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Findings - DR - 2020 - DR-83-19 - Lanewood North Sub - Common Area Landscaping/Pool House BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR COMMON ) AREA LANDSCAPING,PAVILION,POOL, ) AND POOL HOUSE WITHIN LANEWOOD ) NORTH SUBDIVISION FOR ) SCS BRIGHTON,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-83-19 The above-entitled design review application came before the Eagle Design Review Board for their action on January 9, 2020. 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; iINDINGS OF FACT: A. PROJECT SUMMARY: SCS Brighton, Inc.,represented by Kody Daffer, is requesting design review approval of the common area landscaping, pavilion(416-square feet), pool,and pool house(924-square feet)within Lanewood North Subdivision.The 81.16-acre site is located between North Lanewood Road and North Linder Road approximately 1,100-feet south of West Beacon Light Road at 2810 North Lanewood Road and 2553 North Linder Road. B. APPLICAI'ION SUBMITTAL: The City of Eagle received the application for this item on December 5,2019.Building elevations were received by the City on December 16, 2019, revised building elevations were received on January 2, 2020. C. NOIICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 11, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS AC11ONS: 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).(The western half of the properly—Ada County parcel#5040212300) On November 26,2019,the Eagle City Council approved an annexation and rezone from RUT(Rural- Urban Transition — Ada County Designation) to R-3-DA-P (Residential with a Development Agreement—PUD), Conditional Use Permit, preliminary development plan, and preliminary plat for Lanewood North Subdivision(A-03-1 9/RZ-08-19/CU-OS-i 9/PPUD-04-19 and PP-06-19). E. COMPANION APPLICA110NS: DR-84-19(Subdivision Entry Monument Signs). F. LAND USE DESIGNA1'iON: Single-Family Residential—Planned Unit Development,permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA1'iONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood R-3-DA-P(Residential Agricultural Residential with a development agreement—PUD) Proposed No Change No change Single-family, Residential Planned Unit Development North of site Neighborhood R2(Medium Low Density Agricultural Residential Residential—Ada County designation)and RUT (Rural-Urban Transition— Ada County designation) South of site Neighborhood R-3-DA-P(Medium Low Future Single-Family Residential Density Residential—Ada Residential(Lanewood County designation)and Subdivision No. 5)and RUT(Rural-Urban Agricultural Transition—Ada County designation) East of site Neighborhood RUT(Rural-Urban Single-Family Residential Residential and Transition—Ada County (unplatted parcels and Neighborhood designation) Foursome Heights Transition Subdivision) West of site Neighborhood R-2-DA-P(Residential Single-Family,Residential Residential with a development Planned Unit Development agreement—PUD) (Brookway Subdivision) H. DESIGN REVIEW OVERLAY DISiRICT:Not in the DDA,'WA,CEDA, or DSDA. L URBAN RENEWAL DIS'i'RICT:No. J. EXIStING SITE CHARAC1ERIS'i'iCS: The site is undeveloped and consists of a Drainage District#2 drain that bisects the western half of the site. Page 2 of 13 KAPlanning DeptTagle Applicarions\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House dr£docx K. SITE DATA: Total Acreage of Site—81.16-acres Total Number of Lots— 184 Residential— 160 Commercial—0 Industrial— Common—24 Total Number of Units- 160 Single-family— 160 Duplex— Multi-family— Total Acreage of Any Out-Parcels—0 L. GENERAL SITE DESIGN FEA1URES: Height and Number of Stories of Proposed Buildings: Pool House=23' 3"; single store. Pavilion= 14' 2"; single story. Mailbox Kiosks,two(2)= 16' 5 1/8"; single story. Gross Floor Area of Proposed Buildings: Pool House=924-square feet. Pavilion=416-square feet. Mailbox Kiosks,two(2)=415-square feet. On and Off-Site Circulation:N/A. Open Space: A total of 20.57-acres(25.5%) of common areas and landscape strips are proposed within the overall development.The common areas consist of a fifty foot(50')landscape buffer along North Linder Road, a thirty five foot(35')landscape buffer along North Lanewood Road,a swimming pool with pool house, two(2)tot lots, a seating area, a pavilion, a twelve foot(12')wide asphalt regional pathway that runs along a piped drainage ditch, common lots located between the streets and side yards of buildable lots located in proximity to the streets, and six foot (6') wide walking paths located throughout the development. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide, except that lesser easement widths,to coincide with respective setbacks,may be considered as part of the planned unit development. The preliminary plat site plan, date stamped by the City on October 30, 2019, Page 3 of 13 KAPlanning DeptEagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx indicates the proposed easements. Fire Hydrants and Water Mains: Hydrants should be installed and approved as required by the Eagle Fire Department. The eastern portion of the proposed development is located within the City of Eagle Municipal Water service area and the western portion of the development is in the Suez Water service area. On-site Septic System(yes or no)-No. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to 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. M. BUILDING DESIGN FEAtURES: Roof: Standing Seam Metal(Rust) Walls: Hardie plank board and batt siding (SW Harbor Mist), El Dorado stone veneer (Boardwalk Cliffstone) Windows/Doors: Vinyl windows, metal doors(Brown) Fascia/Trim: Hardie Board(SW Suitable Brown)O. LANDSCAPING DESIGN: N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. 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. O. [RASH ENCLOSURES:N/A. The applicant is proposing residential trash and recycle receptacles(95-gallon each approx.)which will be stored in unit garages. P. MECHANICAL UNITS: All mechanical units will be located within the mechanical room of pool house.No roof top or ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site plan, landscape plan,and detailed lighting cut sheets were provided identifying the locations of streetlights throughout the subdivision. The height, style, color,wattage,and illumination type of the streetlights comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-84-19)has been submitted for the approval of subdivision monument signage. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City.The site is Page 4 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx located within the City of Eagle Municipal Water and Suez Water and is within the boundaries of the Eagle Sewer District.A water service approval has not been received to date.Approval of the water companies having jurisdiction will be required prior to issuance of any building permits. U. PUBLIC USES PROPOSED:None. V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. W. SPECIAL ON-SITE FEAI'IJRES: Areas of Critical Environmental Concern-No 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-No Wildlife Habitat-No X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. Y. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Eagle City Trails and Pathways Superintendent Eagle City Water Municipal Superintendent Eagle Fire Department Idaho Transportation Department Marathon Pipe Line,LLC (fka Andeavor) Z. LETTERS FROM'[HE PUBLIC:None received to date. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAir ANALYSIS PROVIDED WITHIN THE STAYY REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 11-IIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING 11HIS PROPOSAL: 3.6 Owner shall provide a swimming pool and tot lot located within the common lots within the development. The intent of the swimming pool and tot lot is to provide a venue for activities for the residents of the development. The design and location shall be reviewed and approved Page 5 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx by the Eagle Design Review Board and City Council prior to submittal of a final plat application. 3.7 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum 10-foot wide asphalt pathway along the portion of the Property located adjacent to the Drainage District No. 2 facility. The pathway shall be constructed in conformance with the City of Eagle standards for an asphalt pathway concurrently with the phase of the development where the pathway is located or the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the asphalt pathway to guarantee completion prior to the City Clerk signing the final plat. The specific location and design of the pathway shall be approved by the Design Review Board and City Council prior to submittal of a final plat application. The pathway shall be located within a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat,upon recordation of the final plat(s)wherein the pathway is located. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development,3)elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE F SPECIAL CONCERN REGARDING'[HIS PROPOSAL: 4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). (ECC 9-3-10) 9. The buffer areas located adjacent to North Lanewood Road and North Linder Road shall be extended to 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage) should be improved with 3/4 minus gravel (or approved equivalent)and graded in accordance with the requirements of ACHD. 23. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the Design Review Board)along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees.Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. Page 6 of 13 KAPlanning DeptTagle Applicadons\DA2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS 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. E. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping,pool and pool house, pavilion, and mailbox kiosks for Lanewood North Subdivision. The architecture of the buildings proposed within this development have a farm-style theme with wood, stone and metal accents. Staff defers comment regarding building design and colors to the Design Review Board. • The building elevations of the proposed pool house and pavilion do not show exterior lighting.The applicant should provide revised building elevations of the pool house and the pavilion showing building light locations and provide detailed cutsheets of all lighting showing the style, color, illumination type, etc., to comply with Eagle City Code Section 8-4-4-2. The revised building elevations and detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The building elevations of the proposed pool house and pavilion do not show the color palette and materials of the buildings. The applicant should provide revised building elevations of the pool house and the pavilion showing the color palette and materials of the buildings and roof color. The revised building elevations should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Building elevations of the two proposed mailbox kiosks do not show exterior lighting. The applicant should provide revised building elevations of the two mailbox kiosks showing building light locations and provide detailed cutsheets of all lighting showing the style, color, illumination type, etc., to comply with Eagle City Code Section 8-4-4-2. The revised building elevations and detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The building elevations of the proposed mailbox kiosks do not show the color palette and materials of the buildings. The applicant should provide revised building elevations of the mailbox kiosks showing the color palette and materials of the buildings and roof color. The revised building elevations should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The Trails and Pathways Superintendent, provided email correspondence, dated December 11, 2019,which stated; 1)there is no indication whether the twelve foot(12')wide pathway is a public pathway, 2)there is no indication that the pathway will be paved in asphalt or in concrete,3)a 10- foot wide pathway would suffice,4)there is a note of a public pathway easement,will the public access easement boundaries be on the same footprints as the 50-foot drainage easement?, 5)there • is no detail that reflects the City standard for pathway construction. Pursuant to the approved development agreement,the applicant should provide a revised landscape plan showing the City of Eagle Standard Asphalt Pathway Construction Detail for the 12-foot wide Page 7 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx pathway shown on the plan adjacent to the Drainage District No. 2 facility. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. STAH4'RECOMMENDATION PROVIDED WITHIN THE STAYY 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 below. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on January 9,2020,at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 50:14) Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is in favor of the landscape plan, as well as the pool house, pavilion, and mailbox kiosk buildings design, colors, and materials proposed by the applicant. BOARD DECISION: The Board voted 6 to 0(Baer absent)to recommend approval of DR-83-19 for a design review application of the common area landscaping,pavilion(416-square feet),pool,and pool house(924-square feet)within Lanewood North Subdivision for SCS 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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of A-03-19/RZ-08-19/CU-05-19/PPUD-04-19, PP-06-19, DR- 16-16 MOD,and DR-18-17 and all subsequent modifications. 2. Provide revised building elevations of the pool house and the pavilion showing building light locations and provide detailed cutsheets of all lighting showing the style,color,illumination type,etc.,to comply with Eagle City Code Section 8-4-4-2. The revised building elevations 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. 3. Provide revised building elevations of the pool house and the pavilion showing the color palette and materials of the buildings and roof colors. The revised building elevations 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 revised building elevations of the mailbox kiosks showing building light locations and provide detailed cutsheets of all lighting showing the style,color, illumination type,etc.,to comply with Eagle City Code Section 8-4-4-2. The revised building elevations 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. Provide revised building elevations of the mailbox kiosks showing the color palette and materials of the buildings and roof colors. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 8 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx 6. Provide a revised landscape plan showing the City of Eagle Standard Asphalt Pathway Construction Detail for the -1-2 10-foot wide pathway shown on the plan adjacent to the Drainage District No. 2 facility. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. 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 prior to the issuance of a zoning certificate. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. 12. Provide material boards and sample colors showing the materials and color palette of all buildings and roof colors. The material boards and sample colors shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. 13. Provide detailed cut sheets and photos of the play structures proposed within the two(a)tot lot areas. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. 14. Provide a revised landscape plan showing details of the planting features around the pool area. The revised landscape plan shall be reviewed and approved by staff and two (7) members of the Design Review Board. 15. Provide revised building elevations showing the location, material, and colors of all gutters and downspouts on all proposed buildings within the common areas. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. 16. Provide revised building elevations indicating the metal roof to have concealed fasteners on all proposed buildings within the common areas. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to 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 shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Page 9 of 13 KAPlanning Dept\Eagle Applications\DA2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure,or canal,or drain,for irrigation water or irrigation waste water owned by an organized irrigation district, canal company,ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the final plat. 10. Streetlight 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 streetlight fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the streetlights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. Page 10 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx ,, The applicant shall pay applicable streetlight inspection fees prior to Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction,and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit 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 shallbe complied with. All design and construction Page 1 1 of 13 KAPlanning DeptTagle Applicaaons\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from 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-83-19) 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 common area landscaping, a pavilion, a pool, and a pool house are permitted with the approval of a design review application within the R-3-DA(Residential with a development agreement—PUD)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 common area landscaping is designed to complement the general vicinity and the pavilion and pool house are designed with materials and colors associated with a farm-style architectural theme which complements the general area; Page 12 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx 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 as anticipated within the zoning district since the site has on-site covered parking within the single-family residential lots and meets the required parking for the proposed use; 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 that are consistent with farm-style architecture approved within the development agreement and will harmonize with proposed buildings within the vicinity; 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 are designed with materials and colors associated with a farm-style of architecture approved within the development agreement and designed to complement the proposed buildings in the vicinity; 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 regulations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with walkways and a pathway that provide pedestrian connectivity throughout the subdivision; 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 there are walkways and a pathway with amenities for the residence throughout the subdivision; and I. No signs are proposed with this application. All signs, if approved, will be required to be harmonious with the architectural design of the building and will not cover or detract from the desirable architectural features. DATED this 23`d day of January 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho CIT 1o Brasher; '4„ '�J ���,* ••••••••••••� ,'• CraiChairman ♦ _.,_ : .••0CORP vt, ATTEST: :• '�: S' •�, � ;r _ • • . a C S.*'• 'RR J -.4 it ''',,,`", AHO 4 „,- 0JSharon K. Bergmann, Eaale City Clerk Page 13 of 13 K\Planning Dept\Eagle Applications\Dr\2019\DR-83-19 Lanewood North Sub LS Pavilion and Pool House drf.docx