily for single family residential development within areas that are rural in character. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 8-1-2 Open Space: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the city. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a usable and convenient amenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required. · Eagle City Code Section 8-2A-7 J(4)(a) Major Roadways: a. Any road designated as an urban collector 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. Page 5 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc A minimum five foot (5') high, maximum eight foot (S') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 9-3-1 Minimum Standards Required: All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter; provided, however, that any higher standards adopted by any highway district, the Idaho transportation department or health agency shall prevail over those set forth herein. · Eagle City Code Section 9-3-2-2 (A) Street Widths: Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. · Eagle City Code Section 9-3-8(D) Open Spaces: The minimum percentage of the gross area that must be set aside for open spaces in new subdivisions shall be as follows: IZoning DistrictllR-2 IIR-3 IIR-4 IIR-5 1 IR-6-R-25 I 10pen Space 1110%1110%1110%1110%1110% I · Eagle City Code Section 9-4-1-6 (B)(1)( c & d) Location: 1. The city shall require the creation and maintenance of pathways, (except in cases where it is shown to be inappropriate), that provides access to adjacent: c. Adopted pathway elements within the comprehensive plan and the ridge to rivers pathway plan; d. Neighborhoods; · Eagle City Code Section 9-4-1-6 (D) Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards should be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major Page 6 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drfdoc roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while allowing use by bicycles, wheelchairs and other modes of travel. 3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (Le., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from damaging the pathway surface. The root barrier shall consist of black injection molded panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty four inches (24") long by twenty four inches (24") deep. Each panel shall have no less than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-half inch (1/2 ") at ninety degrees (900) from the interior of the panel, spaced six inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each between the vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated joining system shall be employed for instant assembly by sliding one panel into the other. An alternative type barrier system of equal root penetrative resistance may be considered on a case by case basis, subject to the approval of the zoning administrator. 6. In order to design for crime prevention the following design standards will be followed: a. The use of "see through" fencing is preferred, as it provides better visibility from adjacent homes or buildings. If solid fencing is used it may not exceed four feet (4') in height. b. Adequate lighting may be provided as determined by Eagle city council and may be owned and maintained by the city of Eagle once the path is turned over to the city for maintenance. c. The use of comers and curves in the design of the paths is discouraged. · Eagle City Code Section 9-4-1-6 (F) (2,3 & 6) Sidewalk Design: 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. Page 7 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc D. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · In the event that the irrigation and open space agreement does not occur between Adonai Subdivision, Lockey Subdivision and Tabasco Trail Estates Subdivision then Adonai Subdivision shall provide a landscape plan showing how usable open space requirements will be attained either by restructuring existing open space or by adding a pathway system connecting the existing open space to the proposed Tabasco Trail pathway system adjacent to the south portion of Adonai Subdivision. The landscape plan shall be reviewed and approved by the Design Review Board prior to application for final plat. · The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along the side of the street that has a sidewalk within this development. Trees shall be placed 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 in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the dwelling units. A temporary occupancy may be issued if weather does not permit landscaping. · The applicant shall submit a design review application showing proposed subdivision signage and a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and berming, fencing, and planting details for review and approval by the Design Review Board prior to submittal of a final plat application. · Useable park amenities such as, pathways, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall also be reviewed and approved by the Design Review Board prior to submittal of a final plat. E. DISCUSSION: · The applicant is requesting design review approval for the common area and streetscape landscaping within Adonai Subdivision. The 5.7-acre subdivision consists of eight (8) lots (6 buildable, two common) within an R-2 (up to two dwelling units per acre) zoning designation. · According to the justification letter date stamped by the City on October 9, 2008, a gazebo is proposed within the open space area on the east portion of the property. The applicant has provided a black and white rendering of the gazebo, which is proposed to be similar in design to the proposed monument sign for the subdivision (DR-66-08). Though the applicant has called out the materials for the gazebo the rendering provided is not in color and not to scale. The applicant should provide a color rendering of the gazebo that is to scale. The revised color rendering of the gazebo should be reviewed and approved by staff and two members of the Design Review Board prior to the submittal of final plat application. · According to the landscape plan date stamped by the City on October 9, 2008, an example of a typical street light is shown for the subdivision; however, the street light shown appears to be more commercially oriented and the applicant has indicated to staff that this will likely not be the type of lighting used. The applicant should provide a cut sheet that shows the actual street lighting that will be used (style, wattage, height etc.) within the subdivision. The cut sheet for the street lighting should be reviewed and approved by staff and two members of the Design Review Board prior to the submittal of final plat application. Page 8 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drfdoc · Staff defers comment regarding the City Forester's recommendation 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 November 13, 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 3 to 0 (Barnes, McCullough, Niblett, and Wright absent) to approve DR-65-08 for a design review application for the common area landscaping within Adonai Subdivision for Dwayne and Stacie Lingel, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable requirements of the annexation, rezone application and development agreement for Adonai Subdivision (A-01-07/RZ-01-07). 2. Comply with all applicable requirements and conditions of the preliminary plat application for Adonai Subdivision (PP-O 1-07). 3. Provide a revised color rendering of the proposed gazeBo that is to seale. The re'lised rendering of the gazebo shall be reviewea afld approved by staff aHd hvo memBers of the Design Revie'N BOffi'd prior to the sl::lbmittal of final plat applieatioR. 4. Provide a cut sheet for the proposed lighting that shows the actual street lighting that will be used (style, wattage, height etc.) within the subdivision. The cut sheet for the street lighting shall be reviewed and approved by staff and two members of the Design Review Board prior to the submittal of final plat application. 5. No signs are proposed with this application. A separate design review application for a subdivision monument sign has been submitted by the applicant (DR-66-08). 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 ofthe 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 Page 9 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drfdoc Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs 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 Page 10 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department. " b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (Le.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City 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. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for Page 11 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drfdoc review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the 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 October 9,2008. 2. Requests for agencies' reviews were transmitted on October 15, 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-65-08) 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 R-2-DA (Residential - up to two dwelling units per acre) zoning district. Page 12 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc DA TED this 11 th day of December 2008. DESIGN REVIEW BOARD OF THE CITY OF EAGLE AdaCl;~ Eric R. McCulI ugh, Chairman ATTEST: ~4,.;j' ~dV(C ~ Sharon K. Bergmann, Eagle City Clerk Page 13 of 13 K:\Planning DeptlEagle ApplicationslDr\2008IDR-65-08 Adonai Sub land drf.doc ~. '" . .