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Findings - DR - 2020 - DR-31-15 MOD - Mod Warrior Park Sub LsBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO ) THE COMMON AREA LANDSCAPING WITHIN ) WARRIOR PARK SUBDIVISION FOR ) BOB WOOD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-31-15 MOD The above -entitled design review application came before the Eagle Design Review Board for their action on August 27, 2020. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Bob Wood, represented by Nancy Merrill, is requesting design review approval to modify the common area landscaping around two residential lots (formerly commercial lots) within Warrior Park Subdivision (flca Liberty Park Subdivision). The 3.79-acre site is located on the southeast corner of West Flint Drive and North Park Lane (Lots 2-3, Block 1, Warrior Park Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 31, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 11, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 26, 2015, the City Council approved a development agreement modification and preliminary plat approval for Warrior Park Subdivision (aka Liberty Park Subdivision) (RZ-01-15/PP-01-15). On September 10, 2015, the Design Review Board approved a design review application for the common area landscaping within Warrior Park Subdivision (aka Liberty Park Subdivision) (DR-31- 15). On November 17, 2015, the City Council approved a development agreement modification (development agreement in lieu of a PUD) and preliminary plat modification for Warrior Park Subdivision (aka Liberty Park Subdivision) (RZ-01-15 MOD & PP-01-15 MOD). On July 28, 2020, the City Council approved a modification to the rezone development agreement associated with Warrior Park Subdivision to convert two commercial lots to two residential lots to allow for the construction of two two-family dwellings (RZ-01-15 MOD2). For additional property history see: CPA-03-03 and RZ-08-03, CU-07-05/PPUD-03-05/PP-09-05, DR-87-06, DR-88-06, FPUD-02-07 & FP-05-07, RZ-08-03 MOD , RZ-08-03 MOD2. E. COMPANION APPLICATIONS: None. Page 1 of 14 K:\Planning DepAEagle AppEications1Dr12015\DR-31-15 MOD Warrior Park Sub LS drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed COMP PLAN ZONING DESIGNATION DESIGNATION Mixed Use MU-DA (Mixed Use with Development Agreement [in lieu of a PUD]) No Change No Change North of site Mixed Use South of site Mixed Use East of site West of site Mixed Use Mixed Use MU-DA (Mixed Use with Development Agreement [in lieu of PUD]) MU-DA (Mixed Use with Development Agreement) MU-DA (Mixed Use with a development agreement) RUT (Rural -Urban Transition — Ada County designation) LAND USE Commercial/ Single-family Dwellings Two-family Dwellings replacing the commercial uses Proposed single-family (attached and/or detached) residential subdivision (Bellemeade Subdivision) Commercial (Jackson' convenience store with fuel service) Single-family dwelling Single-family dwelling and vacant parcel. G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk as part of Warrior Park Subdivision. J. SITE DATA: Total Acreage of Site — 4.89 Total Number of Lots - 23 Residential - 17 Commercial - 0 Industrial - 0 Common — 6 Total Number of Units - Single-family - 15 Duplex - 2 Multi -family - 0 Total Acreage of Any Out -Parcels — 0 K. PARKING ANALYSIS: N/A L. GENERAL SITE DESIGN FEATURES: Overall Subdivision — No Change Greenbelt Areas and Landscape Screening: Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent incompatible features such as highways, railroads, commercial or industrial uses from proposed residential properties. Page 2 of 14 K:1Planning Dept\Eagle AppIications\Di 2015\DR-31.15 MOD Warrior Park Sub LS drf.docx Open Space: A total of 1.11-acres (23% of the total residential area of the subdivision) is proposed within the residential area of the subdivision. The open space consists of planter strips, and open areas. A minimum of 20% is required except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs. 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 and drainage easements to be not less than 12 feet wide, except a 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 may be required by the Eagle Fire District. On -site Septic System (yes or no) — yes The existing residence located at 3855 West Flint Drive is served by an on -site septic system. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. M. BUILDING DESIGN FEATURES: N/A N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: All existing trees are to be protected and retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing along West Flint Drive and West Johnny Street. 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: N/A Page 3 of 14 K:1Planning DeptAEagle Applications1Dr120151DR-31-15 MOD Warrior Park Sub LS drf.docx 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, on the north side of Lot 2, Block 1, and south side of Lot 3, Block 1 Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no 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. Ada County Highway District Eagle Fire Department Eagle Park, Pathway, and Recreation Idaho Transportation Department Marathon Pipe Line, LLC Y. LETTERS FROM THE PUBLIC: None received to date. 