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Findings - DR - 2020 - DR-18-20 - Molinari Park Sub LsBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN MOLINARI PARK SUBDIVISION FOR EAGLE 26, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-18-20 The above -entitled design review application came before the Eagle Design Review Board for their action on September 24, 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: Eagle 26, LLC, represented by Brian Liquin with Rennison Design, Inc., is requesting design review approval of the common area landscaping within Molinari Park Subdivision. The 23.06-acre site is located on the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2' Street and East Plaza Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 5, 2020. Revised site/landscape plans were received on June 29, 2020. A revised application was received on August 20, 2020. A revised narrative was received on August 28, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 28, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 12, 2019, the Eagle City Council approved a rezone from CBD (Central Business District) to CBD-DA-P (Central Business District with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for Molinari Park Subdivision (RZ-07- 18/CU-03-18/PPUD-02-18/PP-06-18). E. COMPANION APPLICATIONS: DR-53-20 (Monument sign). Page 1 of 24 K:1Planning Dept\Eagle Applications1Dr120201DR48-20 Molinari Park Sub LS drfdocx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION LAND USE Existing Downtown, Scenic CBD-DA-P (Central Business Vacant land Corridor, District with a development Public/Semi-Public agreement — PUD) Proposed No Change No Change Mixed use development including single-family attached townhomes and retail North of site Downtown, Scenic CBD (Central Business District) Corridor South of site Commercial, C-3-DA (Highway Business Mixed Use, Scenic District with a development Corridor, agreement) and MU-DA (Mixed Public/Semi-Public Use with a development agreement) East of site Downtown, Scenic CBD (Central Business District) Mobile home park, storage Corridor and MU (Mixed Use) facility, commercial subdivision (Merrill Subdivision No. 2 and No. 4 East Plaza Drive, Paddy Row Subdivision (residential), mobile home parks State Highway 44 and Eagle River Development West of site Downtown, Scenic CBD (Central Business District) Senior living facility and Corridor, and CBD-DA (Central Business office building (Lot 1, Block Public/Semi-Public District with a development 1, Forum Subdivision) agreement) G. DESIGN REVIEW OVERLAY DISTRICT: The site is located in the CEDA (Community Entry Development Area) overlay district. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb and gutter along East Plaza Drive which is located along the north and east property boundary. North Palmetto Avenue is currently under construction which is located along the southeastern property line. Mature trees are centrally located within the site and in the proximity of the southwest corner of the proposed commercial lots. J. SITE DATA: Total Acreage of Site — 23.06-acres Total Number of Lots —120 Residential — 91 Commercial/Residential — 2 Commercial/Multi-family —1 Commercial — 6 Industrial — 0 Page 2 of 24 K:1Planning DepAEagle Applications1Dr120201DR-I8-20 Molinari Park Sub LS drf.docx Common — 20 (16-common, including 4-private roads and alleys) Total Number of Units — 342 Single-family — 91 (townhomes) Duplex — 0 Multi -family (inclusive of townhomes) — 251 Total Acreage of Any Out -Parcels — 0 K. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The landscape plan, date stamped by the City on August 20, 2020, shows a 50-foot wide buffer area located between the residential area and State Highway 44. The portion of the landscape area from the western property line to the private road running north -south located west of the commercial lots will contain a 10-foot wide pathway area located adjacent to the state highway. At the eastern side of the private road between the commercial and multi -family areas, the 10-foot pathway will extend north to East Plaza Drive. At East Plaza Drive the pathway turns east and crosses North Palmetto Avenue, then extends south to the landscape buffer area along State Highway 44 making a connection to the existing pathway located adjacent to the highway on the southeast corner of State Highway 44 and North Palmetto Avenue. Open Space: A total of 4.9-acres (approximately 21.2%), is proposed within the development. The open space consists of a public gathering place located adjacent to East Plaza Drive and in proximity to the retail uses. This area will consist of a sculpture plaza, retail plaza, and a grassy berm area. The townhome areas have open space areas which will include a sensory garden, playground and linear park. The townhome and apartment areas also have open space areas consisting of pathways to provide interconnectivity throughout the development. