Findings - DR - 2016 - DR-28-16 - Ashbury Sub - Ashbury Subdivision No. 4BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA LANDSCAPING
WITHIN ASHBURY SUBDIVISION NO.4
FOR SMITH BRIGHTON, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-28-16
The above -entitled design review application came before the Eagle Design Review Board for their
action on May 12, 2016. 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:
Smith Brighton, Inc., represented by Van Elg, is requesting design review approval for the common
area landscaping within Ashbury Subdivision No. 4. The 19.31-acre site is located approximately 900-
feet west of Meridian Road and north of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 7, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 9, 2016, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved a comprehensive plan amendment from Transitional
Residential (Ada County designation) to Professional Office for a portion of this original site (CPA-
09-06).
On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU-DA (Mixed Use with Development Agreement) and
preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52-acre site is
located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at
6615 North Meridian Road (A-19-06/RZ-25-06 and PP-19-06).
On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park No. 1
for Capital Development, Inc. (FP-08-07).
On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2 for
Capital Development, Inc. (FP-01-08).
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment
changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and
Professional Office to Commercial for the property located on the northeast corner of Linder Road and
Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is
contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban
Transition) to C-3-DA (Highway Business District with a Development Agreement) (CPA-5-08 & A -
Page 1 of 11
KAPlanning Dept\Eagle Applica[ions\D620160R-28-16 Ashbury Subdivision No. 4 dr[docx
03-08 & RZ-8-08).
On November 25, 2009, the Eagle City Council approved a de -annexation of this property (Ordinance
614).
On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU-DA (Mixed Use with Development Agreement) for
Capital Development, Inc. (A-04-09/RZ-04-09).
On July 9, 2013, the Eagle City Council approved a development agreement modification and
preliminary plat for Ashbury Subdivision (RZ-04-09 and PP-02-13).
On September 10, 2013, the Eagle City Council approved a final plat application for Ashbury
Subdivision No. 1 (FP-12-13).
On September 12, 2013, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Subdivision No. 1 (DR-39-13).
On April 8, 2014, the Eagle City Council approved a final plat application for Ashbury Subdivision
No. 2 (FP-04-14).
On April 10, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Subdivision No. 2 (DR-12-14).
On September 8, 2014, the final plat for Ashbury Subdivision No. 2 was recorded at the Ada County
Recorder's office.
On December 15, 2015, the City Council approved the final plat for Ashbury Subdivision No. 3 for
SCS Brighton, LLC (FP-12-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Subdivision No. 3 (DR-47-15).
On March 31, 2016, the final plat for Ashbury Subdivision No. 3 was recorded at the Ada County
Recorder's office.
On May 12, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Business Park (DR-23-16).
E. COMPANION APPLICATIONS: None.
Page 2 of 11
KAPlanning DeptTagle ApplicationADA201MR-28-16 Ashbury Subdivision No. 4 drf.docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Transitional Residential
Proposed No Change
North of site Transitional Residential
South of site Transitional Residential
East of site Transitional Residential
ZONING
DESIGNATION
MU-DA (Mixed Use with
Development Agreement)
No Change
LAND USE
Agriculture
Residential
Ashbury Subdivision No. 1
and 2
Chinden Boulevard/
Agriculture
Ashbury Subdivision No. 3
and Castlebury West
Business Park
West of site Mixed Use and R-1 (Residential One - Ada Foxtail Subdivision and
Transitional Residential County designation) Proposed Assisted Living
MU-DA (Mixed Use with a Facility
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
I. SITE DATE:
Total Acreage of Site —19.31-acres
Total Number of Lots — 31
Total Number of Units — 24
MU-DA (Mixed Use with
Development Agreement)
MU-DA (Mixed Use with a
development agreement)
MU-DA (Mixed Use with a
development agreement)
Residential — 24
Commercial — 1
Industrial — 0
Common — 6
Single-family — 24
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: None
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation: N/A
K. BUILDING DESIGN FEATURES: N/A
Page 3 of 11
KAPlanning Depffiagle ApplicationADA2016DR-28- l6 Ashbury Subdivision No. 4 drf.docz
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing 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.
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. A separate design review application is required for the
approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Central District Health 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
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.
Page 4 of 11
KAPlanning DeptTagle ApplicationADA201MR-28-16 Ashbury Subdivision No. 4 drtdocx
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:
Central District Health Department
Idaho Transportation
Republic Services
Tesoro Logistics NW Pipeline
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 10 units per 1 acre.
B. 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 (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 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.
