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Findings - DR - 2003 - DR-74-02 - Common Area Landscaping Alderwood Village Subdivision 825 W State St BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW OF THE COMMON AREA LANDSCAPING WITHIN ALDERWOOD VILLAGE SUBDIVISION FOR JLJ ENTERPRISES INc. ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR- 74-02 The above-entitled design review application came before the Eagle Design Review Board for their action on December 12, 2002, and again on February 13, 2003, upon request by the City Council. The Eagle 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: JLJ Enterprises Inc., represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping within Alderwood Village Subdivision. The site is located south side of State Street approximately Y2-mile west of Eagle Road at 825 West State Street B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 7,2002. C. NOTICE OF PUBLIC HEARING: Notice of this public hearing was mailed to abutting property owners of the subject property in accordance with the requirements of Eagle City Code on November 22, 2002. Requests for agencies' reviews were transmitted on November 8, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None On December 12, 2002, the Design Review Board approved a design review application for the common area landscaping within Alderwood Village Subdivision. On January 14,2003, the Eagle City Council approved a conditional use application, preliminary development plan application, and preliminary plat application for Alderwood Village Subdivision. STAFF ANALYSIS PROVIDED WITHIN THE ORIGINAL STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Four. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A- 7(C)(1) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project site Page 1 of 13 KIPlanning DeptlEagle ApplicationslDrl2002lDR- 74-02 land drfdoc (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches cal. 61/4 inches to 12 inches 121/4 inches or more Replacement 2x cal. of tree removed 1.5x cal. of tree removed I x cal. of tree removed . Section 8-2A- 7(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C I of this Section. . Section 8-2A-7(C)(3) Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk. . Section 8-2A-7(C)(4) Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. . Section 8-2A-7(J)(4)(c) A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl fence, decorative block wall or cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area at the top of the berm shall be provided for the placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. The ten foot (10') minimum height requirement for the berming/fencing shall be permitted to be decreased one foot (1 ') for every thirteen feet (13 ') of additional buffer area added to the seventy five foot (75') wide buffer noted above. . Section 8-2A- 7(E)(7) All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material. Page 2 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002\DR- 74-02 land drfdoe . Section 8-2A- 7(J)(6)(a) For design flexibility, half of the required shade trees may be substituted on a two-to-one (2: I) basis with ornamental and evergreen trees. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The applicant shall provide a letter from the Eagle Fire District approving the design of a turnaround at the southeast terminus of Alderwood Street. Any overhead utilities serving the existing dwelling on Lot 2, Block I, shall be relocated underground. The applicant shall submit a design review application showing proposed subdivision signage and a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and berming, fencing, and planting details within the required 50-foot wide buffer area (unless an alternate method of compliance is approved by the Board) along State Street abutting this site for review and approval by the Design Review Board prior to City approval of a final plat. The applicant shall submit a design review application showing proposed landscaping to be located adjacent to the rear of the houses and adjacent to the 20-foot wide paved access easement (to provide variety between the houses) for review and approval by the Design Review Board prior to City approval of a final plat. The applicant shall submit a design review application with a landscape plan showing planting details within the common lot area between Alderwood A venue and the existing residential subdivision to the east, including the area adjacent to the curve between Alderwood Avenue and Aikens Street. The planting details shall show how the residences to the east will be screened from vehicle headlights traveling east on Aikens Street to Alderwood Avenue. The plans shall be submitted for review and approval by the Design Review Board prior to City approval of a final plat. . . . . . The developer shall provide 3-inch minimum caliper 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 located as shown on the landscape plan date stamped by the City on September 12,2002. The trees shall be located in the 5-foot wide landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Construct curb, gutter and a minimum 5-foot wide meandering concrete sidewalk along State Street abutting this site generally in the location depicted on the preliminary plat date stamped by the City on October 24, 2002, and extending from the northeast corner of this development to the northwest corner of the parcel located at 835 West State Street, prior to the City Clerk signing the final plat. . . A five-foot wide concrete sidewalk will not be required abutting the eastern side of Alderwood Street (for only the first 250-feet of roadway extending south of the State Street right-of-way) UNLESS the Council determines that a 5-foot wide concrete sidewalk is required along the Page 3 of 13 K:IPlanning DeptlEagle ApplicationslDrl20o2lDR- 74-02 land drf.doc . eastern side of the roadway. The applicant shall install "No Parking" signs along one side of the internal roadways, prior to the issuance of any building permits. The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch regarding approval of any landscape improvements or tiling of the ditch that runs westerly through the property. All healthy trees (as determined by a certified arborist) shall be preserved and integrated into the open space design for the development. A revised preliminary development