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs 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. The application, date stamped by the City on August 20, 2020, states that some drainage will be retained on site and some off -site drainage will occur to Eagle Drain No. 15 as agreed upon via a license agreement for pre-treatment and discharge with Drainage District No. 2. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by the Eagle Water Company. On -site Septic System: None. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Page 3 of 24 K:1Planning Dept\Eagle Applications\Dr12020\DR-18-20 Molinari Park Sub LS drf docx 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. L. BUILDING DESIGN FEATURES: N/A M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are five trees located along the west property line adjacent to the existing senior living facility that are proposed to be preserved. There are 322 trees located within the central portion of the site where East Cedar Ridge Street will extend to the east and adjacent to the southwest corner of the proposed commercial lots located along the eastern portion of the subject site that are proposed to be removed. Below is a list of all existing trees the applicant is proposing to retain or remove identified by species, size, condition, and required replacement inches as identified on Sheet L2.1, L2.2, and L2.3, date stamped by the City on August 20, 2020. The applicant has provided an arborist report, date stamped by the City on March 4, 2020, showing the specie, size (caliper inches/height), and condition as noted below: # Common Name 1 Black Locust 2 Elm 3 Elm 4 Elm 5 Cottonwood 6 Elm 7 Cottonwood 8-17 Cottonwood 18 Willow 19 Black Locust 20 Cottonwood 21 Cottonwood 22 Cottonwood 23 Black Locust 24 Cottonwood 25 Cottonwood 26 Cottonwood 27 Cottonwood Caliper Inches/ Height (feet) Condition Status 12" Poor Remove 18" Fair Remove 38" Fair Remove 52" Fair Remove 10" Fair Remove 42" Fair Remove 24" Poor Remove 4"/each Fair Remove 22" Fair Remove 18" Poor Remove 18" Poor Remove 8" Fair Remove 10" Poor Remove 10" Fair Remove 6" Fair Remove 18" Poor Remove 15" Fair Remove 18" Fair Remove Proposed Replacement 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 4 of 24 K:\Plarneing Dcpt\Eaglc Applications1Dr120201DR-18-20 Molinari Park Sub LS drfdocx 28 Cottonwood 29 Cottonwood 30 Elm 31 Elm 32 Cottonwood 33 Cottonwood 34 Cottonwood 35 Cottonwood 36 Cottonwood 37 Cottonwood 38 Cottonwood 39 Pine 40 Pine 41 Pine 42 Maple 43 Maple Total Trees Noted in Zones: Zone Common Name 1 Cottonwood-27 2 Cottonwood-42 3 Cottonwood-37 4 Cottonwood-44 5 Cottonwood-100 6 Cottonwood-34 284 Total Trees 15" 8" 18" 12" 15" 18" 12" 10" 10" 12" 15" 20' 15' 25' 12" 12" 548" & 60' Caliper Inches/ Height (feet) 380" 336" 444" 792" 800" 408" 3,160" Poor Remove Fair Remove Poor Remove Fair Remove Poor Remove Poor Remove Fair Remove Fair Remove Fair Remove Fair Remove Poor Remove Good Preserve Good Preserve Good Preserve Good Preserve Good Preserve Condition Status Poor Remove Poor Remove Poor Remove Poor Remove Poor Remove Poor Remove Removal Deciduous Removal Evergreen Preserve Deciduous Preserve Evergreen 0 0 0 0 0 0 0 0 0 0 0 Proposed Replacement 0 0 0 0 0 0 3,684 caliper inches 0-feet 24 caliper inches 60-feet Page 5 of 24 K:1Planning DcptAEagle Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docx Final Tree Mitigation Information Deciduous Trees Caliper Inches Proposed for Removal or Retention 322 Total trees to be removed 3,684 caliper inches 2 Total trees preserved on site 24 caliper inches 0 Total trees mitigated on site 0 caliper inches Evergreen Trees 3 Total trees on site 60-feet 0 Total trees to be removed on site 0-feet 3 Total trees preserved on site 60-feet 0 Total trees mitigated on site 0-feet Tree Replacement Calculations: Three hundred twenty-seven (327) existing trees have been identified on the site. Five (5) trees (three Pine and two Maple) are proposed to be preserved and 322 trees are proposed to be removed. Trees to be removed are trees that are undesirable species, topped, or in otherwise poor health. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), tree mitigation is not required for Elm, Black Locust, Cottonwood, or Willow trees unless it is determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat. The applicant is not proposing mitigation for the removal of the Willow, Black Locust, Cottonwood, or Elm trees on the site as they are being removed to allow for construction of subdivision roadways and a pressure irrigation system. The applicant has provided a detailed wildlife biologist report, date stamped by the City on August 20, 2020, that corresponds with the arborist report regarding the proposed removal of existing Elm, Black Locust, Cottonwood, and Willow trees. The wildlife biologist report includes a narrative describing the habitat of the existing trees and vegetation to assist the City in determining whether the trees should be removed, and if so, whether tree replacement is necessary to preserve any wildlife habitat within the area of concern. The detailed wildlife biologist report states that developing the property would have no significant effect on wildlife species of concern. Staff defers comment regarding tree mitigation to the Design Review Board and City Council. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along East Plaza Drive, East Cedar Ridge Street, South Finn Street, the west side of North Palmetto Avenue, and along the private roads within the development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A. Page 6 of 24 K:1Planning Dept\Eagle Applications\Dr120201DR-I8-20 Molinari Park Sub LS drf docx Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot located along the western boundary of the site. b. Interior Landscaping: No interior landscaping is proposed and none is required. N. TRASH ENCLOSURES: N/A 0 MECHANICAL UNITS: N/A P. OUTDOOR LIGHTING: A site plan, showing the locations of streetlights and detailed cutsheets, have been provided. All site lighting is required to be in conformance with Eagle City Code Section 8-4-4-2. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-53-20 [monument sign]) has been submitted for approval of a sign proposed on site. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. Central sewer is provided by the Eagle Sewer District. Central water is provided by Eagle Water Company. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON -SITE FEATURES: Q. Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes — located adjacent to the existing senior living facility along the west side of the site, within the central portion of the site where East Cedar Ridge Street will extend to the east, and adjacent to the southwest corner of the proposed commercial lots located along the eastern portion of the subject site. Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. Page 7 of 24 K:1Planning Dept\Eagle Applications1Dr120201DR-l8-20 Molinari Park Sub LS drf.docx W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County District Highway Eagle Fire Department Eagle Museum of History and Preservation Eagle Parks, Pathways and Recreation Commission (PPRC) Eagle Sewer District Idaho Transportation Department X. 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 15, 2017), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial, and Professional Office. 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. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails, and connectivity. Public/Semi-Public Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices. Support activities may also be permitted. All development within this land use is encouraged to be designed to accommodate the different needs, interests, and age levels of residents in matters concerning both recreation and civil activities. The public/semi-public land use designation is not a residential land use designation. When a project or development is designed that contains or is adjacent to land holding a public/semi-public land use, this land will not be included when calculating the allowable residential density. Projects that hold a residential designation that want to provide or dedicate amenities similar to those allowed in the public/semi-public designation may transfer unused density from these areas to other areas within the development, as approved by the City Council through the Planned Unit Development process as defined in the comprehensive plan. Page 8 of 24 K:1Planning DeptlEagle ApplicationsOr120201DR-18-20 Molinari Park Sub LS drf.docx 6.17.2 Downtown Eagle General Objectives U. Streets in the Plaza Area should include the following elements (See Figure 6.20): Tenant Zone: A businesses front yard, an area for merchandise displays, cafe seating, and tenant identification. Walkable Zone: An unfettered area for the express purpose of pedestrian movements through the area. Furnishing Zone: An area for pedestrian amenities including streetlights. benches, bike racks, and public art. Buffer Zone: An area that provides separation between pedestrian uses and vehicles. TLNANT ZOXE WALKAEILE ZONE FUL'1 $1IVC ?oNE RViIER ZONE TRAFFIC ZONE iTJT 4 ;v w w s• r W May include landscaping, street trees, or stamped/decorative concrete. Figure 6.20: Required Elements of Downtown Streetscapes JJ. Specific design elements should include bulb outs at intersection crossings and the integration of pedestrian amenities such as benches, trees, planters, and public art. B. DEVELOPMENT AGREEMENT PROVISIONS 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, Applicant 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. 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. However, the residential portion of this development proposal is recognized by Eagle and Owner as a desired component to the development. A residential component of similar size and area to Page 9 of 24 K\PlanningDept\Eagle Applications1Dr120201DR-18-20 Molinari Park Sub LSdrf.docx that depicted in the Concept Plan with the provisions and allowances contained herein, shall be maintained. 3.4 Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (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 three -rail -type decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) Parking shall only be allowed in the designated parking areas or in the garage units of the multi -family residential units. 