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 provide a plan to preserve the trees located adjacent to the northern boundary
of the development. The plan shall be reviewed and approved by the Design Review Board prior
Page 5 of 11
KAPlanning DeptTagle ApplicationADA2016\DR-28-16 Ashbury Subdivision No. 4 drf.docx
to submittal of a final plat application.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(M) Parkway Strips, Separated Sidewalks, And Street Trees:
3. Within residential developments one shade class (class II) tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight foot
(8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of
each lot generally located on each side lot line corner with the distance between trees to be a
minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage.
D. SUBDIVISION ORDINANCE PROVISION WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within the
fourth phase of Ashbury Subdivision. There are no structures proposed within the common area
of this phase. Street trees with separated sidewalks are proposed throughout the development and
comply with that which is required within Eagle City Code, with the exception of several areas
that would conflict with ACHD storm drain facilitates. The landscape plan, date stamped by the
City on April 7, 2016, shows six (6) trees that are unable to be placed within the planter strip.
Pursuant to past action in previous phases of this development, the applicant was permitted to
provide a landscape plan showing street trees located behind the sidewalk due to ACHD storm
drain facilities located within the planter strip. The landscape plan, date stamped by the City on
April 7, 2016, shows the street trees located behind the sidewalk and outside the required 10-foot
setback from ACHD storm drain facilities.
Sheet L1.01, date stamped by the City on April 7, 2016, shows the separated sidewalk along
South Winward Way terminating at the southern property line of this phase with no pedestrian
connection to the edge of the road. In order to facilitate pedestrians walking along the street or
sidewalk and having a continual walking surface, the applicant should be required to provide a
revised landscape plan showing a five foot (5') wide concrete connection to the edge of pavement
of South Winward Way. The revised landscape plan should be reviewed and approved by staff
prior to the City Clerk signing the final plat.
• Sheet L1.00, date stamped by the City on April 7, 2016, indicates a 6-foot high cedar fence under
the Legend and also calls out a wrought iron fence as Keynote #5. Pursuant to Eagle City Code,
any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Additionally, cedar, fir, and similar high maintenance and/or unsightly fencing
shall not be permitted. The applicant should be required to provide a revised landscape plan
showing where the wrought iron fence is to be located adjacent to all common open spaces and
on corner lots. The landscape plan should also change the Cedar Fence noted under the Legend,
on Sheet L1.00, to a fence material allowed within Eagle City Code (i.e.: vinyl, block, brick, etc.).
Page 6 of 11
KAPlanning DepttEagle ApplicationADA20MDR-28-16 Ashbury Subdivision No. 4 drfd€acx
The revised landscape plan should be reviewed and approved by staff prior to the City Clerk
signing the final plat.
• Staff defers comment regarding common area 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 May 12, 2016, 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 (Grubb and Schafer absent) to approve DR-28-16 for a design review application
for the common area landscaping within Ashbury Subdivision No. 4 for Smith Brighton, Inc., with the
following staff recommended site specific conditions of approval and standard conditions of approval
with text shown with strike thru to be deleted by the Board and text shown with underline to be added by
the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of Ashbury Subdivision (PP-02-13).
2. The applicant shall submit an application to the ACHD In order to facilitate pedestrians walking
along the street or sidewalk and having a continual walking surface, the applicant shall be required to
provide a revised landscape plan showing a five foot (5') wide concrete connection to the edge of
pavement of South Winward Way. 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 where the wrought iron fence is to be located adjacent to all
common open spaces and on corner lots. The landscape plan shall also change the Cedar Fence noted
under the Legend, on Sheet L1.00, to a fence material allowed within Eagle City Code (i.e.: vinyl,
block, brick, etc.). The revised landscape plan shall be reviewed and approved by staff 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.
No signs are proposed with this application and none are approved. A separate design review
application is required prior to any signs being constructed on this site.
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
Page 7 of 11
KAPlanning Dept\Eagle ApplicationsWr\2016\DR-28-16 Ashbury Subdivision No. 4 drf.docx
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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to
the City Engineer signing the final plat.
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, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage 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
Page 8 of 11
KAPlanning DepdEagle ApplicationAD62016DR-28-16 Ashbury Subdivision No. 4 drf.docx
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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
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
Page 9 of 11
KAPlanning DeptTagle ApplicationADA2016OR-28-16 Ashbury Subdivision No. 4 drf.docx
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 Commission and/or 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/or 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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-28-16) 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.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement) zoning district.
Page 10 of 11
KAPlanning Dept\Eagle ApplicationADr120MDR-28-16 Ashbury Subdivision No. 4 drf.docx
DATED this 26`h day of May 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Gru b, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 11 of 11
KAPlanning DeptEagle ApplicationADA2016MDR-28.16 Ashbury Subdivision No. 4 drfdmx