Findings - DR - 2014 - DR-21-14 - Construct The Common Area Landscaping In Bella Terra Subdivision No 2 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING WITHIN )
BELLA TERRA SUBDIVSION NO. 2 FOR )
IRON MOUNTAIN REAL ESTATE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-21-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 24, 2014. 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:
Iron Mountain Real Estate, represented by Jeremy Amar, is requesting design approval of the
common area landscaping within Bella Terra Subdivision No. 2. The 17.97-acre site is located on
the east side of North Linder Road approximately 1/4-mile north of Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 13, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 13, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 28, 2006, the Eagle City Council approved an annexation, rezone, conditional use
permit, preliminary development plan, and preliminary plat for Bella Terra Subdivision (A-17-
05/RZ-24-05/CU-14-05/PPUD-7-05/PP-16-05).
On June 20, 2006, the Eagle City Council approved a design review application for the common
area landscaping and clubhouse within Bella Terra Subdivision(DR-34-06).
On June 20, 2006, the Eagle City Council approved a design review sign application for the entry
structure signage for Bella Terra Subdivision(DR-35-06).
On January 16, 2007, the Eagle City Council approved the final development plan and final plat
for Bella Terra Subdivision No. 1 (FPUD-05-06/FP-12-06).
On September 6, 2007, the final plat was recorded for Bella Terra Subdivision No. 1 at the Ada
County Recorder's office.
On January 16, 2008,the preliminary plat for Bella Terra Subdivision expired.
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT/R-2 (Rural Urban Vacant Land with irrigation
Transition—Ada County pond from first phase of
designation and Residential— Bella Terra Subdivision
up to two units per acre)
Proposed Residential Two R-2-P (Residential—up to two Residential/single family
units per acre with PUD)
North of site Residential Two R-2 (Residential—up to two Residential—Bella Terra
units per acre) Subdivision No. 1
South of site Residential Two R-2 (Residential—up to two Vacant Land
units per acre)
East of site Residential Two R-2 (Residential—up to two Residential—Obsidian and
units per acre) Lock Lomond Subdivisions
West of site Residential Two RUT(Rural Urban Vacant Land
Transitional-Ada County
designation
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
I. SITE DATA:
Total Acreage of Site— 17.97-acres
Total Number of Lots—49
Residential—42
Commercial—0
Industrial—0
Common—7
Total Number of Units-
Single-family—42
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels-0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on September 13, 2013, shows a 60-foot
wide common lot located adjacent to North Linder Road.North Linder Road is designated
as a principal arterial roadway. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c), a 75-
foot wide landscape strip is required adjacent to Linder Road with a minimum ten foot
high berm/wall combination with extensive landscaping to provide a buffer.
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Open Space:
A total of 11.64-acres (30%) of common area is proposed within the Bella Terra planned
unit development in its entirety(including Bella Terra Subdivision Phase 1). The common
area is a combination of large common lots, linear pathways, road buffer areas, and street
landscape 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:
Hydrants are to be located and installed 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.
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 that the applicant is
going to protect and retain.
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 along the internal roads within this
development.
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
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O. OUTDOOR LIGHTING:
A street light plan showing location, height, and wattage is required to be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. FENCING:
Wrought Iron(Steel) fencing to match that which has been used in Bella Terra Subdivision No. 1.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from 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.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. 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-no
Unique Animal Life-no
Unique Plant Life -no
Unstable Soils-unknown
Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Flood Control District No. 10
Idaho Transportation Department
Tesoro Logistic NW Pipeline
X. LETTERS FROM THE PUBLIC:None received to date.
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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 February 7, 2011), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Provide a revised preliminary plat showing eight foot(8')wide pedestrian pathways located within
common lots 5, 13, and 21, Block 6, and the pathways shall be located within a sixteen foot(16')
wide pedestrian access easement. The revised preliminary plat shall be provided prior to the
submittal of a design review application. (ECC 9-4-1-6[D]).
• Provide a revised preliminary plat showing ten foot (10') wide paved pathway along the east side
of Lots 18 and 19, Block 2 lots 17 & 18, Block 7, and shall be located within a twenty foot (20')
wide pedestrian access easement. The revised preliminary plat shall be provided prior to the
submittal of a design review application. (ECC 9-4-1-6[D]).