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 14, 2017), designates this site as the following: Mixed Use. Suitable primarily for a variety of uses such as limited office, limited commercial, and Page 4 of 14 K:1Planning Dept\Eagle Applications1Dr120151DR-31-15 MOD Warrior Park Sub LS drf.docx residential developments. Uses should complement uses within the Central Business District (CBD). Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERNT REGARDING THIS PROPOSAL: 3.4 Development of residential uses on the Property is permitted and future conditional use permits for residential development will not be required. 3.5 The Owner shall submit an Alternative Method of Compliance Request Form with a Design Review Modification application to address the required buffer area located along North Park Lane on Lots 2 & 3, Block 1. The Alternative Method of Compliance Request Form and Design Review Modification application should be reviewed and approved by the Design Review Board and City Council prior to issuance of a building permit. 3.6 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture (Exhibit D). The two-family dwellings shall be constructed utilizing a style of architecture as shown on "Exhibit D-1." 3.9 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual, for the pressurized irrigation facilities, including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The residential lot located adjacent to the commercial lots is permitted to have solid fencing located adjacent to the south property line and not to encroach into the front yard. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. C. 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 Page 5 of 14 K:\Planning Dcpt\Eagle Apptications\Dr120151DR-3 1-15 MOD Warrior Park Sub LS drf.docx 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-6(B)(3): Fences: a. Block (with columns), which may include brick, rock, stone or similar veneer; b. Brick (with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted for use on school sites. • 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 collector on the master street map typologies map in the Eagle comprehensive plan: 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. • Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: Page 6 of 14 K:1Planning Dept\Eagle Applications1Dr120151DR-31-15 MOD Warrior Park Sub LS drf.docx a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required buffer yard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection 01 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. • 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, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, 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. D. DISCUSSION: • The applicant is requesting design review approval to modify the common area landscaping associated with Lots 2 and 3, Block 1, within Warrior Park Subdivision. The lots were previously approved for commercial use. On July 28, 2020, the City Council approved a modification to the rezone development agreement to convert the two commercial lots to two residential lots. The lots are currently landscaped with an existing eight -foot wide landscape strip and five-foot wide detached sidewalk adjacent to North Park Lane (West), West Flint Drive (North), and North Sauer River Avenue (East) and an existing landscaped area with five trees and an attached sidewalk adjacent to West Johnny Street (South). Due to the lots previously being intended for commercial uses, a landscape buffer for a residential use adjacent to a collector road was not installed. Pursuant to Eagle City Code Section 8-2A- Page 7 of 14 K \Planning Dept\Eagle Applications lDr\20I5\DR-31-15 MOD Warrior Park Sub LS drfdocx 7(J)(4)(a), a 35-foot wide buffer with a five-foot minimum to eight -foot maximum high berm planted with four shade trees, five evergreen trees, and twenty-four shrubs every 100-linear feet is required adjacent to North Park Lane. The landscape buffer and berm are required to provide an acoustic cover between residential homes and a collector road. The applicant has submitted an Alternative Method of Compliance request to allow for a two -foot, six-inch wide landscape strip planted with Degroot's Spire Arborvitae and Highland Cream Thyme and a six foot high concrete fence directly east of the existing eight -foot wide landscape strip and five-foot wide sidewalk in lieu of the 35-foot wide buffer. Staff defers comment regarding the Alternative Method of Compliance request to the Design Review Board. If the Design Review Board recommends approval of the Alternative Method of Compliance request, staff recommends the applicant provide a revised landscape plan showing Columnar Spruce, Blue Spruce, Norway Spruce, or other plant species as recommended by the Board in place of the Degroot's Spire Arborvitae, located between the sidewalk and concrete fence. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a building permit. • The landscape plan shows a wrought iron fence adjacent to West Flint Drive, but the height and color of the fence and columns are not identified. The landscape plan shows a concrete fence adjacent to North Park Lane and West Johnny Street, but the color of the fence is not shown. The applicant should be required to provide a revised landscape plan identifying the height and color of the wrought iron fence and columns adjacent to West Flint Drive and the color of the concrete fence adjacent to North Park Lane and West Johnny Street. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a building permit. • The landscape plan shows a six-foot tall concrete fence along the south property line and encroaching into the front yard by three -feet. Development agreement condition of development No. 3.9 permits a solid fence along the south property line and it is not permitted to encroach into the front yard. The applicant should be required to provide a revised landscape plan showing the solid concrete fence along the south property line not encroaching into the front yard. The revised landscape plan should be reviewed and approved by staff prior to submittal of a building permit. • Staff defers comment regarding the modifications to the common area landscaping to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff defers comment regarding this application to the Design Review Board and City Council. If the Design Review Board and City Council recommend approval of this application, staff recommends the following 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 August 27, 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 1:20:40) Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board is in favor of the applicant's request for an alternative method of compliance. The Board Page 8 of 14 K:1Planning Dept\Eagle Applications1Dr120I5\DR-3I-15 MOD Warrior Park Sub LS drfdocx requested the concrete fence be moved back an additional 2.5-feet to provide a 5-foot wide landscape strip between the sidewalk and concrete fence adjacent to North Park Lane. BOARD DECISION: The Board voted 6 to 0 (Brasher absent) to recommend approval of DR-31-15 MOD for a design review application for a modification to the common area landscaping within Warrior Park Subdivision for Bob Wood, 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. Comply with all applicable conditions of DR-31-15 and RZ-01-15 MOD2. 2. If the Design Review Board recommends approval of the Alternative Method of Compliance request, staff recommends the applicant provide a revised landscape plan showing Columnar Spruce, Blue Spruce, Norway Spruce, or other plant species as recommended by the Board instead of the Degroot's Spire Arborvitae, located between the sidewalk and concrete fence. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a building permit. 3. Provide a revised landscape plan identifying the height and color of the wrought iron fence and columns adjacent to West Flint Drive and the color of the concrete fence adjacent to North Park Lane and West Johnny Street. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a building permit. 4. Provide a revised landscape plan showing the solid concrete fence along the south property line not encroaching into the front yard. The revised landscape plan shall be reviewed and approved by staff prior to submittal of a building permit. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. S. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. No ground mounted mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. 12. Provide a revised landscape plan showing the landscape strip located between the sidewalk and concrete fence along North Park Lane to be 5-feet wide and planted with trees and shrubs. The revised landscape plan shall be reviewed and approved bv staff and two members of the Design Review board prior to submittal of a building permit. 13. Provide a copy of a proposed easement agreement between the property owners and the Warrior Park Subdivision Homeowner's Association for the 2.5-feet of landscaping and concrete fence located on the property's (western property lines of Lots 2 and 3. Block 1. Warrior Park Subdivision). The easement shall indicate the location of the fence and state which party is required to maintain the fencing and landscaping. The proposed easement agreement shall be reviewed and approved bv staff Page 9 of 14 K:\Planning Dept\Eagla Applications\Dr\2015\DR-31-15 MOD Warrior Park Sub LS dridocx prior to the easement agreement being recorded. A cony of the recorded easement agreement shall be submitted to the City prior to submittal of a building permit. 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 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 Page 10 of 14 K:\Planning Dept\Eaglc Applications\Dr120151DR-31-15 MOD Warrior Park Sub LS drf.docx 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. 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 Page 11 of 14 K:1Planning DepttEaglc Applications\Dr120151DR-31-15 MOD Warrior Park Sub LS drf.docx 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. 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. Page 12 of 14 K:1Planning Dept\Eagle Applications1Dr120I51DR-31-15 MOD Warrior Park Sub LS drfdocx CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-31-15 MOD) 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 MU-DA (Mixed Use with Development Agreement [in lieu of a 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; 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 13 of 14 K:\Planning Dcpt\Eaglc Applications\Dr12015\DR-31-15 MOD Warrior Park Sub LS drfdocx DATED this 10th day of September 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho M Craig Brsher, Chairman ATTEST: .•`�•, CITY O •• ••••••h ,00 L6ty(S aron K. Bergmann, Eagle City Clerk •• Page 14 of 14 K ',Planning Depl'Eagle Applications\Dr\20 15\DR-31-I5 MOD Warrior Park Sub LS drf docx