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Findings - DR - 2017 - DR-1-16 MOD - Modify The Common Area Landscaping In Lanewood Subdivsion (Aka: Homestead Subdivision)BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO MODIFY THE ) COMMON AREA LANDSCAPING WITHIN ) LANEWOOD SUBDIVISION (AKA: HOMESTEAD) SUBDIVISION) FOR SMITH BRIGHTON, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -16-16 MOD The above -entitled design review application came before the Eagle Design Review Board for their action on May 11, 2017. 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 Jonathan Wardle, is requesting design review approval to modify the common area landscaping within Lanewood Subdivision (aka: Homestead Subdivision) to include a pool, pool house (924 -SF), pavilion (864 -SF), mailbox kiosk (329 -SF), decorative fencing, and other minor landscape modifications. The 110.95 -acre site is located on the north side of West Floating Feather Road between North Lanewood Road and North Linder Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 4, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 7, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 — S/ZC/PUD/DA). On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03- 12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12). On March 14, 2013, the Design Review Board approve a design review application for the common area landscaping within Lanewood Subdivision (DR -03-13). On May 13, 2014, the City Council approved an extension of time application for the preliminary plat for Lanewood Subdivision (PP -01-12) (EXT -02-14). On September 9, 2014, the City Council approved a final development plan and final plat for Lanewood Subdivision No. 1 (FPUD-06-14 & FP -15-14). On September 23, 2014, the City Council approved an extension of time application for the execution of the development agreement for the rezone and the preliminary plat for Lanewood Subdivision No. 2 (RZ-04-13/PP-09-13). Page 1 of 12 K:\Planning Dept\Eagle ApplicationskDr\2016\DR-16-16 MOD Lanewood Sub LS drf.docx On September 8, 2015, the City Council approved a final plat extension of time for Lanewood Subdivision No. 1 to be valid until August 26, 2016 (EXT -03-15). On July 14, 2016, the Design Review Board approve a design review application for the common area landscaping within Lanewood Subdivision (DR -16-16). E. COMPANION APPLICATIONS: DR -18-17 (subdivision entry signage) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. H. I. COMP PLAN DESIGNATION Existing Residential Two (up to two units/ acre) Proposed North of site South of site East of site West of site No Change Residential Two (up to two units/acre) Residential Two (up to two units/ acre) Residential Two (up to two units/acre) Residential Two (up to two units/ acre) ZONING DESIGNATION R -3 -DA -P (Residential maximum three units/acre with a development agreement and a planned unit development) No Change RUT (Ada County Designation) R -2 -DA -P (Residential maximum two units/acre with a development agreement and a planned unit development) RUT (Ada County Designation) RUT (Ada County Designation) LAND USE Agricultural Single -Family, Residential Planned Unit Development Single -Family Residence and Agricultural Legacy Development (Mosca Seca Subdivision) Agricultural Agricultural DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. EXISTING SI'Z'E CHARACTERISTICS: A subdivision on this site was originally approved through Ada County and with that approval; some infrastructure was installed on this site. However, most of the site is vacant or being used for agricultural purposes. SHE DATE: Total Acreage of Site — 110.95 -acres Total Number of Lots — 248 Residential — 222 Commercial — 0 Industrial — 0 Common — 26 Total Number of Units - Single-family — 222 Duplex — 0 Multi -family — 0 Page 2 of 12 KAPlanning Dept\Eagle Applications\Dr\2016\DR-16-16 MOD Lanewood Sub LS drf.docx J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct three (3) buildings; one pool house, one pavilion, and one mailbox kiosk. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-three foot (23') high single -story structure for the pool house and pavilion and fourteen and one-half foot (14 1/2') high single -story structure for the mailbox kiosk. Gross Floor Area of Proposed Buildings: The proposed pool house is approximately 924 -square feet, the pavilion is approximately 864 -square feet, and the mailbox kiosk is approximately 329 -square feet. On and Off -Site Circulation: N/A K. BUILDING DESIGN FEATURES: Roof: Metal (rust) Walls: Hardieplank board and batt (Harbor Mist), Stone veneer (Boardwalk Cliffstone) Windows/Doors: Vinyl windows and metal doors (brown) Fascia/Trim: Hardieboard trim (Suitable Brown) 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 along all the streets within 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: The mechanical units for the pool are to be located within the mechanical room of the pool house. No roof top or ground mounted mechanical units are proposed and none are approved. 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 (DR -18-17) has been submitted for the approval of subdivision monument signage. 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. Page 3 of 12 K:IPlanning Dept\Eagle ApplicationslDr12016\DR-16-16 MOD Lanewood Sub LS drf docx R. PUBLIC USES PROPOSED: None. S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON -SHE 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. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Department of Environmental Quality Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline W. LEr1'ERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6 — Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. 