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Findings - CC - 2017 - DR-43-17 - Common Area Landscaping In Bald Eagle SubdivisionBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN BALD EAGLE POINTE SUBDIVISION FOR MARTIN, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -43-17 The above -entitled design review application came before the Eagle City Council for their action on November 14, 2017. The Eagle City Council 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: Martin, LLC, represented by Jesse Buster with Stack Rock Group, is requesting design review approval for the common area landscaping within Bald Eagle Pointe Subdivision. The 41.15 -acre site is located on the south side of West State Street (SH -44) at the southeast corner of West State Street (SH -44) and West Moon Valley Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 24, 2017. Supplemental information was received by the City of Eagle on October 2, 2017 (revised landscape plan). C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 30, 2017, and September 15, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: Resolution 04-15: A resolution adopting the "Soaring 2025" Western Area Plan and including this area into the City's Comprehensive Plan. Resolution 08-20: A resolution repealing the "Soaring 2025" Western Area Plan and incorporating the Soaring 2025 Plan into the City 2007 Comprehensive Plan. On October 30, 2007, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Eagle Commons (aka Bald Eagle Pointe) planned unit development for Eagle Commons, LLC. (A-03-07/RZ-03-07/CU-02- 07/PPUD-03-07/PP-07-07) On April 1, 2008, the development agreement associated with the rezone #RZ-03-07 was executed by the city and the owner of the property. Pursuant to Condition of Development 3.1.1, the development agreement terminated on April 1, 2011, due to a pathway of annexation of the property was not identified by the applicant within 36 -months of execution of the development agreement. On July 25, 2017, the City Council approved a comprehensive plan text and map amendment, annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Bald Eagle Pointe Subdivision (CPA-01-17/A-01-17/RZ-03-17/CU-01- 17/PPUD-01-17/PP-01-17). Page 1 of 13 K \Planning lhpt\Eagle Applications\Dr\2017\DR-43-17 Bald Eagle Pointe Sub LS ccI docx E. COMPANION APPLICATIONS: None 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 Two No change Mixed Use and High Density Residential Floodway and Residential Estate Mixed Use, Floodway and Residential One Professional Office and Residential Estate ZONING DESIGNATION R -3 -DA -P (Residential with a development agreement — PUD No change MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) and RUT (Rural -Urban Transition — Ada County designation) RUT (Rural -Urban Transition — Ada County designation) RUT (Rural -Urban Transition — Ada County designation) RUT (Rural -Urban Transition — Ada County designation) LAND USE Residential planned unit development No change Agriculture and proposed Eaglefield Village Subdivision Conservation easement and single-family residential Single-family residence Tealwood and Moon Valley Ranch Subdivisions (single-family residential) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. I. SITE DATA: Total Acreage of Site — 41.15 -acres Total Number of Lots — 71 Total Number of Units — 63 Residential — 63 Commercial — 0 Industrial — 0 Common — 8 Single-family — 63 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: N/A Height and Number of Stories of Proposed Buildings: N/A Gross Floor Area of Proposed Buildings: N/A Page 2 of 13 K:\I'lanntng Dept\Eagle Applications\Dr\21117\DR-43-17 Bald Eagle Pointe Sub LS ccf.docx On and Off -Site Circulation: N/A K. BUILDING DESIGN FEATURES: N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The applicant is proposing to remove fifty-one (51) existing trees from the site. Three (3) of the trees are Walnut trees and will require mitigation. Forty-eight (48) trees are Black Locust and Cottonwood trees which are species identified by Eagle City Code Section 8 -2A -7(C) that will not require mitigation. All other existing trees on the site are proposed to be retained and protected. Below is a list of all existing trees proposed to be removed with their respective conditions identified within the existing tree plan, date stamped by the city on October 4, 2017. Tree Specie Caliper / Height Condition Walnut (3) 8" caliper Good condition/will require 10" caliper mitigation 14" caliper Black Locust/Cottonwood (48) 4" - 40" caliper Poor condition/no landscape value/No mitigation required per Eagle City Code Tree Replacement Calculations: There are three (3) Walnut trees proposed to be removed. Pursuant to Eagle City Code Section 8 -2A - 7(C), the applicant is required to mitigate for a total of forty-one (41) caliper inches. The applicant provided three inch (3") caliper trees within the common areas which provided an additional forty-three (43) caliper inches above what is required per Eagle City Code 8 -2A -7(E)(4 and 5) for the mitigation of these trees. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along West Polecat Drive, West River Springs Drive, South Chastain Way, and South World Cup Avenue. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: N/A b. Interior 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 to be Page 3 of 13 K:\Planning Dcpt\Faglc Applications\DA2017\DR-43-17 Bald I'agle Points Sub 1 S ccl:docx Q. reviewed and approved by the Zoning Administrator prior to issuance of any building permits. approval of any signs. 