• The landscape buffer area along Linder Road should be approved as proposed with the preliminary
plat submitted on September 13, 2013, that identifies a wider buffer area (89-feet in width) at the
entrance of the development (Venetian Drive) and tapering down to a minimum fifty foot (50')
wide buffer at the south end of the frontage.
• Due to the additional right-of-way dedication required by ACHD (an additional 2-feet, to total 50-
feet from the centerline of West Linder Road), the applicant shall submit a revised preliminary plat
showing the revised landscape buffer on Linder Road (75-foot minimum), and revised lot square
footages affected by the additional right-of-way. The revised preliminary plat shall be provided
prior to submittal of a Design Review application.
• The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application
shall be reviewed and approved by the Design Review Board prior to the submittal of a final
development plan/final plat application. (ECC 8-2A-1).
• The developer shall provide shade-class trees (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 issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary
occupancy may be issued if weather does not permit landscaping however, a surety in accordance
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with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and
irrigation improvements shall be provided to the City. (ECC 8-2A-7).
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (C)(1): Existing Vegetation:
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.
• Eagle City Code Section 8-2A-7 (C)(4): Existing Vegetation:
Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7 (J)(4)(b): Landscape and Buffer Area Requirements:
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.
D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within the
second phase of Bella Terra Subdivision. There are no structures proposed within this phase of
the development. Street trees with separated sidewalks are proposed throughout the development
and comply with that which is required within Eagle City Code. There is an existing irrigation
pond within this phase that services Bella Terra Subdivision No. 1,that will services this phase as
well. There is an existing five foot(5')wide pathway constructed around the perimeter of the
pond that is to remain. Pursuant to the preliminary plat approval of Bella Terra Subdivision No. 2,
the applicant is to construct eight foot(8')wide pathways throughout the development that lead to
the existing pathway located around the irrigation pond. The landscape plan, date stamped by the
City on March 13, 2014, shows five foot(5')wide pathways being constructed throughout the
development leading to the irrigation pond. The applicant should be required to provide a revised
landscape plan showing eight foot(8')wide pedestrian pathways to be constructed on Lots 5, 8,
13, and 21, Block 6, leading to the existing pathway around the irrigation pond. The revised
landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final
plat.
• On February 11, 2014, the Eagle City Council approved the preliminary plat for Bella Terra
Subdivision No. 2 (A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/PP-11-13). Pursuant to the
approval, the applicant was approved to reduce the width of the berm along Linder Road from the
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required seventy five(75')to fifty feet(50'). The landscape plans, date stamped by the City on
March 13, 2014, show a fifty foot(50')wide landscape buffer along Linder Road in compliance
with the preliminary plat requirement as well as with Eagle City Code.
• There is an existing irrigation pump station located northeast of the existing irrigation pond. There
is no landscaping around the structure screening it from view. The applicant should be required to
provide a revised landscape plan showing how the existing pump station, located northeast of the
existing irrigation pond,will be screened with landscaping. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the City
Clerk signing the final plat.
• Staff defers comment regarding the proposed landscaping 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 April 24, 2014, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (McCullough, Martin, and Hash absent)to approve DR-21-14 for a design
review application to construct the common area landscaping within Bella Terra Subdivision No. 2
for Iron Mountain Real Estate, 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 Bella Terra Subdivision No. 2 (A-05-13/RZ-06-13/CU-07-
13/PPUD-06-13/PP-11-13).
2. Provide a revised landscape plan showing eight foot(8')wide pedestrian pathways to be constructed
on Lots 5, 8, 13, and 21, Block 6, leading to the existing pathway around the irrigation pond. The
revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final
plat.
3. Provide a revised landscape plan showing how the existing pump station, located northeast of the
existing irrigation pond,will be screened with landscaping. The revised landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk
signing the final plat.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
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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.
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.
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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
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 may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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
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river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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 March 13, 2014.
2. Requests for agencies' reviews were transmitted on March 13, 2014, in accordance with the
requirements of the Eagle City Code.
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3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-21-14) 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-P(residential two with PUD)zoning district.
DATED this 8th day of May 2014.
DESIGN R VIE BOARD
OF TH VC ""F EAGLE
Ada ;