plan and revised landscape plan showing how the trees will be integrated into the open space areas shall be provided for Design Review Board approval prior to Council approval of a final development plan. . . . Useable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall also be reviewed and approved by the Design Review Board. A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas UNLESS it is determined that an outside maintenance contractor hired to care for the common area will satisfy this requirement. If the Council determines that an outside maintenance contractor is more appropriate than an on-site maintenance building, the applicant should provide a copy of the CC&Rs for review which define the guidelines for the contracting of an outside maintenance firm. If a maintenance building is required, then the applicant should be required to obtain design review approval and should construct the maintenance building prior to City Clerk signing the final plat. The applicant shall install a fence along both the eastern and western property lines, extending the length from the north to the south of the development. The fencing height and materials shall be submitted for review and approval by the Design Review Board prior to City approval of a final plat. . . D. DISCUSSION: . There are two (2) eighteen inch (18") caliper flowering trees, one forty eight inch (48") caliper silver maple tree, one eighteen foot (18') tall blue spruce tree, one twenty four inch (24") caliper oak tree and several black locust trees on this site. The applicant is proposing to retain the two (2) eighteen inch (18") caliper flowering trees and the one forty eight inch (48") caliper silver maple tree. The eighteen foot (18') tall blue spruce is proposed to be moved to the park area near the tot lot. The twenty four inch (24") caliper oak tree and all the black locust trees located in the future right-of-way of Alderwood Street are proposed to be removed. The applicant should be required to provide a revised landscape plan showing the addition of twenty four inches (24") of tree caliper replaced on-site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk sIgning the final plat. The landscape plan (sheet L-1) date stamped by the City on December 3,2002, shows a four foot (4') high landscape berm at the southern property line of this site along State Highway 44 along the south property line of this site. Per Eagle City Code, a minimum often foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl fence, decorative block wall or cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof is required to . Page 4 of 13 K:\Planning DeptlEagle Applications\Dr\2002\DR-74-02Iand drf.doc . be provided within the buffer area. There is sufficient room within the park area for the applicant to decrease the height ofthe berm by six feet (6'). However, the applicant has not proposed enough plant material per one hundred (100) linear feet of frontage. Per Eagle City Code, this site is required to have a minimum of twenty four (24) deciduous trees, sixteen (l6) flowering/ornamental trees, forty (40) evergreen trees, and ninety six (96) shrubs along the frontage of State Highway 44. The landscape plan (sheet L-1) date stamped by the City on December 3, 2002, shows nineteen (19) deciduous trees, sixteen (16) flowering/ornamental trees, thirty two (32) evergreen trees, and one hundred and three (103) shrubs within the park area. The applicant should be required to provide a revised landscape plan showing the addition of five (5) deciduous trees and eight (8) evergreen trees within the park area abutting State Highway 44. TIle revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. The landscape plan (sheet L-l) date stamped by the City on December 3,2002, shows a six foot (6') high cedar dog ear fence near the base ofthe berm along State Highway 44, on the east property line and on the west property line of this site. Per Eagle City Code, chainlink, cedar, and similar high maintenance and/or unsightly fencing is not permitted. The applicant should be required to provide detailed cut sheets showing the fence to be constructed of a material other than chainlink, cedar, or other similar high maintenance material. The material, style, type, color, etc. should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. The applicant has indicated on the landscape plan (sheet L-I) date stamped by the City on December 5, 2002, a typical landscape plan to be located adjacent to the rear of the houses and adjacent to the twenty foot (20') wide paved access easement. The layout of the plants as shown on the landscape plan (sheet L-I) date stamped by the City on December 3, 2002, is permitted to vary from this typical plant design. If an individual lot owner wants to vary from the typical landscape design a revised landscape plan should be submitted to the City of Eagle Planning and Zoning Department for review and approval prior to installation of any plant material. All required landscaping adjacent to the rear of the houses and adjacent to the twenty foot (20') wide paved access easement should be installed prior to the City issuing a certificate of occupancy permit for each home. . . Per the Planning and Zoning Commission's recommendation to the City Council, a maintenance building should be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas UNLESS it is determined that an outside maintenance contractor hired to care for the common area will satisfy this requirement. If the Council determines that an outside maintenance contractor is more appropriate than an on-site maintenance building, the applicant should provide a copy of the CC&Rs for review which define the guidelines for the contracting of an outside maintenance firm. If a maintenance building is required, then the applicant should be required to obtain design review approval and should construct the maintenance building prior to City Clerk signing the final plat. Staff defers comment regarding the landscaping to the Design Review Board. . ST AFF ANALYSIS PROVIDED WITHIN THE STAFF MEMORANDUM TO THE BOARD DATED FEBRUARY 6, 2003: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Four. Page 5 of 13 KIPlanning DeptlEagle ApplicationsIDrI2002IDR-74-02land drfdoc B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-7(C)(1) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches cal. 61/4 inches to 12 