3.6 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the CBD zoning designation (except as permitted in Section 3.7, below). 3.7 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Central Business District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the CBD (Central Business District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the CBD (Central Business District) zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown as "C" conditional uses under the CBD (Central Business District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: • Apartment • Multi -family dwelling • Daycare Center • Microbrewery • Parking Lot, Parking Garage • Parking Lot, Parking Garage, Commercial In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Circuses and Carnivals; • Nursery, plant materials; • Restaurant (with drive -through) • Riding Academies/Stables; Page 10 of 24 K:1Planning Dept\Eagle Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docx 3.8 The townhomes shall be constructed utilizing a style of architecture compatible with "Italianate" as shown on Exhibit D. The multi -family dwellings shall be constructed utilizing an "Italianate" styles of architecture as shown on Exhibit E. CommerciaUretail buildings, multi -family residential buildings, and pool house shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, multi -family residential units, pool house, pumphouse for irrigation, and gazebos. 3.10 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). 3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.12 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.13 In conjunction with 3.12 above, all living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed common areas throughout the development, 3) landscape screening details and buffering for the residential units located adjacent to State Highway 44, 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), and 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.15 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located adjacent to State Highway 44. The public sidewalk shall be constructed in phases. The first phase from the intersection of East Cedar Ridge Street and Public Road "A" (as shown on the preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018) easterly to North Palmetto Avenue shall be constructed with Phase No. 1 of Molinari Park Subdivision. The second phase from the west property boundary to the east phase line of Phase No. 2 of Molinari Park Subdivision, and the final phase connecting phases 1 and 3 shall be constructed with Phase No. 3 of Molinari Park Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Park, Pathway and Recreation Commission prior to submittal of a design review application. The public sidewalk shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located. Page 11 of 24 K:1Planning DeptAEagle Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docx 3.16 The parking ratio for the multi -family residential units shall be in conformance with Eagle City Code Section 8-4-5. Public parking shall be permitted on the private streets. 3.17 Owner shall provide a parking analysis for the commercial buildings at the time of submittal of a design review application. 3.18 Owner shall be required to provide a public park located within Lot 72C, Block 2 (as shown on the preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018). The public park shall be operated and maintained by the Molinari Park Subdivision Homeowner's Association. 3.19 The multi -family units located adjacent to Private Road "D" and Private Road "E" (as identified on the preliminary plat/preliminary development plan, date stamped by the City on October 9, 2019) shall have live/work commercial space located adjacent to the private roads. C. PRELIMINARY PLAT PROVISIONS 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). 17. 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 a 6-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be utilized to minimize damage to the adjacent sidewalks. The style of root barrier shall be reviewed and approved by staff prior to installation. 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. 18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 23. North Palmetto Avenue shall be constructed concurrently with Phase No. 1 (as shown on the Potential Project Phasing plan, date stamped by the City on September 20, 2018). No certificate of occupancy permits shall be issued for the townhomes located within Phase No. 1 until ACHD has accepted the completed North Palmetto Avenue. Page 12 of 24 K:1Planning DcptlEagle Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docx 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 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: Design Requirements, Objectives, and Considerations: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the Design Review Board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. • Eagle City Code Section 8-2A-6: Design Requirements, Objectives And Considerations: E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD book. 1. Purpose: To provide a sense of entry into the city and transition development into the central business district in support of the comprehensive plan. 5. Landscaping and Streetscape: All landscaping shall comply with the landscape requirements contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply with the requirements contained within subsection G of this section. Page 13 of 24 K:1Planning Dept\Eaglc Applications1Dr120201DR-18-20 Molinari Park Sub LS drfdocx • Eagle City Code Section 8-2A-6(G): Streetscape: G. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and number of amenities vary within the different overlay districts of the City. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community. Examples of streetscape design and amenities are shown within the EASD book. At a minimum, the following specific streetscape criteria shall apply: 14. Sidewalks within the Community Entry Development Area CEDA shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees justifies a reduced sidewalk section. In no case however shall the sidewalk be reduced to less than six feet (6') in width. • 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: 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. 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 14 of 24 K:1Planning Depaagle Applications1Dr12020\DR-18-20 Molinari Park Sub LS drf.docx • Eagle City Code Section 8-2A-7(0) Alternative Methods of Compliance: 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. E. DISCUSSION: • Molinari Park Subdivision is a 23.6-acre mixed use planned unit development which includes 120- lots, 342-units (91-townhome, 3-commercial/residential [consisting of 248-units], 6-commercial, 20-common [inclusive of 4-private streets]}. Molinari Park Subdivision is located within the CEDA (Community Entry Development Area) Design Review Overlay District and includes streetscape design improvements as required by the City of Eagle along the south side of East Plaza Drive. The streetscape consists of a ten foot (10') wide sidewalk, historic streetlights, street trees, and tree grates. The site includes a sensory garden, a plaza area, and a park with concrete seat walls, pedestrian walk permeable pavers, sculptures with space allocated for future sculptures, and two mailbox clusters. A linear park is also included which is centrally located within the townhomes proposed to be constructed south of East Cedar Ridge Street. No buildings are proposed with this application and none are approved. A separate design review application should be submitted, reviewed, and approved by the City prior to submittal of a building permit. Staff defers comment regarding the common area landscaping to the Design Review Board. • The applicant is proposing to remove 322 trees (Elm, Black Locust, Cottonwood, and Willow) from the site. The arborist report, date stamped by the City on March 4, 2020, states the condition of the Elm, Black Locust, Cottonwood, and Willow trees are fair to poor. Pursuant to Eagle City Code Section 8-2A-7(C)(1 }(a), existing trees are required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), tree mitigation for the Elm, Black Locust, Cottonwood, and Willow trees is not required unless the City determines that replacement is necessary to preserve and/or restore riparian and wildlife habitat. On August 20, 2020, a detailed wildlife biologist report was received which corresponds with the arborist report regarding the removal of the existing trees. The report states that developing the property would have no significant effect on wildlife species of concern. Staff defers comment regarding the removal of the Willow, Black Locust, Cottonwood, and Elm trees to the Design Review Board. If the City approves the removal of the trees and determines mitigation is required for the removal of the Elm, Black Locust, Cottonwood, and Willow trees, the applicant should be required to: A. Provide a revised landscape plan showing an additional 3,684-caliper inches of trees planted on the site. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to submittal of a final plat application or commencement of any construction/demolition on the site, whichever occurs first. -OR- Page 15 of 24 K:1Planning DeptlEaglc Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docx B. Provide a contribution to the tree fund for compensation for the removal of the trees in the amount of $644,700.00 (3,684-inches x $175/caliper inch) pursuant to Resolution 18-34 prior to submittal of a final plat application or commencement of any construction/demolition on the site, whichever occurs first -OR- C. Any other combination of planting additional trees on -site and/or a contribution to the tree fund as may be approved by the City. A revised landscape plan and/or contribution to the tree fund shall be reviewed and approved and/or submitted to the City prior to submittal of a final plat application or commencement of any construction/demolition on the site, whichever occurs first. • On June 18, 2020, the Eagle Parks, Pathways and Recreation