6.4 Land Use Goals A. Preserve the rural transitional identity of the City of Eagle. 6.5 Land Use Objectives A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr22016\DR-16-16 MOD Lanewood Sub LS drf.docx and wildlife species, and unique areas based on diverse values within the City of Eagle 6.6 Land Use Implementation Strategies S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. W. Use smaller planning areas to help guide development in the western planning area. 6.8.2 Village Planning Area The Village Planning Area is designed to provide flexibility of design while also ensuring compatibility to existing large lot residential uses and transitional density as development approaches Homer Road and the Foothills. This area is not intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as an anchor of the area and is not taken over by residential uses. A. Uses/Design The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality and office uses. Non-residential uses will be focused in the Village Center. 2. Residential Areas: b. Decreasing densities should be allowed as the area radiates out of the village center. The overall densities in the Village Planning Area outside of the village center shall average 1-2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. • The developer shall provide shade 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 on the side lot lines, or as approved by the Design Review Board and within five - feet (5') of the edge of the roadway. 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. • The applicant shall submit a design review and alternative method of compliance applications to address the required landscape/screening buffers to be located adjacent to North Linder Road and West Floating Feather Road. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. The City Council desires Design Review Board review, however the City Council acknowledges that 35 -feet is a sufficient Page 5 of 12 K:\Planning Dept\Eagle Applications \Dr\2016\DR-16-16 MOD Lanewood Sub LS drf.docx width for the buffer area to be located adjacent to West Floating Feather Road and North Linder Road. • All internal pathways shall be a minimum of six feet (6') in width. • The applicant shall provide a revised Site Plan L1.0, showing all fencing located adjacent to a common area to be open style fencing, prior to the submittal of a design review application. Lots 26, 38, and 41, Block 2, (located adjacent to open space that abuts West French Glen Drive), in addition to all lots located adjacent to common areas that abuts Floating Feather Road, Linder Road, North Champions Way, and West Olde World Street shall be permitted to have solid fencing. The fence design type shall be reviewed and approved by the Design Review Board; the Design Review Board should consider the noise concerns and privacy issues for those lots located along the roadway. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-6(B)(3)(d) Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design D. DISCUSSION: • On July 14, 2016, the Design Review Board approved a design review application for the common area landscaping within Lanewood Subdivision (aka: Homestead Subdivision) (DR -16-- 16). The applicant is requesting design review approval to modify the common area to include a pool, pool house, pavilion, mailbox kiosk, decorative fencing, and other minor landscape improvements. The applicant is marketing the development as Homestead Subdivision, thus the architecture of the buildings proposed with this modification have a farm -style theme with wood, stone and metal accents. Staff defers comment regarding building design and colors to the Design Review Board. • On December 11, 2012, the City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat application for Lanewood Subdivision (A-03- 12/RZ-03- 12/CU-03-12/PPUD-01-12/PP-01-12). With that approval, the applicant received approval to use a solid fencing along Floating Feather, Linder Road and several interior roads to mitigate noise concerns and to provide privacy for those lots located along the roadways. On July 14, 2016, the Design Review Board approved a six foot (6') high tan vinyl fence to be located in the areas approved to have solid fencing. In keeping with the farm -style theme that the applicant is now trying to achieve; the applicant would like to construct a six foot (6') high decorative wood fence in the areas approved to use a solid fence. Pursuant to Eagle City Code, decorative wood fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design. Staff defers comment regarding the style of the solid fence proposed to the Design Review Board. • The overall landscaping proposed within the development matches that which was previously approved by the Design Review Board on July 14, 2016, with regard to the buffer areas along Floating Feather, Linder Road, the street trees, and common areas within the development with the exception of the common area located north of the main common area where the pool, pool house, and pavilion are proposed (see sheet L15.0 and L16.0). The landscaping previously approved within the one hundred foot (100') wide common area between the residential lots was shown with trees along the perimeter of the common area adjacent to the residential lots and planted with grass. The revised landscape plan, date stamped by the city on April 4, 2017, shows a six foot (6') wide pathway and small open ditch meandering the full length of this common Page 6 of 12 K:\Planning Dept\Eagle Applications\DA2016\DR-16-16 MOD Lanewood Sub LS drfdocx area. This plan shows plantings proposed