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Findings - DR - 2016 - DR-16-16 - Common Area Landscaping In Lanewood SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE ) COMMON AREA LANDSCAPING ) WITHIN LANEWOOD SUBDIVISION ) FOR SMITH -BRIGHTON, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -16-16 The above -entitled design review application came before the Eagle Design Review Board for their action on June 23, 2016. 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: Smith Brighton, Inc., represented by Van Elg, is requesting design review approval of the common area landscaping within Lanewood Subdivision. The 110.95 -acre site is located on the north side of West Floating Feather Road between North Lanewood Road and North Linder Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 18, 2016, and a revised application and associated information was received on May 24, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 25, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 — S/ZC/PUD/DA). On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03- 12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12). On February 28, 2013, the Design Review Board approve a design review application for the common area landscaping within Lanewood Subdivision (DR -03-13). On May 13, 2014, the Eagle City Council approved an extension of time application for the preliminary plat for Lanewood Subdivision (PP -01-12) (EXT -02-14). On September 9, 2014, the Eagle City Council approved a final development plan and final plat for Lanewood Subdivision No. 1 (FPUD-06-14 & FP -15-14). On September 23, 2014, the Eagle City Council approved an extension of time application for the execution of the development agreement for the rezone and the preliminary plat for Lanewood Subdivision No. 2 (RZ-04-13/PP-09-13). E. COMPANION APPLICATIONS: None. Page 1 of 13 KAPlanning DeptEagle ApplicationADr12016UM-16-16 Lanewood Sub LS drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: A subdivision on this site was originally approved through Ada County and with that approval; some infrastructure was installed on this site. However, most of the site is vacant or being used for agricultural purposes. I. SITE DATE: Total Acreage of Site — 110.95 -acres Total Number of Lots — 248 Total Number of Units - Residential — 222 Commercial — 0 Industrial — 0 Common — 26 Single-family — 222 Duplex — 0 Multi -family — 0 J. GENERAL SITE DESIGN FEATURES: N/A K. BUILDING DESIGN FEATURES: N/A Page 2 of 13 KAPlanning DeptTagle ApplicationADtt2016tDR-16-16 Lanewood Sub LS drf.docx COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (up to R -3 -DA -P (Residential Agricultural two units/ acre) maximum three units/acre with a development agreement and a planned unit development) Proposed No Change No Change Single -Family, Residential Planned Unit Development North of site Residential Two (up to RUT (Ada County Single -Family Residence two units/acre) Designation) and Agricultural South of site Residential Two (up to R -2 -DA -P (Residential Legacy Development two units/ acre) maximum two units/acre with (Mosca Seca Subdivision) a development agreement and a planned unit development) East of site Residential Two (up to RUT (Ada County Agricultural two units/acre) Designation) West of site Residential Two (up to RUT (Ada County Agricultural two units/ acre) Designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: A subdivision on this site was originally approved through Ada County and with that approval; some infrastructure was installed on this site. However, most of the site is vacant or being used for agricultural purposes. I. SITE DATE: Total Acreage of Site — 110.95 -acres Total Number of Lots — 248 Total Number of Units - Residential — 222 Commercial — 0 Industrial — 0 Common — 26 Single-family — 222 Duplex — 0 Multi -family — 0 J. GENERAL SITE DESIGN FEATURES: N/A K. BUILDING DESIGN FEATURES: N/A Page 2 of 13 KAPlanning DeptTagle ApplicationADtt2016tDR-16-16 Lanewood Sub LS drf.docx 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: Street trees are proposed throughout the development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A M. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. FENCING: A four foot and nine inch (4' 9") high wrought iron fence is proposed to be located adjacent to all open space areas and pathways. A six foot (6') high tan vinyl fence with approximately twenty inches (20") of lattice at the top is proposed along the entire frontage of North Linder Road, West Floating Feather Road, North Champions Way, and West Old World Street. R. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists U. 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 Page 3 of 13 KAPlanning DeptEagle ApplicationADA201MR-16-16 Lanewood Sub LS drf.docx Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report and incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Eagle Fire Department Idaho Transportation Republic Services Sawtooth Law Office (Drainage District No. 2) Tesoro Logistics NW Pipeline West Ada School District X. 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: 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. 6.4 Land Use Goals A. Preserve the rural transitional identity of the City of Eagle. 6.5 Land Use Objectives A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle 6.6 Land Use Implementation Strategies S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. W. Use smaller planning areas to help guide development in the western planning area. 6.8.2 Village Planning Area The Village Planning Area is designed to provide flexibility of design while also ensuring compatibility to existing large lot residential uses and transitional density as development approaches Homer Road and the Foothills. This area is not intended to be master planned but does Page 4 of 13 KAPlanning DeptTagle ApplicationADA2016OR-16-16 Lanewood Sub LS drf.docx require great care in planning to ensure that uses are compatible and that the Village Center serves as an anchor of the area and is not taken over by residential uses. A. Uses/Design The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality and office uses. Non-residential uses will be focused in the Village Center. 