Commission (PPRC) recommended approval of the pathways proposed within this development. The revised plans, dated stamped by the City on June 29, 2020, show the pathways in compliance with the PPRC's recommendation. The construction of the pathways (i.e. concrete or asphalt) and public access easements should comply with the recommendation of the PPRC as specified in the Trails and Pathways Superintendent memo dated July 2, 2020, and as required within the development agreement. The pathway is required to be constructed in phases within the landscape buffer located along State Highway 44. Idaho Transportation Department is scheduled to construct a Continuous Flow Intersection (CFI) intersection at the intersection of State Highway 44 and North Eagle Road beginning January of 2021. The construction of the intersection is estimated to be complete by the end of the 2021 year. The intersection construction will affect the ability to install the 10-wide pathway and landscape buffer until the intersection is completed. The landscape buffer and pathway should be constructed once the intersection is complete and in phases that correlate with phases 2, 3, and 4 within the overall subdivision. The landscape buffer and pathway should continue from phase 4 to the eastern property line, and not wait until phase 5 is proposed. All landscaping and the pathway that is located along State Highway 44 should be completed within Phases 1, 2, 3, and 4. • The City is working with the Ada County Highway District (ACHD) on plans to replace sidewalk areas within downtown Eagle (adjacent to East Aikens Street and State Street). A new sidewalk design has been approved with the joint Ada County Highway District and City of Eagle project along East Aikens Street which includes a 10-foot wide sidewalk and a combination of pavers and gray concrete. The new sidewalk design differs from the sidewalk design in the EASD book. Below are exhibits showing the approved sidewalk design that will be constructed adjacent to East Aikens Street in 2023 (see Figure 1 below) and the current sidewalk design identified in the EASD book (see Figure 2). The landscape plans, date stamped by the City on August 20, 2020, show the streetscape improvements adjacent to East Plaza Drive to have a 4-foot wide paver "furnishing zone" and a 6-foot wide gray concrete sidewalk with the exception of sheet L3.0, which notes on the Park Layout Plan that the sidewalk is to be constructed pursuant to the City of Eagle stamped concrete sidewalk. The applicant should be required to provide a revised landscape plan noting the sidewalk along East Plaza Drive as an attached 10-foot wide sidewalk, including 4-feet of pavers and 6-feet of gray concrete with street trees to be planted within silva cells. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a building permit, whichever occurs first. Page 16 of 24 K:1Planning Dept\Eagle Applications1Dr120200R-18-20 Molinari Park Sub LS drf.docx Figure 1— Proposed Sidewalk along Aikens Street Extension tir Figure 2 - Current Sidewalk Exhibit in the EASD book • The civil and landscape plans, date stamped by the City on August 20, 2020, show North Palmetto Avenue located adjacent to the eastern portion of Molinari Park Subdivision with a 10-foot wide landscape area planted with street trees but no sidewalk along the west side of North Palmetto Avenue at this time. The 8-foot wide sidewalk required in this area will be completed when the commercial area located within phase 5 of Molinari Park Subdivision is constructed. The 8-foot wide separated sidewalk required on the west side of North Palmetto Avenue, along with the commercial buildings, parking, and landscaping should be reviewed and approved by the Design Review Board prior to the sidewalk on the west side of North Palmetto Avenue being constructed. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, if the requested design review application is approved, then staff recommends 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 September 24, 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 one (1) individual who felt the application is a great development with beautiful landscaping proposed throughout the site. In addition, this individual asked the Design Review Board to reconsider the amount of money charged to the development for the tree fund which is intended to satisfy tree mitigation of the proposed tree removal on the site. C. Oral testimony in opposition to the application was presented to the Design Review Board by three (3) individuals who voiced concerns that the homes proposed along East Plaza Drive compared to the rest Page 17 of 24 K:1Planning Depl\Eagle Applications \Dr12020\DR-I8-20 Molinari Park Sub LS drf.docx of the downtown like a wall of homes, making it look too much like downtown Boise. The individuals felt that the north side of East Plaza Drive looks much nicer than what is proposed to be constructed on the south side of East Plaza Drive. Other concerns were voiced regarding increased traffic with the construction of North Palmetto Avenue causing an area that will not be safe for