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Findings - DR - 2013 - DR-47-12 - Construct Common Area Landscaping W/Countryland Subdivision • BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT THE ) COMMON AREA LANDSCAPING WITH ) COUNTRYLAND SUBDIVSION FOR MCMASTER ) CONSTRUCTION AND DEVELOPMENT INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-47-12 The above-entitled design review application came before the Eagle Design Review Board for their action on March 14, 2013. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: McMaster Construction and Development Inc., represented by Scott Noriyuki with Northside management, is requesting design review approval to install the common area landscaping within Countryland Subdivision. The 6.6-acre site is located on the north side of West State Street between Timberland and Countryside Estates Subdivisions, approximately 700-feet west of Ballantyne Lane at 2556 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 30, 2012, and supplemental information was received on February 22, 2013. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 30, 2012, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 9, 2007,the Eagle City Council approved a comprehensive plan amendment, annexation, rezone with development agreement and a 16-lot preliminary plat for Countryland Subdivision(CPA-03-06/A-09-06/RZ-10-06/PP-11-06). On April 10, 2007,the Eagle City Council approved a design review application for Countryland Subdivision(DR-08-07). On February 12, 2008,Eagle City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2009 (PP-11-06 EXT). On October 28, 2008,the City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2010 (EXT-18-08). On January 26, 2010,the City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2011 (EXT-01-10). On January 25, 2011,the City Council approved an extension of time application for Countryland Subdivision to be valid until January 9,2012 (EXT-01-11). Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drEdoc On February 19, 2013,the Eagle Planning and Zoning Commission approved a modification to the development agreement and preliminary plan associated with Country land Subdivision(RZ- 10-06 MOD and PP-11-06 MOD). E. COMPANION APPLICATIONS: RZ-10-06 MOD and PP-11-06 MOD (modification to the development agreement and preliminary plat associated with Country land Subdivision). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One(up to R-2-DA(Residential with a Existing house and one dwelling units per Development Agreement outbuildings(proposed acre maximum maximum of 1.82 units per Country land Subdivision) acre) Proposed Transitional Residential R-2-DA(Residential with a One(1)additional Development Agreement residential lot to the maximum of 1.97 units per proposed Country land acre) Subdivision North of site Residential One(up to R-1 (Residential) Redwood Creek one dwelling units per Subdivision acre maximum South of site Residential One(up to RUT(Ada County Single-family dwellings one dwelling units per Designation) acre maximum East of site Residential Two(up to R-2 (Residential) Countryside Estates Two dwelling units per Subdivision acre maximum) West of site Residential One(up to R-1 (Residential) Timberland Subdivision one dwelling units per acre maximum G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are numerous trees located along the east and western boundaries of the proposed project. The applicant is proposing to retain these trees. I. SITE DATA: Total Acreage of Site—6.6-acres Total Number of Lots— 17 Residential— 13 Commercial—0 Industrial—0 Common—4 Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47.12 Countryland LS dr£doc Total Number of Units- Single-family— 13 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1.97-units per acre Two units per acre maximum Minimum Lot Size 12,910-square feet 17,000-square feet Minimum Lot Width 92-feet 75-feet Minimum Street Frontage 41-feet 35-feet Total Acreage of Common Area 0.78-acres(33,997-square feet) 28,750-square feet minimum Percent of Site as Common Area 11.8%(excludes planter strips) 10%minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings:Two trellis structures. Height and Number of Stories of Proposed Buildings: The height of the trellis structures is unknown. Gross Floor Area of Proposed Buildings:N/A On and Off-Site Circulation:N/A K. BUILDING DESIGN FEATURES:N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board Street Trees: The applicant is proposing street trees along all internal streets within the development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A M. TRASH ENCLOSURES:N/A Page 3 of 14 K:\Plarmmg Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drfdoc N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height,and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have 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. R. PUBLIC USES PROPOSED:None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—Yes—see sheets L1.1 and L1.2 Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments,which appear to be of special concern, are noted below: Ada County Highway District—Landscape plans are required with the submittal of the civil plans and must meet all District requirements prior to signature of the final plat. Boise Flood Control District#10— This development is outside their boundaries. Central District Health—No objections. Chevron Pipe Line Company—No conflicts. Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drf.doc Department of Environmental Quality—General concerns regarding air quality, wastewater and recycled water, drinking water, surface water, hazardous waste and ground water contamination. Eagle Fire Department—No opposition to this application. Idaho Department of Lands -Project does not impact State Trust Lands at this time. Idaho Transportation Department—No objection to the proposed application. Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.—Outside their service boundary. W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Residential Transition Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing and proposed uses. Commonly requires changes to lot dimensions and scaling, see specific planning areas for a complete description. B. PRELIMIANRY PLAT PROVISISION,WHICH ARE OF SPECAL CONCERN REGARDING THIS PROPOSAL • Provide a landscape plan showing berming, fencing, and planting details within the required 75- foot wide buffer area along State Highway 44 abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. • The applicant shall submit a design review application and landscape plan showing trees, landscaping, berming, proposed signage, and planting details within the required buffer area along State Highway 44 abutting this site and any proposed signage and fencing for review and approval by the Design Review Board prior to the submittal of a final plat application. • Extend the landscaping within the required buffer area along State Highway 44 to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement(along the entire frontage of this site)shall be graveled as approved by ITD. The gravel shoulder area shall be maintained and kept free of weeds and debris. • Provide a revised preliminary plat and landscape plan showing Lot 3, Block 2 developed with a meandering pedestrian pathway a minimum of six feet(6') and access to the State Street corridor. An easement and/or dedicated pathway should be developed along the west side of the subdivision between Lots 1 and 2 of Block 2. Fencing along the pathway should be limited to 4 feet in height. • 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 at each side property line, or as approved by the Design Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. 