2. Residential Areas: b. Decreasing densities should be allowed as the area radiates out of the village center. The overall densities in the Village Planning Area outside of the village center shall average 1-2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 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 Design Review Board prior to the submittal of a final plat application. The developer shall provide shade 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 on the side lot lines, or as approved by the Design Review Board and within five - feet (5') of the edge of the roadway. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and irrigation improvements shall be provided to the City. The applicant shall submit a design review and alternative method of compliance applications to address the required landscape/screening buffers to be located adjacent to North Linder Road and West Floating Feather Road. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. The City Council desires Design Review Board review, however the City Council acknowledges that 35 -feet is a sufficient width for the buffer area to be located adjacent to West Floating Feather Road and North Linder Road. • All internal pathways shall be a minimum of six feet (6') in width. The applicant shall provide a revised Site Plan L1.0, showing all fencing located adjacent to a common area to be open style fencing, prior to the submittal of a design review application. Lots 26, 38, and 41, Block2, (located adjacent to open space that abuts West French Glen Drive), in addition to all lots located adjacent to common areas that abuts Floating Feather Road, Linder Road, North Champions Way, and West Olde World Street shall be permitted to have solid fencing. The fence design type shall be reviewed and approved by the Design Review Board; the Design Review Board should consider the noise concerns and privacy issues for those lots located along the Page 5 of 13 KAPlanning Dept\Eagle ApplicationADr12016\DR-16-16 Lanewood Sub LS drf.docx roadway. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -2A -7(A) Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the following: 1. Boundaries, property lines, and dimensions. 2. Existing trees and vegetation identified by species and size. 3. The location and design of areas to be landscaped. 4. The location and labels for all proposed plants. 5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. 6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas. 7. Planting and installation details as necessary to ensure conformance with all required standards. • Eagle City Code Section 8-2A-7 (J)(4)(b) Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of fifty feet (50') 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: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2A-7 (J)(4)(c) Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental 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 ten foot (10') high, maximum twelve foot (12') 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 Page 6 of 13 KAPlanning Dept\Eagle ApplicationADA20MDR-16-16 Lanewood Sub LS drf.docx distance to one foot (1) vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4) wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2A-7(0) Alternative Methods Of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required buffer yard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection O1 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. • Eagle City Code Section 8 -2A -8(B) GRADE: The elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or top of curb if one exists, adjacent to where the sign is to be placed, or the relative ground level in the immediate vicinity of the sign if determined by the zoning administrator to be an accurate determination for grade with regard to the intent of this article. HEIGHT OF SIGN: The vertical distance measured from the grade to the highest point of a sign or any vertical projection thereof. Architectural elements used above any sign area may be excluded from the maximum height measurement if the city determines that said architectural elements add to the character of the sign and do not create an overbearing appearance in relation to the sign, building and area. • Eagle City Code Section 8 -2A -8(C)(3) Subdivision Signs: a. One subdivision sign may be permitted on each side of any entry road into a subdivision, or within the landscape median at the entry road if approved by ACHD, and at the intersection of any collector and/or arterial streets abutting the subdivision. b. Subdivision signs shall not exceed eight feet (8) in height and the sign area shall not exceed sixty (60) square feet per side. D. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping within Lanewood Subdivision. On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with development agreement, planned unit development, and preliminary plat Page 7 of 13 KAPlanning DeptTagle ApplicationADA20I6OR-16-16 Lanewood Sub LS drfdocx for Lanewood Estates Planned Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 — S/ZC/PUD/DA). The berm widths on both Floating Feather Road and Linder Road required through Ada County were thirty five (35) feet. It was with this approval that the previous developer began installing the infrastructure (i.e.: sewer, water, and roadways). On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat applications for Lanewood Subdivision(A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12). The Council determined that because a significant amount of infrastructure had already been installed with the previous Ada County approval that the thirty five (35) foot wide berms along Floating Feather Road and Linder Road were sufficient width for the buffer area instead of the fifty (50) foot required on Floating Feather Road and the seventy five (75) foot required on Linder Road. The Council required the applicant to submit an alternative method of compliance application to be reviewed and approved by the Board to address the proposed buffers along Floating Feather Road and Linder Road. On February 28, 2013, the Design Review Board approve a design review application for the common area landscaping within Lanewood Subdivision (DR -03-13). An extension of time application was never submitted for the above mentioned design review application, thus the approval of the common area landscaping expired for Lanewood Subdivision. The landscape plan, date stamped by the City on May 24, 2016, shows a 35 -foot wide buffer along North Linder Road and West Floating Feather Road. Based on the road classification of North