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Findings - DR - 2018 - DR-36-17 - Design Review For The Common Area Landscaping Within Feldspar SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN FELDSPAR SUBDIVISION FOR EAGLE SINGLE FAMILY, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -36-17 The above -entitled design review application came before the Eagle Design Review Board for their action on January 25, 2018. 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: Eagle Single Family, LLC, represented by John Rennison with Rennison Companies, is requesting design review approval of the common area landscaping within Feldspar Subdivision. The 3.44 -acre site is located on the east side of North Taylor Street approximately 950 -feet north of the intersection of West State Street and North Taylor Street at 368 North Taylor Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 9, 2017. Supplemental information was received by the City of Eagle on December 22, 2017 (revised justification letter), January 3, 2018 (garden box exhibit), January 10, 2018 (revised landscape plan), and January 11, 2018 (lighting cut sheets). C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 29, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 14, 2017, the City Council approved a conditional use permit, preliminary development plan, and preliminary plan for Feldspar Planned Unit Development for Eagle Single Family, LLC. (CU- 03-17/PPUD-02-17/PP-02-17) On November 28, 2017, the City Council approved the findings of fact and conclusions of law associated with the Feldspar Planned Unit Development for Eagle Single Family, LLC. (CU-03- 17/PPU D-02-17/PP-02-17 ) On December 12, 2017, the City Council approved the request for reconsideration to address Site Specific Condition #7 regarding the required setbacks for the development. On December 12, 2017, the City Council approved the reconsideration for CU-03-17/PPUD-02-17/PP- 02-17 for Feldspar Subdivision with site specific condition #7 amended. E. COMPANION APPLICATIONS: None Page 1 of 13 K: Planning Dept \Eagle Applications\I)r\20I7\DR-36-17 I.eldspar Subdivision LS drl.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Infill High Density, Regional Open Space Overlay, Scenic Corridor Proposed No Change North of site Neighborhood, Regional Open Space Overlay ZONING DESIGNATION R-4 (Residential) No Change R-4 (Residential) South of site Infill High Density R-4 (Residential) East of site Infill High Density, Regional Open Space Overlay R-4 (Residential) West of site Neighborhood R-4 (Residential) LAND USE Single -Family Residential Subdivision No Change Single-family Dwelling Well lot serving Dell Subdivision, Eagle Seventh-Day Adventist Church, and a Single - Family Dwelling Parcel Containing Private Lane (Cobblestone Lane) and Single -Family Dwelling Single -Family Residential Subdivision (Dell Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has an existing single-family residence. I. SITE DATA: Total Acreage of Site — 3.44 -acres Total Number of Lots — 20 Residential — 12 Commercial — 0 Industrial — 0 Common — 8 Total Number of Units — 12 Single-family — 12 (1 -existing residence to remain) Townhouse — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 J. GENERAL SITE DESIGN FEATURES: Open Space: The proposed development includes 0.68 -acres of common area (not inclusive of the private road and common driveway lots). The common areas consists of a small lot located adjacent to North Taylor Street (Lot 1, Block 1), a lot located adjacent to the northeast corner of the subdivision at the end of a shared driveway lot (Lot 7, Block 1), a larger lot centrally located adjacent to the cul-de-sac (Lot 11, Page 2 of 13 K: Planning Diva agle Apph.dtp.nsD;'1,17\DR-3 -17 I- Idspar Subdniston LS drl docx Block 1), a small lot located at the west side of the cul-de-sac (Lot 18, Block 1), and a lot containing a drainage facility located at the intersection of Taylor Lane and North Taylor Street (Lot 20, Block 1). Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by Eagle Water Company. On-site Septic System (yes or no) — No Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. BUILDING DESIGN FEATURES: The residential buildings will be designed and constructed in accordance with the architectural exhibits approved with the PUD. L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are several existing trees on the site. The applicant has identified three (3) trees that will need be relocated on the site and one (1) tree that will need to be removed. All other trees will be protected and retained. Below is a list of the existing trees proposed to be removed and/or relocated with their respective conditions. Tree Specie Caliper Condition Ginko (1) 24" caliper Good condition/will need to be removed to install site improvements Amur Maple (3) 16" caliper each Good condition/three (3) will be relocated to the common area Tree Replacement Calculations: There are three (3) trees proposed to be removed and relocated on site and one (1) tree proposed to be removed totaling 24 caliper inches. The applicant is required to mitigate for 24 caliper inches and is Page 3 of 13 K:U9annmg Dept \Eagle ApplicationsIDr\2017\DR-36-17 feldspar Subdivision LS drf.docx proposing to install one (1) 2 -inch caliper tree in the rear yard of each of the twelve (12) lots for the required mitigation. All other trees are proposed to be retained, therefore, no additional tree mitigation is required. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along the north and south side of Taylor Lane. 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: The landscape plan has identified three (3) street lights on the south side of Taylor Lane. The applicant has provided two (2) detailed cut sheets of the proposed lighting (only one type to be installed). The style of the street lights are the same; however, the applicant is still deciding whether to move forward with LED or metal halide illumination and has asked to have both types of illumination (which comply with code) to be approved. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any sign permits. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain — yes — The northern two-thirds (2/3) of the site is located within a 1% -chance floodplain area, as identified on the Flood Insurance Rate Map, Panel #16001C0153H. Mature Trees — yes — Located in proximity to the existing residence and in proximity to the southwest corner of the property. Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Page 4 of 13 K:\Planning DepI agle ApplicaiionsIDr\2017\DR-36-17 Feldspar Subdivision LS drf.docx Unstable Soils - unknown Wildlife Habitat - unknown 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: Eagle Fire Department Eagle Parks and Recreation Director Republic Services 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 November 15, 2017), designates this site as the following: Infill/High Density Suitable for lofts, townhouses, and apartments within or adjacent to downtown or as part of a mixed- use node/community center. This use is generally located in downtown Eagle or along existing or future transit routes with infrastructure, parks/open space/schools, and service/convenience uses within 'A mile of the site. Densities range from 8 to 20 units per acre. Density may be limited to ensure compatibility and transition between uses adjacent to the site. Design specifications may include increased setbacks for multi -story buildings, landscape buffers and transitional densities. Regional Space Overlay Open space should be designed to capitalize on and expand the open space areas around natural features and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources — floodways and floodplains (including riparian and wetland areas), slopes in excess of 25% locally significant features, and scenic viewpoints. Fragmentation of open space areas should be minimized so that resource areas are able to be managed and viewed as an integrated network. Open space areas within the Foothills and along Dry Creek and the Boise River should be designed to function as part of a larger regional open space network. Where possible, open space should be located to be contiguous to public lands and existing open space areas. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. B. PRELIMINARY PLAT CONDITIONSOF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2. 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). Page 5 of 13 K:\Planning Ikp1\liaglc Applica0ons\Ih\20174DR• 36.17 l- Idspar Subdivision LS drf.docx 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 Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb or 5 -feet from the back of curb on the north side of Taylor Lane. 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. 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. 6. The applicant shall submit a design review application including, but not limited to: 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 final development plan/final plat applications. 12. Provide a revised preliminary plat/preliminary development plan which shows vertical curbing located adjacent to Taylor Lane with the exception of the driveway areas. Rolled curb with gutter (or formed or cut-out equivalent) may be utilized for the driveway areas. The revised preliminary plat/preliminary development plan shall be provided prior to submittal of final development plan/final plat applications. (ECC 9-3-2-5[B][2]) 13. A minimum five-foot (5') wide sidewalk separated by a minimum eight -foot (8') wide planter strip shall be located on the south side of Taylor Lane. The sidewalk may be attached to the street located adjacent to the cul-de-sac. 19. Provide a revised preliminary development plan/preliminary plat showing a street light located at the intersection of Taylor Lane and North Taylor Street. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. 21. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 30. The applicant shall be required to install solid privacy fencing located adjacent to the perimeter of the subdivision. The solid privacy fencing shall be reviewed and approved by the Design Review Board prior to submittal of the final development plan/final plat applications. In the event the adjacent property owner(s) located to the south request solid fencing with one -foot (1') of lattice located within the upper area of the fence, the applicant shall provide written correspondence from the adjacent property owner approving the proposed style of fencing. 31. Lot 15 shall not be utilized as an access point and shall be landscaped with natural grass, shrubs, Page 6 of 13 K:U'lammng Depaagle Applications\DA2017\DR-36-17 Feldspar SUIX1IN iston LS drl docx and/or trees. 32. In the event the applicant is permitted to install a potable water line within Cobblestone Lane, the preliminary plat/preliminary development plan, date stamped by the city on November 14, 2017, is approved as an alternative (Exhibit "C"). C. 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. D. DISCUSSION: • Site specific condition #30 of the preliminary plat/preliminary development plan approval requires solid privacy fencing located adjacent to the perimeter of the subdivision. If the adjacent property owners located south of the site request solid fencing with one -foot (1') of lattice located within the upper area of the fence, then the applicant is required to provide written correspondence from those owners approving that style of fencing. The landscape plan shows a semi -privacy vinyl fence with 1.5" pickets, which is not consistent with the style of fencing approved within the preliminary plat/preliminary development plan approval. In addition, written correspondence from the property owners adjacent to the southern boundary approving the solid vinyl fencing with the one -foot (1') lattice on the upper area has not been received by the city. The applicant should be required to provide a revised landscape plan showing a solid vinyl fence along the entire southern boundary of the site. If the applicant receives approval from the property owners (located south of the site) to install the solid vinyl fencing with one -foot (1') lattice located within the upper area of the fence then the applicant