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. Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR 17-12 Countryland LS drfdoc • All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. 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 City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. • Provide detailed building elevations of any structures proposed to house the pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. • Useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, 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 be reviewed and approved by the Design Review Board,prior to the City approving a final plat. • The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. C. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-6(A)(5) Utilities:Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. • Eagle City Code Section 8-2A-6(B)(3)Fences: a. Vinyl: integral color required; b. Block(with columns); c. Brick(with columns); d. Wrought iron; e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2A-7(C)(1)Existing Vegetation 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 Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more lx caliper of tree removed Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drf doc In all cases,planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example:An eight inch(8")caliper tree is removed, an acceptable replacement would be three (3)4-inch caliper trees or four(4) 3-inch caliper trees. 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 Cl of this section. 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. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-10 Fences: 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 subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-6(D) Pathway Design: While the city may exercise considerable discretion in determining the design of pathways,the following minimum standards shall be followed 1. The paved portion of the pathway may range from six feet(6')to ten feet(10')in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet(8')wide and shall be located within a sixteen foot(16')wide pedestrian access easement,however,in an area where low volume pedestrian traffic is anticipated,the council may consider a reduction in pathway width to six feet(6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet(10')wide and shall be located within a twenty foot(20')wide pedestrian access easement. 2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while allowing use by bicycles,wheelchairs and other modes of travel. 3. A five foot(5')wide landscaped area/building and fence setback,as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s)or a homeowners'association unless accepted by a public entity. The five foot(5')wide landscaped area on either side of the pathway maybe decreased to a minimum of two feet(2')wide(as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway,however,the total width of the Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drf.doc landscape area shall not be less than ten feet(10')(i.e., 2 feet on one side of the path and 8 feet on the other).For safety purposes,planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 4. The official design standards for pathways set forth in the following manuals are to be used as guides:the"Bicycle Pedestrian Design Manual" for Ada County, the"Design Guide For Accessible Outdoor Recreation", and the"Guide For The Development Of Bicycle Facilities",or other nationally recognized design standards. 5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from damaging the pathway surface.The root barrier shall consist of black injection molded panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty four inches(24")long by twenty four inches(24")deep. Each panel shall have no less than four(4)vertical deflecting ribs of a minimum 0.085 inch thickness protruding one- half inch(1/2")at ninety degrees(90°)from the interior of the panel, spaced six inches(6") apart.A minimum of nine(9)antilift tabs,three(3) each between the vertical ribs, shall be integrated into each panel,measuring a minimum of 0.085 inch thickness and protruding three-eighths inch(3/8")from the panel wall.An integrated joining system shall be employed for instant assembly by sliding one panel into the other.An alternative type barrier system of equal root penetrative resistance may be considered on a case by case basis,subject to the approval of the zoning administrator. 6. In order to design for crime prevention,the following design standards will be followed a. The use of"see through", open fencing, such as wrought iron, is preferred, as it provides better visibility from adjacent homes or buildings. Solid fencing is prohibited. b. Adequate lighting may be provided as determined by Eagle city council and may be owned and maintained by the city of Eagle once the path is turned over to the city for maintenance. c. The use of corners and curves in the design of the paths is discouraged. 7. Consideration shall be given to off street parking where paths connect to popular destination points such as the Boise River greenbelt,and nearby streets may become congested with vehicles parked by pathway users.Where pathway links connect to major public open space that require vehicular parking,the council may request the developer to designate land to be purchased and maintained by the appropriate public authority for public parking. Buffering of surrounding residential uses shall be considered in the area for purchase. E. DISCUSSION: • On February 13, 2007,the Eagle City Council approved a comprehensive plan map amendment, annexation, rezone,and preliminary plat applications for Countyland Subdivision. On February 19, 2013,the Eagle Planning and Zoning Commission recommended approval of a modification to the development agreement and preliminary plat to include one additional buildable lot. All other conditions of approval from the preliminary plat remain as originally approved on February 13, 2007,by the Eagle City Council. It is staff's opinion that the requirement of a 75-foot wide buffer along State Highway 44 is impractical to achieve in a thirty(30) foot wide area and makes it impossible to construct the six(6) foot wide meandering pathway that is required to connect the sidewalks within the development to State Highway 44 as required within another condition of approval. The landscape plans, date stamped by the City on February 22, 2013, show a six(6) Page 8of14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drfdoc foot wide gravel drive to remain and be utilized as the pathway as required within this common lot. Pursuant to Eagle City Code and the original approval of this development the six(6) foot wide pathway is required to be paved. The applicant should be required to provide revised landscape plans showing the meandering six(6) foot wide pathway located entirely on Lot 1,Block 2,to be paved its entire width and length. