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Findings - CC - 2020 - DR-85-19 - Wild Rose Subd Landscape ORIGtNAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN WILD ROSE ) SUBDIVISION FOR MARTY K. CAMBERLANGO) i'INDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-85-19 The above-entitled design review application came before the Eagle City Council for their action on February 25,2020. The Eagle City Council having heard and taken oral and written testimony,and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; i'INDINGS OF FACT: A. PROJECT SUMMARY: Marty K. Camberlango is requesting design review approval for the common area landscaping within Wild Rose Subdivision. The 3.3-acre site is located on the south side of East Hill Road approximately 535-feet east of the intersection of North Edgewood Lane and East Hill Road. B. APPLICAI'ION SUBMITTAL: The City of Eagle received the application for this item on December 10, 2019. Supplemental information(revised landscape plan)was received by the City on January 15,2020. C. NO 110E OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 16, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS AC11ONS: On May 14,2019,the City Council approved a conditional use permit,preliminary development plan, and preliminary plat for Wild Rose Subdivision, a 13-lot(9-buildable,4-common)residential planned unit development(CU-06-1 8/PPUD-04-1 8/PP-10-18). E. COMPANION APPLICA1'iONS:None. F. LAND USE DESIGNA'i'iON: Single-family dwelling, permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA1'iONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential R-4(Residential) Vacant parcel Proposed No change No change Residential subdivision North of site Compact Residential A-R(Agricultural- Single-family dwellings Residential)and R-3 (Residential) • South of site Compact Residential R-4(Residential) Single-family residential subdivision(Edgewood Estates Subdivision No. 2) East of site Compact Residential R-4(Residential) Single-family residential subdivision(Chaumont Subdivision No. 1) West of site Compact Residential R-4(Residential) Single-family residential subdivision(Patterson Subdivision) H. DESIGN REVIEW OVERLAY DISiRICT:Not in the DDA, IDA, CEDA, or DSDA. I. URBAN RENEWAL DISiRICT:No. J. EXISl1NG SITE CHARACIERISTICS: There is an existing drainage ditch(New Dry Creek Ditch) located east of the buildable lots. K. SITE DATA: Total Acreage of Site—3.3-acres Total Number of Lots— 13 Residential—9 Commercial— Industrial—0 Common—4 Total Number of Units-9 Single-family—9 Duplex— Multi-family— Total Acreage of Any Out-Parcels— L. GENERAL SITE DESIGN FEA'i'IJRES: Landscape Screening: The northern property line is located adjacent to East Hill Road which is classified as a collector. The applicant is proposing a 35-foot wide buffer area located adjacent to East Hill Road. Open Space: A total of 42,020-square feet (.96-acres), approximately 29.2% of open space is proposed within the residential subdivision.The open space is inclusive of the buffer area located adjacent to East Hill Road Page 2 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx and a lot located on the east side of the New Dry Creek Ditch. The site also contains a common lot (30,506-square feet)which contains the private street(Lot 12, Block 1). The area associated with Lot 12,Block 1, is not included in the open space area calculation. 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 a planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—No Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets)shall be preserved in the design of the subdivision. 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 FEA1URES:N/A N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are six existing trees on the site that are proposed to be removed. The landscape plan, date stamped by the City on January 15, 2020, states that the six trees are weak trees and are Elm, Russian Olive,and Locust species. Below is a list of all existing trees proposed to be removed identified on the landscape plan,date stamped by the City on January 15,2020. Tree Specie Caliper Condition Replacement Inches per ECC Elm, Russian Olive, Unknown Weed trees/Mitigation not 0" Locust(6) required per Eagle City Code Total caliper inches of trees required to be replaced on site 0" Total caliper inches proposed for mitigation 0" Page 3 of 13 K:\Planning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf dcex i,_IWV,m _. l i ili......iUlll.iilhl„iilliiiw..iAullPiiupiilllilllillilhiilllliliUi i..l li.Pini .Ill.lu _ . i. i.. .l V.uYlpi i.a.I_ioium•poolf ;;. ,..iillillim.itlliu.iu.ili,iimniilili iim...w,,....u .ii., . . . . . ,., _. i I_ i..,IIIiV iI it I,diMi IM 4.,.PtlJlpi,.„, ., w-,.:. •..:.� .” y�'"d1u...•..,.•t ,.,`',a .•� t\ aye \ c < u ;`iu ,...,.o, .... •....w., ...•. . r ..,,_,.. .t..` ...:...._x....N...,....,.,.<•+r+.a.. , '.0 Yt�.8'. r__......._...._._... ..:. _......t.M.a...,:: �Wa�ie"�r ut�w.y'..rr'�� ,. .. 'a��',�w. w n+ �Mr• r K ! IP uun.4 of .a .. ,..w ,w.+k„'�Clwa �`�,�, .V.° •. _` ,4o, tk "�" .ems ""ql".. �lM� �. lit,•. _. i � u.,...�„�"M4M�al1 wu A�+IYrwrir.,rlM+wY..• . r � .. .. � Tree Replacement Calculations: No mitigation is required. Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board. Street Trees: There are existing street trees along East Hill Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: N/A O. TRASH ENCLOSURES: N/A P. MECHANICAL UNITS: N/A Q. OUTDOOR LIGHTING: There is an existing streetlight located adjacent to East Hill Road at the entrance to the subdivision and an existing historic streetlight located adjacent to East Hill Road that was installed when the Hill Road improvements were completed.No additional subdivision lighting is required. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to the issuance of any building permits. S. 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. T. PUBLIC USES PROPOSED: None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion- no Fish Habitat- no Floodplain - no Mature Trees—yes—located adjacent to the west side of the New Dry Creek Ditch and the southwest corner of the development Riparian Vegetation - no Steep Slopes—no Stream/Creek—yes—New Dry Creek Ditch Page 4 of 13 K.\Planning Dept\Eagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx Unique Animal Life-unknown Unique Plant Life-unknown Unstable Soils-no Wildlife Habitat-unknown W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Idaho Transportation Department New Dry Creek Ditch Company Y. LETTERS FROM'I'HE PUBLIC:None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFY ANALYSIS PROV1I)ED WITHIN THE STAi 'REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING iFIIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Compact Residential Suitable for single family residential,row houses,duplex and four-plexes. Densities range from 4- units per acre to 8-units per acre. B. PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING'[HIS PROPOSAL: 3. 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). 6. Provide a revised preliminary plat showing Lots 1 and 13,Block 1,at a minimum 35-feet in width located adjacent to East Hill Road prior to submittal of a final plat application or submit an Alternative Method of Compliance application with a Design Review application. The Design Review application shall be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. 13. Provide a mechanism for preventing private vehicle access on the emergency access drives providing connection between Primrose Lane and East Hill Drive within the Design Review application. The Design Review application should be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. 15. The applicant shall be required to construct vertical curbing located adjacent to the north side of the private street (with the exception of the area located adjacent to the buildable lots). The applicant shall provide a revised preliminary plat showing the private street typical section with vertical curbing located on north side of the private street(with the exception of the area located adjacent to the buildable lots). The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. Page 5 of 13 KAPlanning DeptTagle Applicarions\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx 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. 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. 24. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction)to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 25. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. 29. The applicant shall provide a minimum of 15%active open space(to be reviewed and approved by the Design Review Board and City Council). C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING'IHIS 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. • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 4.Major Roadways:New residential developments, including,but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors,arterials, freeways,or expressways,to protect residential communities from noisy,potentially dangerous,high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners'association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing,as noted below, shall be measured from the elevation of the final grade of the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width,plantings,and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: Page 6 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx A minimum of thirty five feet(35')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: four (4)shade trees, five(5)evergreen 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 five foot(5')high,maximum eight foot(8')high, berm,decorative block wall, 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 decorative block wall, 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 shall be provided for the placement of the decorative wall. Chainlink,cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. D. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Wild Rose Subdivision,a 13-lot(9-buildable,4 common)residential planned unit development. The common area consists of buffers along East Hill Road and a common lot with a walking path, garden boxes,and BBQs. Staff defers comment regarding the common area landscaping to the Design Review Board. • The landscape plan shows trees and shrubs planted adjacent to East Hill Road without a berm shown. East Hill Road is classified as a residential collector and pursuant to Eagle City Code Section 8-2A-7(J)(4)(a),a 35-foot wide buffer,with a five-foot high minimum to eight-foot high berm and planted with four shade trees,five evergreen trees, and twenty shrubs per 100-linear feet is required. The applicant has met the required number of trees and shrubs required. The applicant should be required to provide a revised landscape plan showing the 35-foot wide landscape buffer to have a five-foot high minimum to eight-foot high maximum berm adjacent to East Hill Road. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. • The landscape plan shows a detail of a four-foot tall open style fence;however,the location of the fence is not shown on the plan. The applicant should be required to provide a revised landscape plan showing the location of all proposed fencing. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. STAFY RECOMMENDATION PROVIliED 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 January 23, 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 1:55:29) Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: Page 7 of 13 K:\Planning DeptTagle Applicaaons\DA2019\DR-85-19 Wild Rose Subdivision LS ccf.docx • The Board is in favor of the proposed common area landscaping and amenities proposed within the common area. BOARD DECISION: The Board voted 6 to 0(Grubb absent)to recommend approval of DR-85-19 for a design review application for the common area landscaping within Wild Rose Subdivision for Marty K. Camberlango, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated February 13,2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on February 25,2020 at which time the Council made their decision. B. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-85-19 for a design review application for the common area landscaping within Wild Rose Subdivision for Marty K. Camberlango,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU-06-18/PPUD-04-18/PP-i 0-18. 2. The revised landscape plan,date stamped by the City on January 23, 2020, showing a 5-foot berm adjacent to East Hill Road is approved. 3. The revised landscape plan,date stamped by the City on January 23,2020, showing the location of all proposed fencing is approved. 4. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 10. No signs are proposed with this application and none are approved. 11. Provide a revised landscape plan showing the material proposed to be used in the construction of the garden boxes(i.e.: artificial wood such as Trexdex or pressure treated wood).The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. 12. Provide a revised landscape plan showing the barbeque grills relocated away from the tree canopies in the common area.The revised landscape plan shall be reviewed and approved by staff and one Page 8 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx member of the Design Review Board prior to approval of the final plat application. 13. Provide a revised landscape plan showing all landscaping to be watered by an underground automatic watering system. The revised landscape plan 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 the location of the guest parking along Jade Creek Lane. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. 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. 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 Page 9 of 13 K:\Planning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS cc£docx 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. 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. Page 10 of 13 KAPlanning DeptTagle Applicarions\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx 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 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. Page 1 1 of 13 K:\Planning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-85-19) 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 Council 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 subdivision landscaping is permitted with the approval of a design review application within the R-4(Residential)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 proposed common area landscaping is designed to complement the general vicinity; 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—Not applicable for a landscape plan; 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; 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—Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development — Not applicable for a landscape plan; 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 residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. Page 12 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx DATED this 25th day of February 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ( > „,„,,,taa,,,,,,,,e♦`' EAC *� mss- 0 p Op®°pppp Vt`~ J s Pierce, Mayor : A, °• D R A i.°°p F : ° V ° : : ° U - a s ATTEST: •:4( p Po�'; D �i °°°p,��('t11Z1'�11��`°p° �• 4 T E Eft SI * Ili i n►notl• haron . Bergmann, Eagle City Cl rk Page 13 of 13 K:\Planning Dept\Eagle Applications\Dr\2019\DR-85-19 Wild Rose Subdivision LS ccf.docx