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Findings - DR - 2017 - DR-08-17 - Common Area Landscaping In Senora Creek Subdivision No 3BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN SENORA CREEK SUBDIVISION NO. 3 FOR SCHULTZ DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -08-17 The above -entitled design review application came before the Eagle Design Review Board for their action on March 23, 2017. 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: Matt Schultz with Schultz Development is requesting design review approval of the common area landscaping within Senora Creek Subdivision No. 3. The 4.72 -acre site is located on the west side of North Park Lane approximately 1,300 -feet south of the intersection of North Park Lane and West Floating Feather Road at 725 North Park Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 7, 2017. Revised plans were received by the city on March 10, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 23, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 28, 2005, the Eagle City Council approved an annexation, rezone application, and a preliminary plat application for Eagle Creek Subdivision (A-2-05/RZ-4-05/PP-4-05). On August 9, 2005, the Eagle City Council approved a design review application for the common area landscaping and clubhouse within Eagle Creek Subdivision (DR -24-05). On July 26, 2006, the Eagle City Council approved a final plat application for Eagle Creek East Subdivision (aka Senora Creek Subdivision No. 2) (FP -05-06). The Senora Creek Subdivision No. 3 site was previously apart of Senora Creek Subdivision No. 2. On November 15, 2016, the Eagle City Council approved a rezone from A -R (Agricultural - Residential) to R -3 -DA (Residential with a development agreement) and preliminary plat for Senora Creek Subdivision No. 3 (RZ-08-16 & PP -06-16). E. COMPANION APPLICATIONS: DR -09-17 (subdivision entry sign) Page 1 of 13 K:1Planning Dcpt\Eagle Applications\Dr\2017\DR-08-17 Senora Creek Sub No. 3 LS drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Residential Three No Change Residential Three Residential Three Public/Semi-Public Residential Three ZONING DESIGNATION R -3 -DA (Residential with a development agreement) No Change R -E (Residential -Estate) R -E (Residential) PS (Public/Semi-Public) R-3 (Residential) LAND USE Senora Creek Subdivision No. 3 No Change Single Family Residence /Pasture Single Family Residential (Senora Creek Subdivision No. 2) Park Lane/Eagle High School Single Family Residential (Senora Creek Subdivision No. 2) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has one (1) existing house on Lot 29, Block 10, and mature trees on the southeast boundary of the site. The applicant is proposing to retain twenty-four (24) trees. See Section L. "Landscaping Design" herein for a specific landscape architect overview of the trees proposed for removal. See discussion section under staff analysis herein (page 7) for an analysis regarding the proposed tree removal. I. SITE DATA: Total Acreage of Site — 4.72 -acres Total Number of Lots — 16 Residential — 12 Commercial — 0 Industrial — 0 Common — 4 Total Number of Units - 12 Single-family — 12 Townhouse — 0 Multi -family — 0 J. GENERAL Sl1'h DESIGN FEATURES: Number and Uses of Proposed Buildings: None Height and Number of Stories of Proposed Buildings: N/A Gross Floor Area of Proposed Buildings: N/A On and Off -Site Circulation: N/A K. BUILDING DESIGN FEATURES: N/A Page 2 of 13 KA\Planning Dept\Eagle Applications\Dr\2017\DR-O8-17 Senora Creek Sub No. 3 LS drf.docx r, 1 L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are thirty-three (33) existing trees on the site. The applicant is proposing to retain twenty-four (24) trees and remove nine (9) existing trees. Below is a list of the existing trees proposed to be removed with their respective conditions identified on the landscape plan, date stamped by the city on March 10, 2017. Tree Specie Caliper / Height Condition Weeping Willow 48" caliper Weak wooded/No mitigation required per Eagle City Code Ash 30" caliper Healthy Ash 30" caliper Healthy Fruiting Apple 10" caliper Suckering/messy fruit May be exempt from replacement if removal is first approved Fruiting Cherry 12" caliper Suckering/mess fruit May be exempt from replacement if removal is first approved Fruiting Cherry 10" caliper Suckering/messy fruit May be exempt from replacement if removal is first approved Redbud 10" caliper Healthy Crabapple 8" caliper Healthy Ash 8" caliper Ash borer infested, badly damaged trunk/May be exempt from replacement if removal is first approved Tree Replacement Calculations: The applicant is proposing to remove nine (9) trees totaling 166 -caliper inches. See the discussion section under staff analysis herein (page 7) for additional information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along North Prickly Pear Drive, North Nolina Avenue, and North Park Lane. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. The applicant is proposing to extend the pressurized irrigation system (owned by the Eagle Creek Homeowner's Association) into Senora Creek Subdivision No. 3. Transition Zones: N/A Parking Lot Landscaping: N/A M. TRASH ENCLOSURES: N/A Page 3 of 13 KAPlanning Dept\Eagle Applications\Dr12017\DR-08-17 Senora Creek Sub No. 31S drf.docx 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 (DR -09-17) has been submitted for the approval of the subdivision entry monument sign proposed on the site. 