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Findings - DR - 2020 - DR-35-20 - Whitehurst Sub LandscapeBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN WHITEHURST SUBDIVISION FOR SOUTH BECK & BAIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-35-20 The above -entitled design review application came before the Eagle Design Review Board for their action on July 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; FINDINGS OF FACT: A. PROJECT SUMMARY: South Beck & Baird, represented by Jay Gibbons, is requesting design review approval of the common area landscaping within Whitehurst Subdivision. The 30.06-acre site is located at the terminus of West Breanna Drive north of Flint Estates Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 21, 2020. Pump House building elevations and a streetlight plan were received on June 19, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 9, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 25, 2020, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to R-1-DA-P (Residential with a development agreement — PUD), and R-3-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat, for Whitehurst Subdivision for Mustang 35, LLC (A-02-19/ RZ-05-19/CU-04-19/PPUD-03-19/PP-05-19). E. COMPANION APPLICATIONS: None. F. LAND USE DESIGNATION: Single-family dwelling, permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 14 K:1Planning Dept\Eagle Applications1Dr\20201DR-35-20 Whitehurst Sub LS drfdocx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Neighborhood Residential with a Transition Overlay No Change Neighborhood Residential with a Transition Overlay Neighborhood Residential with a Transition Overlay R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD) Single -Family, Residential Planned Unit Development No Change No Change RUT (Rural -Urban Transition — Ada County designation) Proposed City of Eagle Public Park Site (West Park) A-R (Agricultural- Single -Family Residential) Residential (Flint Estates Subdivision) Large Lot Residential R-1 (Residential) Neighborhood PS (Public/Semipublic) Residential with a and R-E (Residential - Transition Overlay and Estates) Public/Semi-Public Single -Family Residential (Colony Subdivision) Eagle High School and Church of Jesus Christ of Latter Day Saints Seminary Building H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. I. URBAN RENEWAL DISTRICT: No. J. EXISTING SITE CHARACTERISTICS: The site is vacant land with existing trees located on the southeast corner of the proposed subdivision. K. SITE DATA: Total Acreage of Site — 30.06-acres Total Number of Lots — 67 Total Number of Units — 60 Residential — 60 Commercial — 0 Industrial — 0 Common — 7 Single-family — 60 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 2 of 14 K:1Planniag Dept\Eagle Applications\Dr\20201DR-35-20 Whitchurst Sub LS drf.docx L. GENERAL SITE DESIGN FEATURES: Open Space: A total of 4.63-acres, approximately twenty four percent (24%) of open space is proposed (inclusive of the planter strips along the roadways) within the residential subdivision. The landscape plan, date stamped by the City on May 21, 2020, shows a 2-acre approximately common area located at the southeast corner of the property. This common area includes a 10' x 15' pergola structure, two benches, a concrete pathway, an irrigation pond with a 12' x 16' pump house, and an area seeded with native grasses (no irrigation). An approximately 1-acre common area with a tot lot and pathways is located on the southwest corner of West Sagurio Street and West Pembina Street (Lot IC, Block 3). A common area inclusive of the required 35-wide buffer area is located along North Fisher Park Way and a common lot with a 6-foot wide pathway providing access between West Timber Street and the property to the north. The remaining open space areas include stormwater facilities: 1) three common lots located along North Creekwater Avenue, 2) a common lot located at the southwest corner of North Fisher Park Way and West Conifer Street, 3) and a common lot with an 8-foot wide concrete pathway located west of North Creekwater Avenue approximately 415-feet south of the north property line. 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: The property contains mature trees located at the southeast corner of the property which will be retained and located within a common lot. 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 FEATURES: N/A Pergola: 10' x 15' structure Materials: Posts, rafter, beams (Douglas Fir Rough Sawn), Concrete pad Page 3 of 14 K:1Planning Dcpt\Eagle Applications1Dr120201DR-35-20 Whitehurst Sub LS drf.docx N LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees near the proximity of the southeast corner of the site which provide habitat to various bird species and one Elm tree near the southwest comer of the site. Below is a list of all existing trees proposed to be removed and/or retained identified on sheet C 1.00, date stamped by the City on May 21, 2020. 75+ 20-25 Common Name Black Locust Black Locust 1 Elm 1 1 Multi-trunked Willow Multi-trunked Willow ! 