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 — Yes — located adjacent to the Boise River Evidence of Erosion - No Fish Habitat — Yes — Boise River Floodplain — Yes — Boise River, most of the site is located within an AE Zone Mature Trees — Yes — located adjacent to the southern boundary of the site Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes - No Stream/Creek — Yes — Boise River Unique Animal Life - unknown Unique Plant Life — Yes — riparian area located adjacent to the Boise River Unstable Soils - unknown Wildlife Habitat — Yes — located adjacent to the Boise River 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: Andeavor (formerly Tesoro Logistics NW Pipeline) Department of Environmental Quality Eagle Fire Department Eagle Parks and Recreation Department Idaho Transportation Department Pioneer Ditch Company 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: The Comprehensive Plan Land Use Map (adopted February 10, 2015), 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. Page 4 of 13 K:\Planning Depl\l agle Applications\Dr\?017\DR-J3-17 Bald Eagle Pointe Sub 1 S ect.docx B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 (b) A requirement for all fencing located adjacent to open space and corner lots to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited. 3.4 (d) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. 3.4 (e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. 3.7 Owner shall provide a pool located within a common lot centrally located within the development. The intent of the pool is to provide a venue for activities for the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, and 7) all proposed fencing throughout the development. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.10 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No tree shall be removed from the site prior to city approval of a tree removal plan and replacement plan. 3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, minimum ten -foot (10') wide public pathway along the portion of the Property located adjacent to the Boise River. Owner shall also construct a ten -foot (10') wide concrete pathway located adjacent to West State Street. The pathways shall be constructed concurrently with Phase No. 1 of Bald Eagle Pointe Subdivision. The specific location, design, and construction standards of the pathways shall be reviewed and approved by the City of Eagle Park, Pathway, and Recreation Commission prior to submittal of a design review application. The pathways shall be located within a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be references on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway shall be prohibited. C. PRELIMINARY PLAT CONDTIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Page 5 of 13 K:U'lanntng Dept'l aglc Applications\Dr\20l71DR-43-17 Bald Eagle Points Sub LS ccl docx 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 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. 5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). The applicant shall be reciuired to construct a solid style nrivacv fence made of durable material located adiacent to the eastern boundary of the development. The privacy fence shall be reviewed and approved by the Design Review Board prior to installation. 17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 23. All fencing located in proximity to the ponds shall be open style and be located a minimum of 20 - feet from the pond high water mark. 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(E)(4 and 5) 4. The minimum acceptable size for deciduous trees shall be two inch (2") caliper, balled and burlapped. 5. The minimum acceptable size for evergreen trees shall be six feet (6') to seven feet (7') balled and burlapped. • 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. Page 6 of 13 K:U'lanning Dept\Eagle Applications\Dr\2017\DR-33-17 Bald Eagle Pointe Sub LS c f.docx 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 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(M): Parkway Strips, Separated Sidewalks, and Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. 3. Within residential developments one shade class (class II) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. (Ord. 699, 5-28-2013) E. DISCUSSION: • The applicant is proposing a 10 -foot berm adjacent to State Highway 44, with a reduced number of trees planted within the buffer. State Highway 44 is classified as a principal arterial and requires a ten foot (10') minimum to twelve foot (12') maximum berm to be planted with six (6) shade trees, ten (1) evergreen trees, four (4) flowering/ornamental trees, and twenty-four (24) shrubs per one hundred (100) linear feet of frontage. Pursuant to Eagle City Code Section 8-2A- 7(J)(4)(c), 89 shade trees, 148 evergreen trees, 60 flowering/ornamental trees, and 356 shrubs within the 1,483 linear feet of frontage along State Highway 44. The landscape plan shows 45 shade trees, 91 evergreen trees, 17 flowering/ornamental trees, and 857 shrubs to be planted adjacent to State Highway 44. If the additional caliper inches and height of the proposed trees is added to the trees being planted, it is equal to 23 shade trees and 43 evergreen trees being planted on this site. With the increase in caliper inches and height of plant materials, the applicant is deficient 21 shade trees, 10 evergreen trees, and 43 flowering trees. The applicant should be required to provide a revised landscape plan showing the addition of 21 shade trees, 10 evergreen trees, and 43 flowering trees within the required buffer adjacent to State Highway 44. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to submittal of the final plat. • The landscape plan shows the sidewalk on the north perimeter of Lot 1, Block 2, as an attached sidewalk. Pursuant to Eagle City Code Section 8 -2A -7(M), sidewalks are required to be separated from the curb with an eight foot (8') wide minimum parkway planter strip planted with shade class trees. The applicant should be required to provide a revised landscape plan showing the sidewalk north of common Lot 1, Block 2, as a detached sidewalk with an eight foot (8') wide minimum parkway planter strip planted with shade class trees. The revised landscape plan should be reviewed and approved by staff and one member of the Board prior to submittal of the final plat. Page 7 of 13 K:\I'lamnng Depn.I.aglr Applications\DA2OIADR-43-17 Bald I-aglr I'nmt2 Sub LS ccl dmx • The landscape plan shows a paved pathway along the south perimeter of the site adjacent to the Boise River. The city requires the paved pathway to be stubbed to the property line for future greenbelt connections. The applicant should be required to provide a revised landscape plan showing the paved pathway stubbed to the property line where the paved pathway ends and the gravel path starts south of the common area pond. The revised landscape plan should be reviewed and approved by staff and the Park and Recreation Director prior to submittal of 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 October 12, 2017. at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 59:12) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The landscape design for the development is appropriate as proposed with the conditions required herein. BOARD DECISION: The Board voted 5 to 0 (Grubb and Koci absent) to recommend approval of DR -43-17 for a design review application for the common area landscaping within Bald Eagle Pointe Subdivision for Martin, LLC, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated October 26, 2017. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on November 14, 2017. at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4-0 to approve DR -43-17 for a design review application for the common area landscaping within Bald Eagle Pointe Subdivision for Martin, LLC, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-01-17 and PP -01-17. 2. Provide a revised landscape plan showing the addition of ten, 3 -inch caliper shade trees, five, 10 -foot tall evergreen trees, and seventeen, 3 -inch caliper flowering trees within the required buffer adjacent to State Highway 44. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to submittal of the final plat. Page 8 of 13 K:Wlammng Dept\Eagle Applications \DA20I7\DR-33-17 Bald Cagle Pointe Sub LS ccf.docx 3. Provide a revised landscape plan showing the sidewalk north of common Lot 1, Block 2, as a detached sidewalk with an eight foot (8') wide minimum parkway planter strip planted with shade class trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Board prior to submittal of the final plat. 4. Provide a revised landscape plan showing the paved pathway stubbed to the property line where the paved pathway ends and the gravel path starts south of the common area pond. The revised landscape plan shall be reviewed and approved by staff and the Park and Recreation Director prior to submittal of the final plat. 5. 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. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No signs are proposed with this application and none are approved. 9. All conditions herein shall be completed prior to submittal of a final plat application. 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. Page 9 of 13 K:U'lammng DcpQl aglc AppI, a0ons.DA2017\DR• Ji. 1, Bald Eagle Pointe Sub IS cci.Jocx 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 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: Page 10 of 13 K:\Planning Deplpt:agle Applications\Dr\21117U)R-43-17 Bald Eagle Pane Sub 1 S cef docx a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water 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 Page 11 of 13 K:U'lammng DeptLa4k Applic Lions\Dr\2017\DR-43-l7 Bald Eagle Pointe Sub LS ccl docx advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -43-17) 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 Council 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 common area landscaping and a trash enclosure are permitted with the approval of a design review application within the R -3 -DA -P (Residential with a development agreement - PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed landscaping designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district — Not applicable for a landscape plan; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, will enhance the continuity of thematically common landscape architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since there are pedestrian pathways provided through the development; Page 12 of 13 K:U'lanntng DepiEagle Applications\Dr\2OI7\DR-43-17 Bald Eagle Pointe Sub LS ccfdoce 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 area since the site has been designed in compliance with the approved preliminary plat for Bald Eagle Pointe Subdivision; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover or detract from desirable architectural features. DATED this 14th day of November 2017. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City C.flerk •SII ,,,,,,,, .tY OF •• O R P OSP � * •• c, IAV' PA•S4, i*: Page 13 of 13 K:\Planning Dept\Eagle Applications\I)r\2017\DR-43-17 Bald Eagle Pointe Sub LS ccI docx