inches 121/4 inches or more Replacement 2x cal. of tree removed 1.5x cal. of tree removed 1 x cal. of tree removed . Section 8-2A- 7(0)(3) Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. C. DISCUSSION: . On January 6, 2003, the applicant submitted an arborist report completed by Linda Jarsky (certified arborist) which provides detailed descriptions for each of the trees located on this site. There are fifteen (15) existing trees on this site located around the existing house and on the east property line. The applicant is proposing to retain several of the existing trees located on the north side ofthe existing house abutting State Street. The twenty five foot (25') high Colorado Blue Spruce tree is proposed to be moved to the park area located at the southern portion of this development. There are ten (10) trees along the east side of the existing house that the applicant is proposing to remove, which total two hundred and thirty nine (239") inches of tree caliper. The arborist report provides detailed descriptions for each of the existing trees on this site. Many of the trees located along the east property line of this site are noted within the arborist report to be in severe stress or decline. Per Eagle City Code, the applicant is required to provide two hundred and thirty nine (239") inches replacement tree caliper on site or submit a financial contribution to the Eagle City Tree Fund in lieu of retaining or replacing the trees on site. The Design Review Board has determined that a replacement value per caliper inch of deciduous tree removed and the value per three feet (3') of height of evergreen tree removed from a site to be $150.00. If the applicant were required to provide a financial contribution to the Eagle City Tree Fund for the two hundred and thirty nine (239") inches of tree caliper removed from this site the amount would be $35,850.00. Staff has determined that there are four options regarding the trees located on this site 1) retain the trees on site, which would require the public access to this site to be redesigned, 2) provide $35,850.00 to the Eagle City Tree Fund for trees removed from this site, 3) increase the caliper Page 6 of 13 K:IPlanning DeptlEagle Applications\Dr\2002\DR- 74-02 land drfdoc . inches of trees proposed on this site, or 4) provide a combination of a monetary contribution to the Eagle City Tree Fund and increase the caliper inches of tree proposed on this site. The Design Review Board should deliberate as to which option the applicant will be required to comply with. The applicant has proposed seven (7) guest parking spaces on the south side of Alderwood Street near the park site. The applicant should be required to provide a revised landscape plan showing the addition of a historic light fixture in the vicinity of the guest parking spaces. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. The applicant is proposing a ten foot by ten foot (10' by 10') covered shelter to be located near the tot lot in the park area. The applicant should be required to provide detailed elevation plans showing the style, materials, and colors to be used in the construction of the covered patio. The detailed elevations plans should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. . STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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. STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF MEMORANDUM TO THE BOARD: 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 memorandum to the Board. PUBLIC HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on December 12, 2002, at which time testimony was taken and the public hearing was closed. The Board made their initial decision at that time. A second meeting on the application was held on February 13, 2003, at which time the Board made their final 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). D. Oral testimony neither in opposition of in favor of this proposal was presented to the Design Review Board by two individuals with concerns regarding the landscape buffer along the east property line. BOARD DECISION: On December 12,2002, the Design Review Board voted 3 to 0 (Barnes, Floegel, McCullough and Stanger absent) to approve DR- 74-02 common area landscaping within Alderwood Village Subdivision. On February 13,2003, upon a second review as requested by the City Council, the Design Review Board voted 5 to 0 (Christensen and McCullough absent) to approve DR- 74-02 common area landscaping within Alderwood Village Subdivision 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. Page 7 of 13 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-74-02 land drfdoc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions ofCU-IO-02/PPUD-3-02/PP-6-02 (conditional use permit, preliminary development plan, preliminary plat of Alderwood Village Subdivision). 2. The landscape plan date stamped by the City on February 13.2003. showing the addition ofa historic light fixture near the guest parking spaces is approved. Provide a revised landscape plan sho\ving the addition of a historic light fixture iR the vicinity of the guest parking spaces. The re'lÌsed landscape plan shall be reyitr.ved and approved by staff prior to the City Clerk signing the final plat. 3. The detailed elevation plans date stamped by the City on February 13.2003. showing the style. materials. and colors to be used in the construction of the covered patio are approved. Provide detailed elevatioR plaRs showing the style, materials, æd colors to be used in the oonstruetioR ofth@ covered patio. The detailed elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the Cit'/ Clerk signing the final plat. 4. If an individual lot owner wants to vary from the typical landscape design date stamped by the City on February 27.2003. along the alley which includes one three inch (3") caliper tree per lot and sufficient plantings to buffer the buildings. a revised landscape plan shall be submitted to the City of Eagle Planning and Zoning Department for review and approval prior to installation of any plant material. All required landscaping adjacent to the rear of the houses and adjacent to the twenty foot (20') wide paved access easement shall be installed prior to the City issuing a certitìcate of occupancy permit for each home. 5. The developer shall be responsible for the installation of all street trees shown on the corners of the individual homeowner lots. The trees shall be installed prior to the homeowner receiving a certificate of occupancy, unless inclement weather prohibits installation of said landscaping. 