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Findings - DR - 2015 - DR-37-15 - Common Area Landscaping In Crossley Park SubdivisionBEFORE TIIE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN CROSSLEY PARK SUBDIVISION FOR GREG HALL FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -37 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on October 8, 2015. 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: Greg Hall, represented by Tim Mokwa with KM Engineering, is requesting design review approval of the common area landscaping within Crossley Park Subdivision. The 6.77 -acre site is generally located on the south side of West Flint Drive at 3391 West Flint Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 3, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 10, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 10, 2007, the City Council approved applications for a rezone with a development agreement and a preliminary plat for Symphony Square Subdivision (RZ- 28- 06/PP- 22 -06). On April 15, 2008, the City Council approved an extension of time for the preliminary plat for Symphony Square Subdivision to be valid until April 10, 2009 (EXT- 03 -08). On April 28, 2009, the City Council approved an extension of time for the preliminary plat for Symphony Square Subdivision to be valid until April 10, 2010 (EXT- 02 -09). On May 24, 2010, the City Council approved an extension of time for the preliminary plat for Symphony Square Subdivision to be valid until April 10, 2011 (EXT- 02 -10). On August 25, 2015, the City Council approved a development agreement modification to the rezone, a conditional use permit, preliminary development plan, and preliminary plat for Crossley Park Subdivision (RZ -28 -06 MOD /CU- 08- 15/PPUD- 03- 15/PP- 02 -15) E. COMPANION APPLICATIONS: None Page I of 12 KAPlenning Dept\Pagle Applicadons\Dr\2015 \DR -37 -15 Crossley Park LS drtdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: I. SITE DESIGN INFORMATION: Total Acreage of Site — 6.77 -acres Total Number of Lots — 33 Total Number of Units — 28 Residential — 28 Commercial — 0 Industrial — 0 Common — 5 (one [1] of which contains a private street) Single - family — 28 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 2 of 12 KAPI —mg Dept\Eagle App1ica1iom\DA2015UDR -37 -15 Crossley Park LS drLdoc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential R -3 -DA (Residential with a Residential subdivision — development agreement) Flint Estates Proposed No Change R- 4 -DA -P (Residential with a Single family residential development agreement — development PUD) North of site Transitional Residential A -R (Agricultural- Single - family residence Residential) South of site Mixed Use MU -DA (Mixed Use with a Commercial subdivision development agreement) (Arts West Subdivision) East of site Residential One R -1 (Residential —one unit Residential subdivision — per acre) Colony Subdivision West of site Mixed Use MU -DA (Mixed Use with a Commercial subdivision development agreement) (Arts West Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: I. SITE DESIGN INFORMATION: Total Acreage of Site — 6.77 -acres Total Number of Lots — 33 Total Number of Units — 28 Residential — 28 Commercial — 0 Industrial — 0 Common — 5 (one [1] of which contains a private street) Single - family — 28 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 2 of 12 KAPI —mg Dept\Eagle App1ica1iom\DA2015UDR -37 -15 Crossley Park LS drLdoc J. GENERAL SITE DESIGN FEATURES: Landscape Screening: The western property line will be located adjacent to North Fisher Park Way which is classified as a collector. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty -five foot (35') wide buffer area with a minimum five to eight foot (5' to 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. Open Space: A total of 2.40 -acres (inclusive of 0.91 -acres of private street area) of open space is proposed within the residential subdivision. The common lots minus the private street lot is 1.49 -acres in size and consists of four (4) common lots. The common lot area located outside of the private street is proposed to contain landscaping, six -foot (6') wide pedestrian pathways, and a drainage facility for the private street. 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, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development (PUD). The property has a MU -DA (Mixed Use with a development agreement) zoning designation and the applicant is requesting a development agreement modification to utilize the existing development agreement in lieu of a PUD pursuant to Eagle City Code. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On -site Septic System (yes or no) — Unknown The original dwelling (removed) was served by a septic system located on the property. It is unknown if the septic system was properly abandoned. The applicant will be required to provide confirmation from Central District Health Department indicating if the septic system was abandoned. Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the Ballentyne Ditch Company. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS). Preservation of Existing Natural Features: Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of Page 3 of 12 KAPlanning Dept\Eagle ApplicationADA2015DR -37 -15 Crossley Park LS drf.doc the subdivision. The site has mature trees centrally located on the site located approximately 200 -feet of the terminus of West Flint Drive. 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 are to be removed since they are volunteer, multi -trunk boxelders, elms, and black locust trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: Street trees are proposed throughout the development in compliance with Eagle City Code. 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 Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application the approval of any signs. A separate design review application is required for Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter 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 Page 4 of 12 KAPI —mg Dept \Eagle Appbcadons\Dr\2015\DR -37 -15 Crossley Park LS drf.doc 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 U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ballentyne Ditch Company Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline West Ada School District 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: • The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Transitional Residential Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. Chapter 6 — Land Use 6.8.1 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. A. Uses Page 5 of 12 KAPlanning Dept\Eagle ApplicationADA2015UM -37 -15 Crossley Park LS drf.doc The land use and development policies specific to the Park Lane Planning Area include the following (reads in part): 3. Flint Drive shall be preserved primarily as a residential street while properties abutting State Street should include a mix of residential uses, commercial uses limited to lease spaces no larger than 30,000 square feet and office uses that promote trip capturing. The properties abutting State Street shall be reviewed and conditioned by the City through the use of a development agreement at the time of rezone. 