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. Staff defers comment regarding the seventy five(75)foot wide buffer required on Lot 1,Block 2, to the Design Review Board. • There is an existing overhead power line that runs from State Highway 44 down the west property line to the existing house located at the northwest corner of the development. Pursuant to Eagle City Code, all overhead utilities are to be installed underground. The applicant should be required to provide a revised landscape plan showing all overhead utilities to this site being installed underground. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. • The landscape plans indicate a six(6) foot high vinyl fence is to be constructed adjacent to all common areas. Pursuant to Eagle City Code, any fencing located adjacent to common area open spaces and on the street side of all corner lots is required to be an open fencing style. The applicant should be required to provide revised landscape plans indicating the style of fencing adjacent to all common areas to be open style. Details showing the style,height,color,etc. should be provided. The revised landscape plan and fencing details should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. • The landscape plans indicate a six(6) foot high cedar fence is to be constructed around the perimeter of the development. Pursuant to Eagle City Code,cedar, fir and similar high maintenance and/or unsightly fencing is not permitted. The applicant should be required to provide revised landscape plans indicating the style of fencing around the perimeter of the development to be a style of fencing compliant with Eagle City Code. Details showing the style, height, color,etc. should be provided. The revised landscape plan and fencing details should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. • The landscape plan does not indicate a pump house for the pressurized irrigation to be located on this site. If a pump house is required the applicant should be required to provide detailed elevations showing the size,height,materials,colors,etc.to be used in the construction of the pump house. The detailed elevations plans should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on March 14, 2013,at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drfdoc BOARD DECISION: The Board voted 5 to 0 (Grubb and Martin absent)to approve DR-47-12 for a design review application to construct the common area landscaping within Country land Subdivision for McMaster Construction and Development Inc.,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide revised landscape plans showing the meandering six(6) foot wide pathway located entirely on Lot 1, Block 2, to be paved its entire width and length. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 2. Provide a revised landscape plan showing all overhead utilities to this site being installed underground. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 3. Provide revised landscape plans indicating the style of fencing adjacent to all common areas to be open style. Details showing the style,height,color,etc. should be provided. The revised landscape plan and fencing details shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 4. Provide revised landscape plans indicating the style of fencing around the perimeter of the development to be a style of fencing compliant with Eagle City Code. Details showing the style, height, color,etc. shall be provided. The revised landscape plan and fencing details shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 5. If a pump house is required the applicant shall be required to provide detailed elevations showing the size,height,materials,colors,etc.to be used in the construction of the pump house. The detailed elevations plans shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 6. Extend the landscaping within the required buffer area along State Highway 44 to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement(along the entire frontage of this site)shall be graveled as approved by ITD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 7. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 8. No signs are proposed with this application. A separate design review application is required to be submitted for the approval of any entry signage and/or entry features for this development. 9. The Board unanimously accepts the six(6) foot wide pathway connection from State Highway 44 to West Skywood Drive in lieu of a seventy five(75)foot wide landscape buffer adjacent to State Highway 44. The seventy five(75) foot wide landscape buffer does not functionally fit in the thirty (30)foot wide lot. 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. Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drtdoc 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district,canal company, ditch association, or other irrigation entity, shall be obstructed,routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property, and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including,but not limited to,landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association, or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from 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, Page 11 of 14 K:\Plannmg Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drf doc whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as maybe determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools,etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation, recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 Page 12 of 14 K:\Plannmg Dept\Eag1e Applcations\Dr\2012\DR-47-12 Countryland LS drtdoc Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval.Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including,but not limited to building design, location and details,landscaping,parking, and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules,regulations, ordinances,plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on August 30, 2012, and February 22, 2013. 2. Requests for agencies' reviews were transmitted on August 30, 2013, 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-47-12) 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. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the R-2-DA(residential with development agreement)zoning district. Page 13of14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drf doc DATED this 28th day of March 2013. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho weSeV�VCi1f Yf'Ye. Eric R. McCullough, Chairman E0' . ')F .-. .-. m®4 r•1 , ,: �t � i; ,� ATTEST: ,� • L:`'A 4 -__ . � -. �, , .• Sharon K. Bergmann, Eagle City Cle ecere ' ' 1l) ee,,e Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-47-12 Countryland LS drf.doc