6. Provide detailed elevations of any structures proposed to house the irrigation pump. The detailed elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 7. The applicant shall identify and make available through city records the location of the existing constructed fence along the residential properties at the eastern boundary line prior to the City Clerk signing the final plat. 8. The A landscape plan date stamped by the City on February 5. 2003. showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of the tree or at the drip line of the tree (whichever is closer» to prevent any damage within the drip line ofthe trees is approved. 5ftal.l be submitted to the City. The construction fencing shall be installed prior to commencing any site work. A cup or dam shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within the drip line of the trees. 9. Work with the gas, electrical and phone companies to provide screening of any proposed gas regulation stations, electrical transformers and phone distribution boxes with landscaping on the non- operational sides to provide screening of that equipment from view. The applicant shall be required to provide a revised landscape plan showing the plant material planted around the equipment. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 10. Provide a license agreement from ACHD approving the landscaping located within the public right- of-way of State Street abutting the northern boundary of this site prior to the City Clerk signing the Page 8 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2o02IDR- 74-02 land drfdoc final plat. II. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City Clerk signing the final plat. 12. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 13. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 14. The proposed building elevations showing the architectural desi~ elements used to create a "Neo- traditional" house style date stamped by the City on February 5. 2003. are approved. ST ANDARD 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 any building permits or Certificate of Occupancy, whichever occurs first. 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. Page 9 of 13 K:\Planning DeptlEagle ApplicationsIDr\20o2\DR- 74-02 land drf.doc 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 (I) 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. 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. 10. 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. II. 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. 12. 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 ofthe 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. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to Page 10 of 13 KIPlanning DeptlEagle Applications\Dr\2002\DR- 74-02 land drfdoc issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. 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. 15. 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. 16. 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 ofa building permit or Certificate of Occupancy, whichever occurs first. 17. 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. 18. Basements in the flood plain are prohibited. 19. 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. 20. 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 Planning and Zoning Commission for review and approval. 21. 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. 22. 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. 23. Any change by the applicant in the planned use ofthe 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. 24. 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 Design Review Board approval date). 25. 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. Page 11 of 13 K:IPlanning DeptlEagle ApplicationsIDrI2002IDR-74-02Iand drfdoc 26. 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 November 7, 2002. 2. Notice of this public hearing was mailed to abutting property owners of the subject property in accordance with the requirements of Eagle City Code on November 22, 2002. Requests for agencies' reviews were transmitted on November 8, 2002 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- 74-02) with regard to the Eagle City Code Title 8, Chapter 2, Article A. DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 4. The Design Review Board supports the removal of the two hundred and thirty nine inches (239") of tree caliper from this site with the requirement that the developer install one hundred and thirty two inches (132") of replacement tree caliper on this site. Based upon the declining health of many of the trees on this site, a total of one hundred and seven inches (101") of tree caliper are not required to be replaced on-site or within a monetary amount to the City Tree Fund. The one hundred and thirty two inches (132") ofreplacement tree caliper includes the following: a) Each lot shall have one (1) three inch (3") caliper tree installed on each lot prior to the City issuing a Certificate of Occupancy permit for the residence (totals 90-inches of tree caliper), b) Increased the height of three (3) evergreen trees located on the east property line near the entrance to this development from six to seven feet (6' to 7') in height to a minimum of ten to twelve feet (10' to 12') in height (totals 15-inches of tree caliper), c) The addition of one three inch (3") caliper deciduous tree on the east property line near the entrance to this development (totals 3-inches of tree caliper), and d) The additional eight (8) three inch (3") caliper trees already proposed on this site (totals 24-inches of tree caliper). Page 12 of 13 K:IPlanning DeptlEagle ApplicationslDrl2002lDR- 74-02 land drfdoe DATED this 27th day of February 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ", """""". ~"" OF E<4 '.4It- ~ ~--t ..,..... ()þ "' ~ ...... .. .. ~~ ! v.... ~\'OR""».~. . .,.0 ~ . . v . . * : * . -.- : . .. ~ ~ SEAL$ ... ..<:'0 :'0 0 \. úI;. ..!ÞOR"'~" ~ , ##, -17' ....... ~ ~ ." "" 'E OF \ ".." """,...."" ~ t;.-i-<'~ ~ ?à~ haron K. Moore, Eagle City C erk Page 13 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002\DR-74-02Iand drfdoc