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Findings - DR - 2015 - SR-17-14 MOD - Modification To The Common Area Landscaping In Creek Water SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MODIFICATION TO THE COMMON AREA LANDSCAPING WITHIN CREEK WATER SUBDIVISION FOR BILL BARROS FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -17 -14 MOD The above - entitled design review application came before the Eagle Design Review Board for their action on October 22, 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: Bill Barros, represented by Rodney Evans with Breckon Land Design, is requesting design review approval to modify the common area landscaping within Creek Water Subdivision. The 12.7 -acre site is located on the south side of West Floating Feather Road approximately '/4 -mile east of Park Lane at 3577 and 3395 West Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 15, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 18, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 5, 2006, the Planning and Zoning Commission held a public hearing and recommended approval of the annexation, rezone with development agreement, and preliminary plat applications for Gray Eagle Subdivision (A- 06- 06/RZ- 06- 06/PP- 06 -06). On January 16, 2007, the City Council remanded the applications to staff for Gray Eagle Subdivision (A- 06- 06/RZ- 06- 06/PP- 06 -06). Due to inactivity on these applications, the applications were considered withdrawn. On October 22, 2013, the City Council approved an annexation, rezone with development agreement, and preliminary plat (A- 02- 13/RZ -03 -13 & PP- 03 -13) for the Creek Water Subdivision. On April 24, 2014, the Eagle Design Review Board approved a design review application for the common area landscaping within Creek Water Subdivision (DR- 17 -14). On June 15, 2015, the City approved a design review sign application for the subdivision entry monument signs for Creek Water Subdivision (DR- 20 -15). On September 23, 2014, the Eagle City Council approved a final plat application for Creek Water Subdivision (FP- 16 -14). Page 1 of 11 KAP1 —ing Depl\F— gle App1i— iona\D,12014\DR -17 -14 MOD Creek water Sub LS drf.doc E. COMPANION APPLICATIONS: None 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 : The infrastructure, roads, perimeter and common area fencing, street lighting, and common area landscaping have been completed within the entire development. I. SITE DESIGN INFORMATION: Total Acreage of Site — 12.7 -Acres Total Number of Lots — 37 (One (1) parcel to be located outside of subdivision) Residential — 30 Common — 7 Total Number of Units - 30 New Single- family - 30 Existing —1 (located outside of subdivision) Total Acreage of Any Out - Parcels — 0 Page 2 of 11 KAPlanning Dept \Eagle App1icadom\Dr\2014\DR -17 -14 MOD Creek Water Sub LS drfdoc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential R -3 -DA- (Residential Single family residential (3 units per acre maximum three units /acre development maximum) -Park Lane with a development Planning Area agreement) Proposed No Change No Change No Change North of site Residential Two (up to R -E (Residential Estates — up Single family residential two units /acre) to one unit per two acres) (Cavallo Subdivision) South of site Transitional Residential RUT (Rural Urban Transition- Agricultural land (3 units per acre Ada County Designation) maximum) -Park Lane Planning Area East of site Transitional Residential RUT (Rural Urban Transition- Agricultural land (3 units per acre Ada County Designation) maximum) -Park Lane Planning Area West of site Residential One A -R -DA (Agricultural- Abundant Life Baptist Residential with a Church and a single family development agreement) home G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS : The infrastructure, roads, perimeter and common area fencing, street lighting, and common area landscaping have been completed within the entire development. I. SITE DESIGN INFORMATION: Total Acreage of Site — 12.7 -Acres Total Number of Lots — 37 (One (1) parcel to be located outside of subdivision) Residential — 30 Common — 7 Total Number of Units - 30 New Single- family - 30 Existing —1 (located outside of subdivision) Total Acreage of Any Out - Parcels — 0 Page 2 of 11 KAPlanning Dept \Eagle App1icadom\Dr\2014\DR -17 -14 MOD Creek Water Sub LS drfdoc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.36 -units per acre Less than three (3) units per acre Minimum Lot Size 10,067 - square feet 10,000 - square feet Minimum Lot Width 85 -feet 75 -feet Minimum Street Frontage 35 -feet 35 -feet Total Acreage of Common Area Open Space 2.65 -acres 2.29 -acres (minimum) Percent of Site as Common Area Open Space 20.8% 18% (minimum) J. GENERAL SITE DESIGN FEATURES: Landscape Screening: As required by Eagle City Code Section 8- 2A- 7(J)(4)(b), the applicant proposes to construct a 50 -foot wide buffer within a common lot located adjacent to West Floating Feather Road. All berming, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, require Design Review Board review and approval prior to submittal of a final plat. Open Space: The applicant is proposing a total of 2.65 -acres (20.8 %) of common area. The preliminary plat, date stamped by the City on May 30, 2013, shows one (1) of the common lots (Lot 9, Block 1) containing a proposed irrigation pond, irrigation pump house, and dome chambers (storm drainage infrastructure). 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 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) — Yes The existing homes located at 3395 and 3577 West Floating Feather Road are both served by on -site septic systems. The applicant will be required to obtain the proper permits from the Central District Health Department and abandon the septic system located at 3395 West Floating Feather Road prior to submittal of a final plat application. 