5. The land use for the properties north of Flint Estates and extending to Floating Feather Road is Transitional Residential to ensure compatible residential lot sizing adjacent to the Colony Subdivision. Extending east to west, ensuring compatibility with the 1 acre lots in the Colony Subdivision, densities in the area will increase to a maximum of 3 units per acre near the high school. B. Design 1. Flint Estates Area: a. The Flint Estates area adjacent to State Highway 44 should be designed to provide commercial uses that encourage pedestrian circulation from the residential and high school areas, and to complement the existing mixed use areas at State Street and Park Lane (Camille Beckman) and planned new residential uses adjacent to the north. g. Transitional residential densities and design elements (berms, fences, etc.) should be used to provide buffering to residential areas to the east and north of the mixed use area. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Eagle City Code Section 8- 2A -7(C) Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more lx caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. Page 6 of 12 KAPlanning Dept\Eagle ApplicatiomMA2015DR -37 -15 Crossley Park LS drf.doc C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Provide a revised preliminary plat showing the area of Lot 1, Block 1, located adjacent to North Fisher Park Way to be a minimum of twenty feet (20') in width for buffering. The required trees, shrubs, and berming requirements contained within this buffer area shall be modified as approved by the Design Review Board to be compatible with the smaller buffer area. The revised preliminary plat shall be provided prior to submittal of a final plat application. • The applicant shall submit a Design Review application with a landscape plan showing the required improvements (berming, landscaping, and sidewalk) within the common lots for review and approval by the Design Review Board prior to the submittal of a final plat application. 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 behind the attached sidewalk at the front of each lot generally at each side property line, or as approved by the Design Review Board. 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. D. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code) and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to submittal of a final plat application. 3.8 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of a Design review application. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. E. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping within Crossley Park Subdivision, a 33 -lot (28- buildable, 5- common) residential subdivision. The applicant is proposing street trees throughout the development in compliance with Eagle City Code. No structures are proposed with this development. • Pursuant to the approval of the prelinunary plat, a minimum twenty foot (20') wide landscape buffer is required adjacent to North Fisher Park Way. The required trees, shrubs, and berming requirements proposed within the buffer area are to be approved by the Design Review Board. The landscape plan date stamped by the City on September 3, 2015, shows a twenty foot (20') wide buffer area adjacent to North Fisher Park Way. The plan shows eight (8) deciduous trees, twenty four (24) evergreen trees, nine (9) flowering trees, and approximately one hundred seventy (170) shrubs to be planted within the buffer area along with a three to five foot (3' to 5') high Page 7 of 12 KAPlanning DeptkEagle Applications1DA2015%DR -37 -15 Crossley Park LS drt:doc berm. Staff defers comment regarding the quantity of plant material to the Design Review Board. • Pursuant to the approval of the preliminary plat, all living trees that do not encroach upon the building area on any lot are to be preserved. The existing trees are located within the future roadway and building area of the future lots. The applicant is not proposing to retain any of the existing trees since many are volunteer, multi -trunk boxelders, elms, and black locust trees. The landscape plan, date stamped by the City on September 3, 2015, shows a cul -de -sac at the terminus of West Flint Drive. As noted on the plan, a portion of this cul -de -sac will be removed in the future to accommodate the extension of North Fisher Park Way. The vacated right of way will become a part of this development. The applicant should be required to provide a revised landscape plan showing how the existing cul -de -sac area is to be landscaped once North Fisher Park Way is extended to the north. The revised landscape plan should show street trees, a detached sidewalk, and landscaping will be installed in this area. 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. The applicant should be required to provide a surety (in the form of a letter of credit, cd, or cash) to the City for 150% of the cost of the street trees, a detached sidewalk, and landscaping which will not be completed until the cul -de -sac has been removed. The surety should be submitted to the City prior to the City Clerk signing the final plat. 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 October 8, 2015, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0 (Hash and Schafer absent) to approve DR -37 -15 for a design review application to construct the common area landscaping within Crossley Park Subdivision for Greg Hall, 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 RZ -28 -06 MOD /CU- 08- 15/PPUD- 03- 15/PP- 02 -15. 2. Provide a revised landscape plan showing how the existing cul -de -sac area is to be landscaped once North Fisher Park Way is extended to the north. The revised landscape plan shall show street trees, a detached sidewalk, and landscaping will be installed in this area. 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. 3. Provide a surety (in the form of a letter of credit, cd, or cash) to the City for 150% of the cost of the street trees, a detached sidewalk, and landscaping which will not be completed until the cul -de -sac has been removed. The surety shall be submitted to the City 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. Page 8 of 12 KAPlanning Dep[\Eagle ApplicationADA2015\13R -37 -15 Crossley Park LS drf.doc 5. No signs are proposed with this application and none are 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. 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 Page 9 of 12 KAPlanning DepftEagle Applicatiom\DAMIMDR -37 -15 C—k-y Park IS drEdoc 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 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 Page 10 of 12 KAPlanning Depffagle ApplicationstDA2015MR -37 -15 Crossley Park CS drf.doc 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. 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 September 3, 2015. Page 11 of 12 KAPlanning Dept\Eagle Applications0rX20151DR -37 -15 Crossley Park LS drf.doc 2. Requests for agencies' reviews were transmitted on September 10, 2015, 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- 37 -15) 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 -3 -DA (residential three with development agreement) zoning district. DATED this 22nd day of October 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 KAPI —Mg Dept\Gagle APPUCati0M\Dtk2015UDR -37 -15 Crossley Park LS drt.d,, �EAG�F''•., Robert Gru airman ••••OF .••�.0R A rc� %: ATTEST: S. .O i • Stiff. �&J 0c ass ok of* 00 Oe.'. Sharon K. Bergmann, Eagle City Cl k '••••,�,..•••••' Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 KAPI —Mg Dept\Gagle APPUCati0M\Dtk2015UDR -37 -15 Crossley Park LS drt.d,,