15 Black Locust 25-50 Black Locust Caliper/Height Condition Status 1"-4" Overall poor health Preserve 12"-25" Overall poor health Preserve 12" Overall poor health Remove 8"-15" Overall poor health Preserve 8"-15" Overall poor health Remove 12"-28" Overall good to fair Preserve health 5"-12" Overall good to fair preserve health Total caliper inched/feet of trees required to be replaced on site Total caliper inches proposed for mitigation Replacement Inches Per ECC 0 0 0 Tree Replacement Calculations: There are two existing trees on the site that the applicant is proposing to remove. The applicant is proposing to remove one existing Elm tree from Lot 9, Block 1, shown on sheet L1.3 near the western property line to allow for an irrigation line and one existing Willow tree from common Lot 1, Block 5, shown on Sheet L1.4 near the northern property line which will allow for construction of West Breanna Drive to the north. Tree mitigation is not required for Elm or Willow trees unless it is determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat, pursuant to Eagle City Code Section 8-2A-7(C)(2)(c). The applicant has provided an arborist report, date stamped by the City on May 21, 2020, showing the specie, size (caliper inches/height), and condition. Required mitigation for the Willow and Elm trees will be determined based on caliper inches for deciduous trees. The applicant is not proposing mitigation for the removal of the Willow or Elm trees on the site as they are being removed to allow for construction of a subdivision roadway and pressure irrigation system. The remaining trees will be preserved for wildlife habitat. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along both sides of all the streets within the subdivision. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A O. TRASH ENCLOSURES: N/A Page 4 of 14 K:1Planning Dept\Eaglc Applications1Dr120201DR-35-20 Whitchurst Sub LS drfdocx P. MECHANICAL UNITS: N/A Q. OUTDOOR LIGHTING: A site plan showing the locations of streetlights and detailed cut sheets was provided. All site lighting is in conformance with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. 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 in proximity to the southeast corner of the property within the eastern portion of Lots 1-2, Block 5. Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — unknown Wildlife Habitat — yes, the trees located in proximity to the southeast corner of the project provide habitat to various bird species. 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 Eagle Museum of History & Preservation Y. LETTERS FROM THE PUBLIC: None received to date. Page 5 of 14 K:1Planning Dcpt\Eagle Applications1Dr120201DR-35-20 Whitchurst Sub LS drf.docx THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. CHAPTER 6: LAND USE 6.5.2 Park Lane Design B. Flint Estates Area 2. Street trees, benches and sidewalks are encouraged within the Park Lane Planning Area. CHAPTER 9: PARKS, RECREATION & OPEN SPACE 9.4.3 Open Space Implementation E: Preserve existing trees and establish appropriate landscaping as a part of new developments. F. Encourage the preservation of habitat areas which provide for fish and wildlife. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.6 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. 3.7 Owner shall construct a tot lot and pedestrian pathways at the locations as shown on the Concept Plan (Exhibit C). Page 6 of 14 K:1Planning DeptlEagle Applications\Dr\20201DR-35.20 Whitchurst Sub LS drf.docx 3.8 Owner shall provide a detailed wildlife biologist (i.e. private contractor, Idaho Fish and Game, U.S. Fish and Wildlife Service, or Bureau of Land Management) report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The wildlife biologist (i.e. private contractor, Idaho Fish and Game, U.S. Fish and Wildlife Service, or Bureau of Land Management) report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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) 6. Provide a revised preliminary plat and preliminary development plan which shows the pedestrian pathway locations within Lot 14C, Block 1, and Lot 1C, Block 5 at 8-feet in width. The pathways located within Lot 1C, Block 3, shall be permitted at 6-feet in width due to anticipated low volume pedestrian traffic and sidewalks located in proximity to the common lot. The revised preliminary plat and preliminary development plan shall be provided prior to submittal of a design review application. (ECC 9-4-1-6 [D] [ 1 ]) 15. 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. 19. Provide a revised preliminary plat and preliminary development plan showing Lot 2, Block 5, to be reduced in size to a minimum of 18,000-square feet to allow for the trees to be included within Lot 1C, Block 5. The revised preliminary plat and preliminary development plan shall be provided prior to submittal of a design review application. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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 Page 7of14 K:1Planning Dept\Eagle Applicatians1Dr120201DR-35-20 Whitehurst Sub LS drf.docx 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(C): Retention, Removal, and Replacement of Trees: C. Retention, Removal, And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot (12') tall coniferous tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous trees. b. When a homeowners association or its agent removes tree(s) from a subdivision common area to appropriately thin an overgrown canopy, replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of the following trees shall not otherwise require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. d. In cases where the condition of the tree(s) constitutes an "emergency" as defined in section 8-1-2 of this title, the tree(s) may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. 