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 11 KAPlanning Dept\Eagle ApplicationsTA20140R -17 -14 MOD Creek Water Sub LS drf doc the subdivision. A majority of the existing trees located around the existing home on the property, the drainage ditch, and along Floating Feather Road will 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. STREET DESIGN: Public Streets: The applicant is proposing to construct two (2) roadway cross sections: one roadway access point from West Floating Feather Road will be provided for this development to be constructed using a 65 -foot wide road section inclusive of a 10 -foot wide planter dividing the two lanes and 6.5 -feet of the 8 -foot wide planter strips located on each side of the street. Each lane will be 22 -feet wide. The local roadways within the development will be a 36 -foot wide roadway section (as measured from back of curb to back of curb) with an eight -foot (8') wide landscape planter strip located on each side of the roadway. Blocks Less Than 500% None proposed Cul -de -sac Design: The preliminary plat date stamped by the City on May 30, 2013, shows two (2) cul -de -sacs located within the proposed development. The proposed length of the cul -de -sacs is in conformance with Eagle City Code. The preliminary plat does not show a street section for the proposed cul -de -sacs, however the preliminary plat shows the cul -de -sacs with a landscape island and approximately 90 -feet in width from curb -to -curb. Pursuant to Eagle City Code the pavement area width within a cul -de -sac is required to be 40 -feet in width between the landscape island and the outer edge of the street. Sidewalks: A detached five -foot (5') wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior public roadways. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. L. BUILDING DESIGN FEATURES: Roof. Asphalt shingle (brown) Walls: Horizontal siding (brown) Windows/Doors: Metal door (brown) Fascia/Trim: Wood (brown) Page 4 of 11 KAPI —mg Dept\Eegle Applic tions\DA2014\DR -17 -14 MOD Creek Water Sub LS drf.do M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): The applicant retained the existing trees that were required in their previous approval (DR- 17 -14). The trees are located on the large common lot with the irrigation pond located near the southeast corner of the development. Street Trees: The applicant is proposing street trees along all the streets proposed within this development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A N. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A P. 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. Q. SIGNAGE: Subdivision entry signs were approved with DR- 20 -15. R. 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. 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 Page 5 of 11 KAPlanning DeptlEagle ApplicationsMA2014\DR -17 -14 MOD Creek Water Sub LS drf.doc 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 incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline West Ada School District X. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Chapter 6 — Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Residential Three Suitable primarily for single family residential development within an urbanized setting. An allowable density of up to 3 units per 1 acre. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -2A -1: General Applicability: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi - family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. C. DISCUSSION: • The applicant is requesting design review approval to modify one of the common areas within Creek Water Subdivision, a 12.7 -acre development with 37 -lots (30- buildable and 7- common) residential subdivision. Lot 9, Block 1, of Creek Water Subdivision is the largest common area within this development and was originally designed to have a large open park feel with the large Page 6 of 11 KAPlanning Dept\Eagle ApplicationADA2014DR -17 -14 MOD Creek Water Sub LS drf doe existing trees and the proposed irrigation pond. The landscape plan approved by the Design Review Board on April 24, 2014, showed landscaping to be located around the perimeter of the irrigation pond and that turf was to be installed to the edge of the irrigation pond. Upon inspection of the site, staff discovered that cobblestone had been installed around the perimeter of the pond approximately 5 -feet beyond the edge of the pond and that a 4 -foot high wrought iron fence had been installed around the perimeter of the pond. These improvements do not match that which was approved by the City and staff recommends that the improvements be constructed to match that which was approved by the City on April 24, 2014. The applicant should be required to provide revised landscape plans showing the fence around the irrigation pond removed and turf installed to the edge of the pond as originally approved. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the issuance of any certificate of occupancy's for any of the residential dwelling units. 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 22, 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 (Grubb, Martin, and Hash absent) to approve DR -17 -14 MOD for a design review application to modify the common area landscaping within Creek Water Subdivision for Bill Barros, 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 any applicable conditions of Creek Water Subdivision (A- 02- 13/RZ- 03- 13/PP- 03 -13, DR- 17 -14, and FP- 16 -14). 2. Provide revised landscape plans showing the fence around the irrigation pond removed and boulders to be placed strategically around the perimeter of the pond to provide for a more appealing landscape appearance. . The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of any certificate of occupancy's for any of the residential dwelling units. 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the shed. 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 Page 7of11 KAPlanning Dept\Eagle App1ications\Dr\2014\DR -17 -14 MOD Creek Water Sub LS drf doc Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right -of -way for any ditch, pipe or other structure, or canal used for 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 Page 8 of 11 KVIanning Dept\Eagle ApplicationADA20MDR -17 -14 MOD Creek Water Sub LS drf.doc 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 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. Page 9 of 11 KAPlanning Dept\Eagle ApplicationADA2014\DR -17 -14 MOD Creek Water Sub LS drf doc 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 15, 2015. 2. Requests for agencies' reviews were transmitted on September 18, 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 -17 -14 MOD) 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. Page 10 of 11 KAPlanning Dept \Eagle App1iwtions\Dr\20I4\DR -17 -14 MOD Creek Water Sub LS dR doe 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 a development agreement) zoning district. DATED this 12fl' day of November 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County Idaho Robe la, C irman A- I -EEST: Sharon K. Bergmann, Eagle City Clerk ,•�;� r,S,E O`F E-40 P• R AL_ r '�►; ; i OF V •••' Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 11 of I 1 K \Planning DepttEagle App1ications\Dr\2014\DR -17 -14 MOD Creek Water Sub LS drf doc