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Findings - DR - 2015 - DR-06-15 - Common Area Landscaping In Snoqualmie Falls Subdivision No 6 BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE ) COMMON AREA LANDSCAPING WITHIN ) SNOQUALMIE FALLS SUBDIVISION ) NO. 6 FOR HORSESHOE FLATS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-06-15 The above-entitled design review application came before the Eagle Design Review Board for their action on March 26, 2015. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Horseshoe Flats, LLC, represented by Justin Martin, is requesting design review approval to construct the common area landscaping within Snoqualmie Falls Subdivision No. 6. The 105.65- acre site is located approximately 515-feet south of West Floating Feather Road, adjacent to North Palmer Lane at the western terminus of West Signature Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 11, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 17, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat (A-09- 05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community. On August 22, 2006, the City Council approved a design review application for the common area landscaping and sports academy facility within Legacy Planned Community(DR-64-06). On August 28, 2007, the City Council approved the final development plan and final plat FPUD- 01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2. On September 18, 2007, the City Council approved a modification to the Conditions of Development and associated exhibits(RZ-13-05 MOD)to the development agreement to provide a time schedule for the build-out of the Academy Core area located within Mosca Seca Subdivision (located within the Legacy Planned Unit Development). On February 19, 2008, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD 2) within the development agreement to address the percentage of allowable second story square footage in relationship to the first floor for homes located on lots less than 8,000-square feet in size, the provisions of private roads, construction flooring material for attached single-family dwellings, and the Memorandum of Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf doc Agreement regarding the on-site municipal water system. On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for the preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2010. On November 9, 2010, the City Council approved an extension of time (EXT-07-10) for the preliminary plat for Mosca Seca Subdivision (PP-01-06)to be valid until August 25, 2011. On September 13, 2011, the City Council approved an extension of time (EXT-06-11) for the preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2012. On June 26, 2012, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the allowed density, modify the open space by removing the requirement to construct the sports academies, and address the condition of development regarding a school site. On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On January 10, 2013, the City approved a design review application to modify the landscaping within Snoqualmie Falls No. 2 (DR-64-06 MOD). On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On May 1, 2014, the City approved a design review application to modify the landscaping within Snoqualmie Falls No. 2 (DR-64-06 MOD2). On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the Ada County Recorder's office. On January 23, 2014, the Eagle Design Review Board approved a design review application for the common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR-68-13). On March 25, 2014, City Staff approved a design review application to modify the common area landscaping within Snoqualmie Falls No. 4 (DR-68-13 MOD). On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada County Recorder's office. On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada County Recorder's office. On March 13, 2014, the Eagle Design Review Board approved a design review application for the common area landscaping within Snoqualmie Falls Subdivision No. 5 (DR-07-14). E. COMPANION APPLICATIONS:None Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two R-2-DA-P(Residential with a Agricultural/Part of development agreement- Proposed Legacy PUD) Development Proposed Residential Two R-2-DA-P(Residential with a Single-Family, Residential development agreement- Planned Unit Development PUD) North of site Residential Two R-2-DA-P(Residential with a Legacy Development development agreement- (Snoqualmie Falls Subs) PUD) South of site Residential Two R-2-DA-P(Residential with a Agricultural development agreement- PUD) East of site Residential Two R-2-DA-P(Residential with a Legacy Development development agreement- (Mosca Seca Subs) PUD) West of site Residential Two R-2-DA-P(Residential with a Agricultural development agreement- PUD) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is vacant land located at the terminus of Signature Drive east of Snoqualmie Subdivision Nos. 4 and 5. I. SITE DESIGN INFORMATION: Total Acreage of Site— 105.65-acres Total Number of Lots— 196 Residential— 176 Commercial— 1 (City Well Lot) Industrial—0 Common— 19 Total Number of Units- Single-family— 176 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf.doc Additional Site Data Proposed Required Dwelling Units Per Gross 1.67-dwelling Up to 2.2 units per acre maximum(based upon the Acre units per acre executed development agreement) Minimum Lot Size 9,040-square 5,000-square feet feet Minimum Lot Width 87-feet No minimum Minimum Street Frontage 38-feet 35-feet Total Acreage of Common 35.07-acres 21.13-acres(minimum) Area Open Space Percent of Site as 33.19% 20%minimum(Required pursuant to the executed Common Area Open development agreement) Space J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat date stamped by the City on November 6, 2014, shows between a 74 and 77-foot wide common lot on the south side of West Nordic Drive abutting the Middleton Canal, and a 55-foot wide common lot on the north side of West Nordic Drive. West Nordic Drive is designated as a residential collector within the Legacy development. Pursuant to the executed development agreement (Instrument No. 106161990), a 35-foot • wide landscape strip is required adjacent to all collector roads on the property with a minimum five foot high berm/wall combination with extensive landscaping pursuant to Eagle City Code 8-2A-7. Open Space: A total of 35.07-acres (33.19%) of common area is proposed within the planned unit development. The common area is a combination of pathways, road buffer areas, ponds, tot lot and streetscape (landscape islands and landscape strip between the curb and sidewalk). A minimum of 20%open space is required within a planned unit 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&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 in width. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)-No. Page 4 of 14 K\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS dill doe 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. The existing trees located around the existing home on the property are proposed to be removed. 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. K. STREET DESIGN: Private or Public Streets: Public The preliminary plat, date stamped by the City on November 6, 2014, contains two (2)typical street sections within the development showing: • W. Nordic Dr.: The typical street section for Nordic Drive shows 50-feet right-of-way with a 36-foot wide roadway section (as measured from back-of-curb to back-of curb), vertical curb, an eight foot (8') wide landscape planter strip and five foot (5') wide sidewalk located on the north side of the roadway and a ten foot (10') wide pathway located on the south side of the roadway adjacent to Middleton Canal. The sidewalk and pathway are located within common lots outside of the right-of-way. A license agreement from ACHD will be required for the pathway and sidewalk. • N. Palmer Lane: The typical street section for Palmer Lane shows 25-feet of right-of- way from the centerline of the roadway with a 23.5-foot wide roadway section (as measured from centerline to 1.5-feet behind back-of curb), vertical curb, an eight foot (8') wide landscape planter strip and ten foot (10') wide sidewalk located on the east side of the roadway. The sidewalk is located within the common lot and well lot outside of the right-of-way. A license agreement from ACHD will be required for the sidewalk. • Internal Streets: The typical street section for the internal streets show 60-feet right-of- way with a 33-foot wide roadway section (as measured from back-of-curb to back-of curb), an eight foot (8') wide landscape planter strip and five foot (5') wide sidewalk located on each side of the roadway located within the right-of-way. • Internal Street (with landscape islands): The typical street section for the internal streets show 81-feet right-of-way with a 21-foot wide roadway sections on either side of the island (as measured from back-of-curb to back-of curb), a twelve foot (12') wide landscape island, an eight foot(8')wide landscape planter strip and five foot(5') wide sidewalk located on each side of the roadway located within the right-of-way. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None Cul-de-sac Design: Two(2)cul-de-sacs are proposed for this site: • West Striker Lane: 400-feet in length, 50-foot radius from center of the landscape island to back-of-curb. Travel lane is 40-feet in width from back-of-curb to face of landscape island. Landscape island is 20-feet in width • North Chastain Circle: 250-feet in length, 50-foot radius from center of the landscape island to back-of-curb. Travel lane is 40-feet in width from back-of-curb to face of Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\201 S\DR-06-1 S Snoqualmie Falls 6 LS drf.doc landscape island. Two (2)temporary turnarounds are proposed for this site at the terminus of N. Moonbeam Ave and N. De Marini Ave. Sidewalks: A detached five foot(5')wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior roadways. A detached ten foot (10') wide bicycle/pedestrian pathway is proposed to be located on the south side of West Nordic Drive, a collector roadway, pursuant to the executed development agreement, and a 5-foot wide detached sidewalk is proposed to be located on the north side of West Nordic Drive,both of which will be located within an easement. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Names Committee prior to submittal of a final plat application. L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations:N/A Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing street trees along all the streets proposed within this phase. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A M. TRASH ENCLOSURES:N/A N. MECHANICAL UNITS:N/A O. OUTDOOR LIGHTING: A site and parking lot light plan showing location,height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf doc Q. 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. R. PUBLIC USES PROPOSED:None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern -none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-no Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments,which appear to be of special concern, are noted below: Eagle Fire Department Middleton Mill Ditch Company and Middleton Irrigation Association (Sawtooth Law Offices, PLLC) Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the following: Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS dr£doc Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7(J)(4)(a) Any road designated as an urban or rural collector on the transportation and pathway network plan 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. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (Original Development Agreement Instrument No. 106161990) 3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16, Linder Road, Floating Feather Road, and the east/west collector and Palmer Lane,which landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit I attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The landscaping, including street trees and pathways, shall be reviewed and approved as required by the applicable provisions in the Eagle City Code and as set forth below: 3.11.3 A 35-foot wide landscape strip along all collector roads on the Property, including Palmer Lane, shall include a minimum five foot high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. D. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping within Snoqualmie Falls Subdivision No. 6, a 105.65-acre development with 196-lots(176-buildable and 20-common)residential planned unit development. The common area consists of eight(8)ponds, the buffer area along Palmer Lane, and the buffer area along Nordic Drive. Pursuant to past action by the Design Review Board,the applicant has been permitted to reduce the number of trees planted within the buffer along Floating Feather which is classified as a collector road. This was based on the applicant increasing the minimum height of the berm from 5-feet to a minimum of 10-feet in height and increasing the size of the evergreen plant material to an average height of 18- feet to be planted adjacent to Floating Feather Road. Pursuant to the applicant's justification letter,the applicant is requesting to continue the same look of the berm located adjacent to Floating Feather Road within Snoqualmie Falls Subdivision No. 3. The landscape plan, dated Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf doc stamped by the City on February 11, 2015, shows the height of the berm along Palmer Lane to be a minimum of 10-feet in height. The landscape plan also shows the number of deciduous trees reduced by 20 and the evergreen trees reduced by 25 of that which is required within the buffer area along Palmer Lane. In addition to the quantity of the plant material being reduced along Floating Feather Road,the applicant provided stone retention walls throughout the berm. The proposed berm along Palmer Lane does not incorporate retention walls and the size of the plant material has been specified to meet the minimum required within Eagle City Code which is 6 to 7- feet in height. If the Design Review Board recommends approval of the reduced plant material along Palmer Lane,the applicant should be required to provide a revised landscape plan showing retention walls incorporated within the berm along Palmer Lane. The revised landscape plan should show the size of the plant material increased in size. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. • The landscape plan, date stamped by the City on February 11, 2015, shows a 50-foot wide, 5-foot high berm to be located adjacent to Nordic Drive. The plant quantity is significantly reduce from that which is required within Eagle City Code; however, the applicant is requesting to continue the look that has already been provided along Nordic Drive within previous phases of Snoqualmie Subdivision. In previous phases of Snoqualmie Falls Subdivision,Nordic Drive has retention walls located throughout the berm. The landscape plan, date stamped by the City on February 11, 2015, does not show any retention walls to be constructed within this phase of the development or the size of the trees to be planted within the buffer along Nordic Drive. The applicant should be required to provide a revised landscape plan showing retention walls incorporated within the berm along Nordic Drive. The revised landscape plan should show the size of the trees to be planted along Nordic Drive increased in size. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. • There is an overhead power line that runs from the terminus of Nordic Drive within Snoqualmie Falls No. 5 to the west. Pursuant to Eagle City Code, all electrical service systems are to be installed underground. The applicant should be required to provide a plan showing the overhead electrical service system is to be located underground. The plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on March 26, 2015, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 3 to 0 (Grubb, Martin, Hash, and Schafer absent)to approve DR-06-15 for a design review application for the common area landscaping within Snoqualmie Falls Subdivision No. 6 for Horseshoe Flats,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 Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf doc Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of CU-06-14/PPUD-03-14/PP-09-14. 2. Provide a revised landscape plan showing retention walls incorporated within the berm along Palmer Lane. The revised landscape plan shall show the size of the plant material increased in size to an average of 10-foot high evergreen trees and an average of 3-inch caliper deciduous trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 3. Provide a revised landscape plan showing retention walls incorporated within the berm along Nordic Drive. The revised landscape plan shall show the size of the trees to be planted along Nordic Drive increased in size to an average of 10-foot high evergreen trees and an average of 3-inch caliper deciduous trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 4. Provide a plan showing the overhead electrical service system, located in alignment with Nordic Drive, is to be located underground. The plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. No signs are proposed with this application and none are approved. 7. Provide a revised landscape plan showing a fence to be located in the vicinity of the tot lot to provide a barrier between the tot lot and the pond. The style of fencing shall match the wrought iron fencing used in previous phases of this development. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-1 S Snoqualmie Falls 6 LS drf.doe 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, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any Tights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. Page 11 of 14 K:\Planning Dept'Eagle Applications\Dr\2015\DR-06-l5 Snoqualmie Falls 6 LS drf doc 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf doc 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on February 11, 2015. 2. Requests for agencies' reviews were transmitted on February 17, 2015, in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-06-15) 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. The Board recognizes the number of plantings proposed within the buffer area along Palmer Lane does not meet the minimum number required within Eagle City Code but given the 10 to 12-foot high berm, the addition of sandstone retaining walls, the wider buffer area,the ponds, and the increased size of the plantings required, the Board feels that the landscape plan satisfies the spirit of the code and the quality of development within the City of Eagle. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the R-2-DA-P(residential with a development agreement PUD)zoning district. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-15 Snoqualmie Falls 6 LS drf.doc DATED this 9th day of April 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho i, . °f f Robert Grubb, Chairman 0,0 0OF EA 0/••, . 14 k. .• h< ,� tt` ••, ATTEST: i O to # :* SVp�� Q : Sharon Bergmann, Eagle City Jerk ••.,�17'E�O •,,, Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\2015\DR-06-1S Snoqualmie Falls 6 LS drfdoc