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 shall be replaced in accordance with subsection C2 of this section. 4. 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. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. Page 8 of 14 K:1Planning Dept\Eagle Applications\Dr120201DR-35-20 Whitehurst Sub LS drfdocx E. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Whitehurst Subdivision, a 67-lot (60-buildable, 7-common) residential subdivision. The common areas consist of open space, a pergola, benches, pathways, a pump house, a tot lot, and a buffer along North Fisher Park Way. Street trees are proposed throughout the entire development generally located at each side property line. Staff defers comment regarding the common area landscaping to the Design Review Board. • The applicant is proposing to remove two existing trees (Elm and Willow) from the site where an irrigation line and roadway are to be located. The arborist report, date stamped by the City on May 21, 2020, states the condition of the E1m and Willow trees are poor. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), tree mitigation for the Elm and Willow trees is not required unless the City determines that replacement is necessary to preserve and/or restore riparian and wildlife habitat. Staff defers comment regarding the removal of the Willow and Elm trees to the Design Review Board. • If the Design Review Board determines mitigation is required for the removal of the E1m and Willow trees, the applicant should be required to provide a revised landscape plan showing an additional 27-caliper inches of trees planted on the site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on July 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 2:04:03) Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board is in favor of the proposed common area landscaping. • The Board confirms no tree mitigation is required for the two trees (Elm and Willow) proposed to be removed. The two trees should be removed pursuant to the biologist report, date stamped by the City on May 21, 2020. BOARD DECISION: The Board voted 6 to 0 (Grubb absent) to recommend approval of DR-35-20 for a design review application of the common area landscaping within Whitehurst Subdivision for South Beck & Baird, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strikethrough to be deleted and text shown with underline to be added by the Board. Page 9 of 14 K:\Planning Dept\Eagle ApplicationssDr\20201DR-35-20 Whitchurst Sub LS drfdocx SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-05-19/CU-04-19/PPUD-03-19 and PP-05-19. 2. : d zonfirms The two trees (Elm and Willow). proposed to be removed. do not require mitigation. The two trees shall be removed pursuant to the biologist report date stamped bv the City on Mav 21. 2020. Prei'ide a r g an additional 27 caliper inches of e3planted-en the cite: Thend approved b-y staff and Board prior t . 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 5. No ground mounted mechanical units are proposed with this application and none are approved. 6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 7. No signs are proposed with this application and none are approved. 8. Provide a revised landscape plan showing the material to be used for the border around the tot lot and the fall material to be placed at the base of the tot lot equipment. The revised landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board prior to approval of the final plat application. 9. Provide a revised landscape plan verifying the number of proposed trees listed on sheet L 1.0 is in compliance with Eagle City Code Section 8-2A-7(J1. The revised landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board prior to approval of the final plat application. 10. Provide physical material samples and colors for all proposed materials and colors on the pump house and pergola structures. The physical material samples and colors shall be reviewed and approved bv staff and two members of the Design Review Board prior to issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources 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. Page 10 of 14 K:1Planning Dept\Eagle Applications\Dr120201DR-35-20 Whitchurst Sub LS drf docx 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. 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. 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 Page 11 of 14 K:1Planning DepdEagle AppIiications1Br120201DR-35-20 Whitehurst Sub LS drf docx 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 shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 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. Page 12 of 14 K:1Planning Dept.Eagle Applications1Dr120201DR-35-20 Whitehurst Sub LS drf.docx 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-35-20) 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 subdivision landscaping is permitted with the approval of a design review application within the R-1-DA-P and R-3-DA-P (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 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; Page 13 of 14 K:1Planning DeptlEagle Applications1Dr120201DR-35-20 Whitehurst Sub LS drf.docx 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. DATED this 23rd day of July 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Craig Bashe-r7 Chairman ATTEST: L--(e l�,,r lT" Sharon K. Bergmann, Eagle City Clerk Page 14 of 14 K.\Planning Dept\1 agle Applications0r\20201DR-35.20 Whitehurst Sub LS drf.docx • • 1. \, 44. •