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Findings - DR - 2013 - DR-69-12 - Construct The Common Area Landscaping In Lions Gate Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT THE ) COMMON AREA LANDSCAPING WITHIN LIONS ) GATE SUBDIVISION FOR LAZARUS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-69-12 The above-entitled design review application came before the Eagle Design Review Board for their action on January 24, 2013. 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: Lazarus, LLC,represented by Talena Baer with Baer Design Group, LLC, is requesting design review approval of the common area landscaping within Lions Gate Subdivision. The 27.38-acre site is generally located on the southwest corner of Ballantyne Lane and West Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 20, 2012. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 10, 2013, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 26, 2006,the Eagle City Council approved an annexation,rezone, and preliminary plat for Sylvan Wood Estates Subdivision(A-13-06/RZ-16-06/PP-14-06). On January 9, 2007,the Eagle City Council approved a design review application for the common area landscaping within Sylvan Wood Estates Subdivision(DR-106-06). On July 24,2007,the Eagle City Council approved a final plat for Sylvan Wood Estates Subdivision(FP-03-07). On July 8, 2008, the Eagle City Council approved a final plat extension of time for Sylvan Wood Estates Subdivision to be valid until July 24, 2009 (EXT-11-08). On January 8, 2013, the Eagle City Council approved a development agreement modification and preliminary plat for Lion's Gate Subdivision(RZ-16-06 MOD and PP-02-12). E. COMPANION APPLICATIONS: DR-70-12 (design review sign application) Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS dr£doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One(up to R-1-DA(Residential-1 unit Vacant land with one unit per acre per acre with a development agricultural use maximum) agreement) Proposed No change No change Single-Family,Residential Subdivision North of site Residential Estates(one R-E(1 unit per 2 acres Single-Family Residential unit per two acres) maximum) Subdivision—Scotch Subdivision South of site Residential One(up to RUT(Ada County Single-Family Residence one unit per acre) Designation) and Agricultural East of site Residential One(up to R-1 (Residential-1 unit per Single-Family Residential one unit per acre) acre) Subdivision—Lockwood Subdivision West of site Residential One(up to 1 A-R(Agricultural Residential Single-Family Residential unit per acre) one unit per five acres) Subdivision— Wehern Subdivision G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are existing trees located in the southeast corner of the development. Dry Creek Canal runs parallel to Floating Feather Road along the north property line of this site. I. SITE DESIGN INFORMATION: Total Acreage of Site—27.38 Total Number of Lots—32 Residential—25 Commercial—0 Industrial—0 Common—7 Total Number of Units- Single-family—25 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.91-dwelling units per acre Up to one unit per acre maximum Minimum Lot Size 37,005-square feet 37,000-square feet Minimum Lot Width 100-feet 100-feet Minimum Street Frontage 46.45-feet 35-feet Total Acreage of Common Area 2.39-acres 0-acres No open space required within the R-1 (Residential up to one unit per acre)zoning designation Percent of Site as Common Area 8.7% 0% J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: As required by Eagle City Code Section 8-2A-7(J)(4) (a) &(b), the applicant proposes to construct a fifty-foot (50') wide buffer along Floating Feather Road and a thirty-five foot (35') wide buffer along Ballantyne Road. All berming, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, are required for Design Review Board review and approval prior to submittal of a final plat. Open Space: The proposed development includes 2.39 acres(8.7%) of common area.The common area consists of the required buffer area along Floating Feather and Ballantyne Roads, proposed cul-de-sac and entrance way islands. 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 four (4) 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 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. Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. BUILDING DESIGN FEATURES: N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees along Ballantyne Lane. The majority of the trees are black locust trees which are an undesirable tree. The applicant is proposing to remove these trees and plant with the required plant material along Ballantyne Lane per Eagle City Code. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board Street Trees: The applicant is proposing street trees throughout the entire development to be planted between the back of curb and the separated sidewalk 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-70-12)has been submitted for the approval of an entry feature and signage. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letters from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: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 Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc Fish Habitat-no Floodplain-no Mature Trees-no Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no U. SUMMARY OF REVIEW OF 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: Eagle Fire Department—No comment New Dry Creek Ditch Company— Listed several conditions regarding encroachments, request for relocation, access to, and easement requirements associated with the irrigation facility located adjacent to the proposed development. W. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the following: Residential One Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 1 unit per 1 acre. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7(J)(4)(a) Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: 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 Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc may be substituted with two(2) flowering/ornamental trees,provided that not more than fifty percent(50%) of the shade trees are substituted. A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall, cultured stone, decorative rock,or similarly designed concrete wall,or combination thereof shall be provided within the buffer area.The maximum slope for any berm shall be three feet (3')horizontal distance to one foot(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.Chainlink, cedar,and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2A-7(J)(4)(b) Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of fifty feet(50')wide buffer area(not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: five(5)shade trees,eight(8) evergreen trees,three(3)flowering/ornamental trees,and twenty four(24) shrubs. Each required shade tree may be substituted with two(2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall, cultured stone, decorative rock,or similarly designed concrete wall,or combination thereof shall be provided within the buffer area.The maximum slope for any berm shall be three feet (3')horizontal distance to one foot(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.Chainlink,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: 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 buffer yard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc shall state which requirement as set forth within this section is to be modified,what project conditions stated within subsection 01 of this section justify using the proposed alternative,and how the proposed alternative equals or exceeds said requirement. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The applicant shall submit a Design Review application with a landscape plan showing the required improvements(berming,landscaping, sidewalk,and irrigation pumphouse)within the common lots pursuant to Eagle City Code 8-2A to be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. • The developer shall provide shade-class trees in compliance with Eagle City Code(landscape plan to be reviewed and approved by the Design Review Board)along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, 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 homes. A temporary occupancy may be issued if weather does not permit landscaping. • All living trees that do not encroach upon the buildable area on any lot shall be preserved,unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots(unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat.Construction fencing shall be installed(pursuant to the Design Review Board's direction)to protect all trees that are to be preserved,prior to the commencement of any construction on the site. • The applicant shall construct a six-foot(6')high berm,as measured from the property adjacent to the southwest corner of the development(Lots 7, 15, and 16,Block 1). The berm shall be constructed with a maximum of a 2.5:1 slope on the Plunkett property and a maximum of a 3:1 slope on the applicant's property. The berm shall have 15-feet of the berm located on the Plunkett' property(located southwest of Lots 7, 15, and 16,Block 1)and 18-feet of the berm will be located on the applicant's property. The applicant shall construct a six-foot(6')high vinyl fence(which may have lattice on top)on top of the berm.A recorded easement for the berm shall be executed between the Plunketts and the applicant with conditions acceptable to the Plunketts,the applicant, and the City Attorney.A note may be provided on the final plat in lieu of the recorded easement provided the note states that the easement may not be vacated without permission being granted by the property owner of the lot located to the southwest of Lots 7, 15, and 16,Block 1.The berm landscaping and fencing shall be reviewed and approved by the Design Review Board. D. DISCUSSION: • The Dry Creek Canal runs parallel to Floating Feather Road and is located on this sites north property line. The applicant has submitted an Alternative Method of Compliance application for the buffer area required along Floating Feather Road because of the location of the Dry Creek Canal easement. The applicant is proposing a twenty (20) foot wide landscape buffer along the north boundary of this development to be located outside of the canal easement. The proposed buffer area consists of a five to six(5 to 6) foot high berm with landscape material. Per Eagle City Code, a fifty (50) foot wide landscape buffer is required along Floating Feather Road and is required to be planted with five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs per one hundred (100) linear feet of Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drfdoc frontage. Sheet L1.1, date stamped by the City on December 20, 2012, shows a total of twenty three (23) shade trees, forty two (42) evergreen trees, sixteen (16) ornamental trees, and approximately two hundred (200) shrubs to be planted within the berm along Floating Feather Road. Per Eagle City Code, the applicant is required to provide a total of forty(40) shade trees, sixty four (64) evergreen trees,twenty four (24) ornamental trees, and two hundred(200) shrubs. Staff defers comment regarding the quantity of plant material proposed within the buffer area along Floating Feather Road to the Design Review Board. • Staff defers comment regarding 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 to consider the application was held before the Design Review Board on January 24, 2013, 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 6 to 0 (McCullough absent)to approve DR-6912 for a design review application to construct the common area landscaping within Lions Gate Subdivision for Lazarus,LLC,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of Lion's Gate Subdivision(RZ-16-06 MOD and PP-02-12). 2. All overhead power lines located along the southern boundary of this development shall be located underground prior to the City issuing a certificate of occupancy for this site. 3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 4. No signs are proposed with this application. A separate design review application is required to be submitted for the approval of any entry signage and/or entry features for this development. 5. Provide detailed building elevations of any structures proposed to house the pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 6. Provide a revised landscape plan showing two inch(2")caliper trees to be used throughout this development. The revised plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 7. The Board approves the alternative method of compliance. The plant quantities shown on the landscape plan, date stamped by the City on December 20, 2012, is approved. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. Page 8 of 12 K:\Plannmg Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc 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 a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district,canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property, and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including,but not limited to,landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drtdoc irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association, or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. 11. 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. 12. 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. 13. 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 maybe determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools,etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. 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 Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. 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. Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\20I2\DR-69-12 Lions Gate LS drtdoc 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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 City Council. 21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. 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. 23. 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. 24. 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. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from the City Council approval date). 26. 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. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on December 20, 2012. 2. Requests for agencies' reviews were transmitted on January 10, 2013, 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-69-12) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drf.doc 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 as described herein. The Board understands that the City Council is in the process of modifying the code to require two inch (2") caliper trees instead of three inch (3") caliper trees. With the understanding that the code will be modified in the near future, the Board determined that the developer shall only be required to install two inch(2")caliper trees within this development. 4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the R-1-DA(residential one with a development agreement)zoning district. DATED this 14th day of February 2013. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Coun y ho Eric R. McCullough, Chairman ;°° ti .••°"•••• �Y ` * : ATTEST: •— . *•• EAL • 410 4ItiAtIrAl Sharon K. Bergmann,Eagle City (lerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2012\DR-69-12 Lions Gate LS drfdoc