children. In addition, they felt that the multi -family area adjacent to State Highway 44 would detract from the beautiful landscape in Eagle as seen from the roadway. D. Oral testimony neither in favor nor in opposition to the application was presented to the Design Review Board by one (1) individual who encouraged the Design Review Board to use their heart in making their decision. BOARD DELIBERATION: (Granicus time 1:35:44) Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board discussed and concluded that permitting the removal of the existing trees without on -site mitigation or financial contribution to the tree fund is appropriate due to the evaluation of the trees as indicated in the Arborist Report dated March 4, 2020, and the detailed wildlife biologist report dated August 20, 2020, attached to the staff report and incorporated herein by reference. The Board determined that the applicant should be required to provide a revised landscape plan showing sixty foot (60') to seventy foot (70') tall trees (at maturity) and class III shade trees incorporated within the proposed berm located along State Highway 44. • The Board is concerned with the proposed height of the berm located along State Highway 44 adjacent to the residential portion of the development shown on site/landscape plan date stamped by the City on August 20, 2020. Pursuant to Eagle City Code Section 8-2A-7 (J)(4), the height for berming/fencing 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 Board determined that the applicant should be required to provide a revised site/landscape plans showing the berm along State Highway 44 to be 8-feet above center line of the right-of-way. • The Board determined that construction of the berm located along State Highway 44 adjacent to the residential portion of the development should take place in phase one. • The Board concluded that a phasing plan with a fencing plan needs to be provided for the overall development. • The Board is concerned with the area located north of the residential townhomes between the back of sidewalk and the right of way on East Plaza Drive. A revised landscape plan sheet L1.1 should be submitted showing landscaping and/or patio finishes within this area. • The Board determined that a revised plan showing size, color, and landscape screening around the pump house located in the southwest corner of the subdivision should be provided. BOARD DECISION: The Board voted 6 to 0 (Basher absent) to recommend approval of DR-18-20 for a design review application for the common area landscaping within Molinari Park Subdivision for Eagle 26, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18. Page 18 of 24 K:1Planning DepAEagle Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docx 2. No buildings are proposed with this application and none are approved. A separate design review application shall be submitted, reviewed, and approved by the City prior to submittal of a building permit. 3. If the City approves -removal of the -existing tr , A. Pr© e plan ;,hewing an additional 3,5E 1 caliper -ides of trees planted -en -the site: The revised landscape -plan -shall -be -reviewed -and approved by staffand two-nembersof the Design -Review -Beard prior to submittal of final Tplat ap site, J fhi heyer oocurc firVt. B. Provide a contribution to the tree fund for compencat' cl of the trees is ie amount . 8-( 41 inches /t a 17`/ealiper inch) pursuant to Re 31 prior to submittal ef-a-final plat applieatit of any ecnstr lition on the site, whiehevEr occurs first -AR- C. An3• City. A r e tree fend shall be rep -aid approved a ittal ofa-final plat application or eo tion t *Note: Final word' to be 4. Provide a revised landscape plan showing the streetscape improvements adjacent to East Plaza Drive to have a 4-foot wide paver "furnishing zone" adjacent to the curb with a 6-foot wide gray concrete sidewalk, noting the sidewalk along East Plaza Drive as an attached 10-foot wide sidewalk, including 4-feet of pavers and 6-feet of gray concrete with street trees, (reference Figure 1, page 16 herein) to be planted. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a building permit, whichever occurs first. 5. The 8-foot wide separated sidewalk required on the west side of North Palmetto Avenue, along with the commercial buildings, parking, and landscaping shall be reviewed and approved by the Design Review Board prior to the sidewalk on the west side of North Palmetto Avenue being constructed. 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. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. No signs are proposed with this application and none are approved_ 10. Provide a phasing plan showing the specific phases for the overall subdivision. The phasing elan shall be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a building permit, whichever occurs first. 11. Provide a revised landscape plan sheet L1.1 showing the area north of the residential townhomes with landscaping and/or patio finishes between the back of the sidewalk and the right-of-wav along East Plaza Drive. The revised landscape plan sheet L 1.1 shall be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a Page 19 of 24 K:\Planning DepttEagle Applications\Dr120201DR-18-20 Molinari Park Sub LS drfdocx building permit, whichever occurs first. 