Linder Road and West Floating Feather Road, a 75 -foot wide buffer and 50 -foot wide buffer is what is required respectively. As noted in the discussion above, on December 11, 2012, the City Council determined that the existing 35 -foot wide buffers along both North Linder Road and West Floating Feather Road were sufficient. The Council required the applicant to submit an alternative method of compliance application to be reviewed and approved by the Board to address the proposed buffers along West Floating Feather Road and North Linder Road. The applicant has submitted an alternative method of compliance application for the buffers along both West Floating Feather Road and North Linder Road showing the minimum required deciduous and evergreen trees required within a typical 35 -foot wide buffer area as required within Eagle City Code. However, staff is unsure if the required shrub quantities meet what is required within Eagle City Code because the landscape plan shows a bubble area that represents the areas shrubs are to generally be located but not specific quantities. The landscape plan shows a plant schedule with a couple different planting symbols that represent numerous different types of deciduous trees, evergreen trees, and shrubs to be planted within the buffer areas along West Floating Feather Road, North Linder Road, and throughout the development. Pursuant to Eagle City Code, landscape plans are required to show the specific location and plant material to be planted within the common areas and buffers of a development. The applicant should be required to provide a revised landscape plan showing the specific location and species of all deciduous and evergreen trees and all shrubs proposed within this development. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. Staff defers comment regarding the proposed plant material along West Floating Feather Road and North Linder Road to the Design Review Board. Sheet L11.0, date stamped by the City on May 24, 2016, shows a detail and cross section of a landscape feature to be located on the northwest corner of West Floating Feather Road and North Linder Road. The detail indicates the flat area at the top of the berm area is for a future monument sign. Pursuant to Eagle City Code, subdivision signs are not to exceed eight feet (8') in height as measured from the adjacent centerline of the road. A design review sign application has not been submitted with this application and no signs are approved. However, the applicant needs to be aware of the maximum height a subdivision monument sign may be pursuant to Eagle Page 8 of 13 KAPlanning DeptEagle ApplicationADA201RDR-16-16 Lanewood Sub LS drf.docx City Code is eight feet (8') as measured from the centerline of the adjacent road. This may require the applicant to redesign the landscaping and berming proposed at the northwest corner of West Floating Feather Road and North Linder Road. • Staff defers comment regarding landscape design to the Design Review Board. 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 June 23, 2016, 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 (Schaffer, Baer, Germano, and Koci absent) to approve DR -16-16 for a design review application for the common area landscaping within Lanewood Subdivision for Smith Brighton, Inc., with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of Lanewood Subdivision (A-03-12/RZ-03-12/CU-03- 12/PPUD-0I-12/PP-01-12 and EXT -02-14). 2. Provide a revised landscape plan showing the specific location and species of all deciduous and evergreen trees and all shrubs proposed within this development. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. 3. No signs are proposed with this application and none are approved. The maximum height a subdivision monument sign may be pursuant to Eagle City Code is eight feet (8') as measured from the centerline of the adjacent road. This may require the applicant to redesign the landscaping and berming proposed at the northwest corner of West Floating Feather Road and North Linder Road. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. Provide a revised landscape plan showing the addition of two (2) to three (3) evergreen trees per one hundred (100) linear feet and increase the tree caliper of deciduous trees to be a minimum of 21/z - inches along the frontage of both North Linder Road and West Floating Feather Road. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. 6. Provide a revised landscape plan showing the street trees along the internal roads of the development to alternate in species to avoid entire streets losing trees to disease. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk singing the final plat. 7. Provide a revised landscape plan showing how the top of the berm detailed on Sheet L11 0 is to be planted until a sign is constructed in this location. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the Page 9 of 13 KAPlanning DeptEagle ApplicationADA201RDR-16-16 Lanewood Sub LS drf.docx final plat. 8. The applicant shall be required to provide a safety shelf within the irrigation pond in compliance with the irrigation standards specified within Eagle City Code Section 9-4-1-9(C). 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 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 Page 10 of 13 KAPlanning Dept\Eagle ApplicationADA201RDR-16-16 Lanewood Sub LS drf.docx 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 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 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 Page 11 of 13 KAPlanning DeptEagle ApplicationAM2016MR-16-16 Lanewood Sub LS drf.docx 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. 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. Page 12 of 13 KAPlanning Dept\Eagle ApplicationsVDA2018DR-16-16 Lanewood Sub LS drEdocz CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -16-16) 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. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the R -3 -DA -P (residential maximum three units/acre with a development agreement and a planned unit development) zoning district. DATED this 14' day of July 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grubb, Chairman ATTEST: Sharon K. Bergmann, Eagle City Cl rk .• 0 BAGCF 10 ••� s 02 •,,����Tq,,r,E a OF•••••. Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 KAPlanning Dept\Eagle ApplicationADA2016MR-16-16 Lanewood Sub LS drf.docx