along the perimeter of the open ditch and the trees previously approved in this area have been shifted to provide more visual interest in this area. • Sheet A3.2 and L11.0, date stamped by the city on April 4, 2017, shows a water tower to be constructed within the landscape buffer at the northwest corner of North Linder Road and West Floating Feather Road. The water tower is proposed to be twenty four feet (24') tall. The cross section shows the height of the berm is approximately five and one half feet (5 1'). Staff is concerned with the overall scale of a twenty four foot (24') tall structure being located on top of a five and one half foot (51 ') high berm. The applicant should be required to provide a revised cross section showing the overall height of the water tower in relation to North Linder Road and West Floating Feather. The revised cross section should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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 11, 2017, 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 3 to 0 (Grubb, Brasher, Schafer, and Baer absent) to approve DR -16-06 MOD for a design review application to modify the common area landscaping within Lanewood Subdivision (AKA: Homestead Subdivision) for Smith Brighton, Inc., with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions of A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12, RZ-04-13/PP- 09-13, DR -16-16, and FPUD-06-14 & FP -15-14. 2. Provide a revised cross section showing the overall height of the water tower in relation to North Linder Road and West Floating Feather. The revised cross section shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide detailed cut sheets of the playground equipment to be located west of the pavilion. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised landscape plan showing a bike rack location near the pool house. Detailed cut sheets of the bike rack showing style, size, color, etc. shall be submitted. The revised landscape plan and detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. No ground mounted mechanical units are proposed with this application and none are approved. 7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. Page 7 of 12 K:1Planning Dept\Eagle Applications\Dr\2016\DR-16-16 MOD Lanewood Sub LS drf.docx 8. No signs are proposed with this application and none are approved. 9. The decorative six foot (6') high wood fence shown on the fence detail sheet. date stamped bv_ the city on April 4. 2017. is annroved. 10. Provide a sample color of the trim color to be used on the pool house. pavilion. and mailbox kiosk buildings. The sample color shall be reviewed and approved bv_ staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 11. Provide a revised landscane plan showing a nathwav nlan connecting the tot lot. pavilion. and pool house areas. The revised landscape plan shall be reviewed and annroved by staff and one member of the Design Review Board nrior to the issuance of a zoning certificate. 12. Provide a lighting plan showing the location of all lighting proposed on the pool house. pavilion. and mailbox kiosk buildings. Provide detailed cut sheets showing the style. wattage. luminaries. etc. of the light fixture(s) to be used. The lighting plan and detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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 and 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. Page 8 of 12 K:\Planning Dept\Eagle Applications\Di 20161DR-16-16 MOD Lanewood Sub LS drtdocx 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 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 issuance of any 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2016\DR-16-16 MOD Lanewood Sub LS drf.docx 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 be 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. 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 approvedprior 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. Page 10 of 12 K:\Planning Dept'Eagle Applications \Dr\2016\DR-16-16 MOD Lanewood Sub LS drf.docx 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 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 -16-16 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. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a subdivision is permitted with the approval of a design review application within the R -3 -DA -P (Residential three with a development agreement and a planned unit development) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the buildings are designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed buildings have been designed with quality materials and similar features utilized on other buildings within the development and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed buildings have been designed with quality materials and similar features utilized on other buildings within the development and is in conformance with the Eagle Site and Architecture Design manual; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed buildings are in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the site has been designed pathways throughout the common areas of the development; and Page 11 of 12 KAPlanning Dept\Eagle Applications\Dd201RDR-16-16 MOD Lanewood Sub LS drf.docx I. Will have signs, if proposed, that are harmonious with the architectural design of the buildings and will not cover or detract from desirable architectural features. DATED this 25th day of May 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grubb, Chairman ATTEST: Sharon Iergmann, Eagle City Jerk Page 12 of 12 KAPlanning DeptWEagle Applications\Dr\2016\DR-16.16 MOD Lanewood Sub LS drf.docx