12. Provide a revised site/landscape plan showing the location and styles of fencing to be installed within the subdivision. The revised site/landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a building permit. whichever occurs first. 13. Provide a revised site/landscape plan showing size, color. and landscape screening of the pump house located in the southwest corner of the subdivision. The revised site/landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a building permit. whichever occurs first. 14. Provide a revised site/landscape plan showing the top of the berm located along the residential portion of the development along State Highway 44 to be 8-feet above the center line of the right-of-way. The revised site/landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the signature of the first final plat or issuance of a building permit. whichever occurs first. 15. Provide a revised landscape plan showing sixty foot (60') to seventy foot (70') tall coniferous trees (at maturity) and class III shade trees incorporated within the proposed 46-foot wide berm located along State Highway 44. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to signature of the first final plat or issuance of a building permit, whichever occurs first. 16. Provide a revised landscape plan showing planting details for the proposed street trees along East Plaza Drive utilizing permeable pavers, silva cells, or other similar type materials. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to signature of the first final plat or issuance of a building permit, whichever occurs first. 17. The berm located along the residential portion of the development along State Highway 44 shall be constructed with phase one. Provide a revised site/landscape plan showing that the berm located along the residential portion of the development along State Highway 44 shall be constructed in phase one. The revised site/landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to signature of the first final plat or issuance of a building permit, whichever occurs first. 18. Landscape sheet L3.0 contains a detail for stabilized decomposed granite. Provide detailed cut sheets for the stabilized decomposed granite. The detailed cut sheets shall be reviewed and approved by staff and two members of the Design Review Board prior to signature of the first final plat or issuance of a building permit, whichever occurs first. 19. Provide color samples and detailed cut sheets for all amenities located within the development. The color samples and detailed cut sheets shall be reviewed and approved by staff and two members of the Design Review Board prior to signature of the first final plat or issuance of a building permit, whichever occurs first. 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 20 of 24 K:1Planning DeptlEaglc Applications1Dr120201DR-I8-20 Molinari Park Sub LS drfdocx 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 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 21 of 24 K:1Planning Dept\Eagle Applications1DA20201DR-18-20 Molinari Park Sub LS drf.docx 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 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 Page 22 of 24 K:\Planning Dept\Eagle Applications\Dr\2020\DR-18-20 Molinari Park Sub LS drf.docx 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. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-18-20) 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 Page 23 of 24 K:1Planning Dcpt'Eaglc Applications1Dr120201DR-18-20 Molinari Park Sub LS drf.docu application within the CBD-DA-P (Central Business District 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, including parks, plazas, and a landscape buffer along State Highway 44 are 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 since the proposed common area landscaping adjacent to the residential areas and the landscaped berm along State Highway 44 are designed to be harmonious and appropriate in appearance within the downtown area and along the roadway; 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 since the proposed design elements are in accordance with and similar to the design and features noted in the Downtown Plaza Planning Area containing streetscape areas of pedestrian amenities including streetlights, benches, bike racks, and public art; 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 since the development will contain a public park, plaza areas, and pathways that are harmonious with the surrounding 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 buildings within the subdivision, and shall not cover nor detract from desirable architectural features. DATED this 8th day of October 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Craig Bra ATTEST: 1/4,&,i(Sharon . Bergmann, Eagle City Clerk Page 24 of 24 K.1Planning Dept\Eagle Applications\Dr120201DR-I8-20 Molinari Park Sub LS drf.docx 'C,•:CI:up