should be required to provide a copy of the written correspondence, a revised landscape plan identifying the location of the fencing, and provide a detail of the fence style. The revised landscape plan, detail of the fence, and written correspondence (if applicable), should be reviewed and approval by staff prior to the submittal of the final plat application. • Site specific condition #32 of the preliminary plat/preliminary development plan approval states, "In the event the applicant is permitted to install a potable water line within Cobblestone Lane, the preliminary plat/preliminary development plan, date stamped by the city on November 14, 2017, is approved as an alternative." The landscape plan, date stamped by the city on January 10, 2018, reflects the layout of the lots per the preliminary plat/preliminary development plan, date stamped by the city on November 10. In the event the applicant is not permitted to install a potable water line within Cobblestone Lane and the preliminary plat/preliminary development plan is revised, the applicant should be required to submit a revised landscape plan reflecting the new lot layout. 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 application. • Sheet L2.0 shows a detail of a wrought iron fence; however, the landscape plan does not identify where this type of fencing is proposed. The applicant has indicated that they will not install the wrought iron fencing but have included a detail of what lots adjacent to street corners or common areas will be required to install should they choose to. The applicant should be required to Page 7 of 13 K:U'lannmg Dept\Eagle Applications I)A2OI7\DR-36-l7 Feldspar Subdi ision LS drldocx provide a site plan identifying the location of all required open style fencing. The site plan should be reviewed and approved by staff prior to the submittal of the final plat application. • 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 January 25, 2018, 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 26:55) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the applicant's revised landscape plan, date stamped by the city on January 25, 2018, which addressed site specific condition no. 2. • The Board is in favor of the proposed tree mitigation the applicant has submitted. BOARD RECOMMENDATION: The Board voted 6 to 0 (Baer absent) to recommend approval of DR -36-17 for a design review application for the common area landscaping within Feldspar Subdivision for Eagle Single Family, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU-03-17/PPUD-02-17/PP-02-17. olid vie) 3hal - • - - - - - - • - c+ra , pl enti€}irb t!c. location of the fencing E\ -1d p v' ide a detail of the fence style. The revised l ape pkar., - , - • - - - - - . ... .. c , -null l ..e -reviewed -and f prior to the submittal of the fa -!al F'kt pie -moi 3. In the event the applicant is not permitted to install a potable water line within Cobblestone Lane and the preliminary plat/preliminary development plan is revised, the applicant shall be required to submit a revised landscape plan reflecting the new lot layout. 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 application. 4. Provide a site plan identifying the location of all required open style fencing. The site plan shall be reviewed and approved by staff prior to the submittal of the final plat application. 5. If the three (3) Amur Maple trees are not able to be relocated to the common area, the applicant will be required to provide tree replacement mitigation in accordance with Eagle City Code Section 8 -2A - 7(C) prior to the City Clerk signing the final plat. Required mitigation for three (3) Amur Maple (16 - Page 8 of 13 K:\Planning Dept \liagle Applications\Dr\2017MIR-36-17 Feldspar SuMlnvtston LS drt docx caliper inches each) is 48 -caliper inches. 6. If individual mailboxes are not utilized, the applicant shall provide a revised landscape plan showing the location of the mailbox clusters and a detail of the mailbox clusters showing the style, color, etc. The revised landscape plan and detail of the mailbox cluster shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. 7. 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 shall 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. 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 and none are approved. 12. The revised landscape plan. date stamped by the city on January 25. 2017. showing the updated fence detail along the southern portion of the property is approved. 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 Page 9 of 13 K:\Planning Depillagit. Appliealions\I)r\21117\DR-36-17 Feldspar Subdit, ism I S drl d•er letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to 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. Page 10 of 13 K:U'lannmg DepN:agle Apphcations\Dr\20I7\DR-36-17 Feldspar Subd, ,stun 1 S dr. door 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water 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 Page 11 of 13 K: Planning Dept.I a12 I.• ApplicationsMr\20IADR-36-17 Feldspar Subdnisi in t S drt d•�x comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -36-17) 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 subdivision landscaping is permitted with the approval of a design review application within the R-4 (Residential) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping 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 — Not applicable for a landscape plan; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features; 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; Page 12 of 13 K:\Planning Dept \Eagle Applications\Dr\2o17\DR-36-17 Feldspar Subdivision I S dri.doex G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development — Not applicable for a landscape plan; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area; 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 8th day of February 2018. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grub , Chairman ATTEST: �0i 40\41f0 Sharon K. Bergmann, Eagle City Cler Page 13 of 13 K:U9annorg Depl\liaglc Applications\Dr\2017\DR-36-17 feldspar Subdnision I S drf.docx