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-S1'1'h, FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes, located in proximity to the existing residence 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 attached to the staff report. Department of Environmental Quality Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. Q. Page 4 of 13 K:\P1anning Dept\Eagle Applications\Dr12017\DR-08-17 Senora Creek Sub No. 3 LS drf docx 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 February 10, 2015), designates this site as the following: Residential Three Suitable primarily for single family residential development within an urbanized setting. An allowable density of up to 3 units per 1 acre. 6.8.1 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. A. Uses The land use and development policies specific to the Park Lane Planning Area include the following: 6. The area located on the northwest corner of State Highway 44 and Park Lane is designated Mixed Use for the southern 17 -acres, transitioning to residential, 3 units per acre for the northern portion of the property. The transition area between the mixed use and the residential area shall be reviewed and conditioned by the City through the use of a development agreement at the time of rezone. C. Access 1. Access to and through should be limited to existing roads (Old Valley Road, Park Lane and Linder Road); no direct access from State Street/ Highway 44 shall be permitted unless a new access point is designated by the State of Idaho for Eagle Island State Park. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None C. PRELIMINARY PLAT PROVISISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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. • The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) and sod along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. 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 Page 5 of 13 K:\Planning DeptTagle Applications \Dri2017\DR-08-17 Senora Creek Sub No. 3 LS dr docx 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. (ECC 8 -2A -7[E] and ECC 8-2A-18) • The applicant shall provide a license agreement from ACHD approving the landscaping located within the public right-of-way abutting and within this site prior to approval of a final plat. (ECC 9- 4-1-2) 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 -7(c): Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches caliper 16'/a inches to 12 inches Replacement 2x caliper of tree removed 1.5x caliper of tree removed 1 121/4 inches or more 1x caliper of tree removed Removal of the following trees shall not 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. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. 2. 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 or shrub shall be replaced in accordance with subsection C1 of this section. Page 6 of 13 K:\Planning Dept\Eagle Applications\Dr\2017\DR-08-17 Senora Creek Sub No. 3 LS drLdocx 3. 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. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. (Ord. 699, 5-28-2013) • Eagle City Code Section 8 -2A -7(d): Prohibited Materials and Landscaping: 2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground covers planted within the vision triangle shall not exceed three feet (3') height at maturity. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line. The sight distance obstruction is also applicable to railroad -highway grade crossings with the vision triangle defined by measuring forty feet (40') along the railroad property line. In all cases, lTD and ACHD standards shall apply also. (Ord. 462, 11-11-2003) E. DISCUSSION: • The revised landscape plan, date stamped by the city on March 10, 2017, shows the removal of nine (9) existing trees located on Lot 3, Block 11, and in front of Lot 29 and 30, Block 10. There are five (5) trees on the site that the applicant has identified as in bad condition, suckering, messy fruit or weak wooded. There are four (4) trees that merit discussion regarding replacement. The two (2) thirty (30) inch caliper Ash trees have a replacement value of sixty (60) inches. The ten (10) inch caliper Redbud tree has a replacement value of fifteen (15) inches (the Redbud tree is between 6 '/4 - 12 caliper inches in size; the replacement multiplier is 1.5 times the caliper). The eight (8) inch caliper Crabapple tree has a replacement value of twelve (12) inches (the Crabapple tree is between 6'/a - 12 inches in size; the replacement multiplier is 1.5 times the caliper). If approved for removal, the total tree caliper replacement would be eighty-seven inches (87"). The applicant is proposing to mitigate the required eighty-seven (87) inches of tree replacement caliper by adding thirty-three (33) trees to be planted within the residential lots by the homeowners and by adding twelve (12) trees to be planted within the common areas and parkways. Staff defers comment regarding the removal of the four (4) existing trees to the Design Review Board. • The revised landscape plan, date stamped by the city on March 10, 2017, shows three (3) trees to be planted on each lot (excluding Lot 29, Block 10) in addition to the street trees. The applicant is proposing to regulate the planting of these trees through the subdivision CC&R's. The plan does not show the type or variety of trees will be allowed to be planted. The applicant should be required to submit a revised landscape plan that includes a list of trees the homeowners will be allowed to plant in the locations identified on the landscape plan. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board. • The revised landscape plan, date stamped by the city on March 10, 2017, shows two (2) street trees along North Prickly Pear Drive on the west property line. Google Earth © imagery, dated 4/1/2016, shows two (2) existing street trees located along North Prickly Pear Drive on the east property line within Senora Creek Subdivision No. 2. Staff is concerned there may be an overcrowding issue. The applicant should provide a revised landscape plan identifying the minimum distance between the four (4) street trees to assure there is adequate distance between the trees. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 7 of 13 K:1Planning Dept'Eagle Applications1Dt120171DR-08-17 Senora Creek Sub No. 3 LS drf.docx • Staff defers comment regarding the common area landscaping 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 March 23, 2017, 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 5 to 0 (Baer and Germano absent) to approve DR -08-17 for a design review application for the common area landscaping within Senora Creek Subdivision No. 3 for Schultz Development, 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 RZ-08-16 and PP -06-16. 2. Provide a revised landscape plan that includes a list of trees the homeowners will be required to plant in the locations identified on the landscape plan. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Prior to the City Clerk signing the final plat the applicant shall either install the required trees in the front yard of each lot and rear yard of each lot or provide the City with a letter of credit for 150% of the cost of the installation of all required trees. 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. On-going surety for required trees for all undeveloped portions of the development will be required through project completion. 4. A plan showing construction fencing around the existing trees (a minimum of 10 -feet from the trunk of the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip line of the trees should be submitted to the City. Construction fencing shall be installed around all existing trees required to be retained by the Design Review Board prior to the commencement of any construction on the site. Cups or dams shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within the drip line of the trees. 5. Provide a revised landscape plan identifying the minimum distance between the two (2) street trees located on the west boundary of Senora Creek Subdivision No. 3 and the two (2) street trees located on the east boundary of Senora Creek Subdivision No. 2. to assure there is a minimum of thirty-five feet (35') distance between the trees. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Provide a license agreement from ACHD approving the landscaping located within the right-of-way abutting and within the site prior to approval of a final plat. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle Page 8 of 13 KAPlanning Dept\Eagle Applications \Dr\2017\DR-O8-17 Senora Creek Sub No. 3 LS drf.docx City Code. 8. 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. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No signs are proposed with this application. A separate design review application (DR -09-17) has been submitted for the subdivision entrance monument sign. 12. Provide a revised landscape plan showine Class I street trees located under the powerlines adjacent to, North Park Lane. The revised landscape plan shall be reviewed and approved by staff and one member of the Desi>?n Review Board prior to the issuance of a zonine certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources 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 Page 9 of 13 KAPlanning DepEagle ApplicationADd2017\DR-08-17 Senora Creek Sub No. 3 LS drf.docx 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 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, Page 10 of 13 KAPlanning Dept\Eagle Applicalions\Dr\2017DR-08-17 Senora Creek Sub No. 3 LS drf.docx 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 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 Page 11 of 13 KAPlanning DeptTagle Applications\ Dr\2017\DR-08-17 Senora Creek Sub No. 3 LS drf.docx 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 -08-17) 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 the common area landscaping for Senora Creek Subdivision No. 3 is permitted with the approval of a design review application within the R -3 -DA (Residential three with a development agreement) 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 subdivision landscaping is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed landscaping is in compliance with Eagle City Code; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; 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 area; and I. No signs are proposed with this application. A separate design review application (DR -09-17) has been submitted for the subdivision entry monument sign and the sign will be required to be harmonious with the architectural design of building and adjacent buildings, and will not detract from desirable architectural features. Page 12 of 13 K:\Planning Dept\Eagle Applications'Dr\2017\DR-08.17 Senora Creek Sub No. 3 LS drf.docx DATED this 13th day of April 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho r Robert Grubb, airmanrman ATTEST: (1 � tet_ Shan- Bergmann, Eagle City Clerk Page 13 of 13 K:\Planning Dept\Eagle Applications \Dr12017\DR-08-17 Senora Creek Sub No. 3 LS drf.docx