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Findings - CC - 2018 - DR-17-18 - Common Area Landscaping In Brookway SubdivisionBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR TIDE COMMON ) AREA LANDSCAPING WITHIN BROOKWAY ) SUBDIVISION FOR TRILOGY DEVELOPMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -17-18 The above -entitled design review application came before the Eagle City Council for their action on May 22, 2018. 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: Trilogy Development, represented by Wendy Shrief with JUB Engineers, is requesting design review approval of the common area landscaping within Brookway Subdivision. The 61.34 -acre site is located on the west side of North Lanewood Road approximately 468 -feet south of West Beacon Light Road at 2503 North Lanewood Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 22, 2018. Revised materials (landscape plan, fencing plan) were received by the City on April 12, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on March 26, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 13, 2018, the City Council approved an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for Brookway Subdivision(A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17). E. COMPANION APPLICATIONS: None Page 1 of 14 K:Wlanning Dept\Eagle Applications\Dr\2018\DR-17 18 Broukway Sub 15 (xi ducx 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 Neighborhood Residential No Change Neighborhood Residential Neighborhood Residential Neighborhood Residential Neighborhood Residential ZONING DESIGNATION R -2 -DA -P (Residential with a development agreement) No Change RUT (Rural -Urban Transition — Ada County Designation) R -3 -DA -P (Residential with a development agreement — PUD) R2 (Ada County Designation) LAND USE Residential Subdivision No Change Agriculture Single Family Residential (Lilac Springs Subdivision) Agriculture RUT (Rural -Urban Transition Agriculture — Ada County Designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has been used for agricultural operations and has two (2) residential homes that will be removed. I. SITE DATA: Total Acreage of Site — 61.34 -acres Total Number of Lots — 122 Total Number of Units — 105 Residential — 105 Commercial — 0 Flex Lot — 0 Common — 17 Single-family — 105 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 J. GENERAL SITE DESIGN FEATURES: Landscape Screening: The preliminary plat, date stamped by the city on December 6, 2017, shows a 35 -foot wide common lot located adjacent to North Lanewood Road (collector). The preliminary plat landscape plan, date stamped by the city on October 30, 2017, shows a 35 -foot wide buffer area with a 5 -foot high berm located adjacent to North Lanewood Road (collector). Open Space: A total of 12.66 -acres of open space is proposed. The common areas are proposed to contain the Page 2 of 14 K:Wlanning Dept\Eaglc Applications+.Dn2018\DR 1' 18 Brookway Sub I.S ccIducx required buffer area located adjacent to N. Lanewood Road. The remaining open space areas are inclusive of a sports court (basketball), playground area with a tot lot, pathways providing connectivity throughout the development, irrigation pond, and the Dry Creek Canal. 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. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no): Yes 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: N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The applicant is proposing to remove one hundred and nine (109) existing trees from the site. Ninety- four (94) Evergreen Pine and Spruce Trees were formerly nursery stock. There is one (1) multi -stem willow tree that does not require mitigation. The remaining fourteen (14) trees will require mitigation as identified within Eagle City Code Section 8 -2A -7(C). All existing trees on the site are proposed to be removed. Below is a list of all existing trees proposed to be removed with their respective conditions identified within the landscape plan, date stamped by the city on April 12, 2018. Tree Specie Evergreen Pine and Spruce (94) Lindens (10) Blue Spruce (1) Austrian Pine (1) Caliper / Height 10'-14' tall 10" caliper 20' tall 30' tall Condition Replacement Inches per ECC Former nursery 0 stock/planted too close to each other to survive/relocate Good/Mitigation required per Eagle City Code Good/Mitigation Required per Eagle City Code 150 8 Good/Mitigation 10 Page 3 of 14 KAPlanning tanning DeptUaglc Applications \ DAM I8 DR -17-18 Brookway Sub LS cct:docx Required per Eagle City Code Honeylocust (1) 18" caliper Good/Mitigation Required per Eagle City Code Red Maple (1) 14" caliper Good/Mitigation Required per Eagle City Code Willow (1) 24" caliper Multi-stem/Mitigation Not Required per Eagle City Code Total caliper inches of trees required to be replaced on site 18 14 0 200 Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along all subdivision internal roads and adjacent to North Lanewood Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A M. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: The landscape plan identifies street lights throughout the subdivision and a detailed lighting cut sheet shows the height, wattage, and 3000 Kelvin LED lighting proposed which complies with Eagle City Code Section 8-4-4-2(A). 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 building permits. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within the City of Eagle Municipal Water Service Area and within the boundaries of the Eagle Sewer District. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Page 4 of 14 K: Planning Dept\Eagle Applications\Dr\20IS\DR-17-l8 Bruokway Sub LS ccf.docx Steep Slopes - no Stream/Creek — yes — Dry Creek Canal 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: Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Idaho Transportation Department New Dry Creek 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 November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (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 wooden decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.7 Owner shall provide a sport court and tot lot located within the common lots within the Page 5 of 14 K:U'lanning Dept\Eagle Applications\Dr\2018\DR-17-18 Bruokway Sub LS ccf.docx development. The intent of the sports court and tot lot is to provide a venue for activities for the residents of the development. The design and location shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat. 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) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 16. 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. 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. 17. 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 application. 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. (ECC 8-2A-7) 18. 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) 19. The cul-de-sacs shall be designed to terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. (ECC 9-3-2-1[C]) 22. 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). D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: Page 6 of 14 K:\Planning Dcptltagle Applications\Dr\20I8\DR-17-18 Brookway Sub LS cclldocx 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 Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more lx 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. • Eagle City Code Section 8-3-3(B): Fences: 2. Fencing located adjacent to any street identified as a collector or arterial on the transportation and pathway network plan in the Eagle comprehensive plan, and on the street side of all corner lots, shall be an open fencing style such as wrought iron or other similar see through, decorative, durable fencing material, except as otherwise may be permitted in subsection 8- 2A -7(J) of this title. E. DISCUSSION: • The applicant is proposing to remove all existing trees on the site. There are ninety-four (94) Evergreen Pine and Spruce, ten (10) Linden, one (1) Blue Spruce, one (1) Austrian Pine, one (1) Honeylocust, one (1) Red Maple, and one (1) Willow tree proposed to be removed. The ninety- four (94) Evergreen Pine and Spruce trees were previously planted for nursery stock, are planted Page 7 of 14 faPlannmg Dcpt\Eagle Applications\DA2018\DR-17-18 Bmokway Sul, LS L,1 d,wx in close proximity to each other making them grow into each other, and are too close to each other to effectively relocate them. There is one (1) multi -stem Willow tree which does not require mitigation. If the Design Review Board approves the removal of all existing trees, the remaining fourteen (14) trees identified will require mitigation. Pursuant to Eagle City Code Section 8 -2A - 7(C), the required mitigation for the other fourteen (14) trees is two hundred (200) caliper inches. The applicant is proposing an additional eighty-six (86) 2.5 -inch caliper trees located throughout the common areas in addition to what is required in 8 -2A -7(E)(4 & 5) for the mitigation of the trees. Staff defers comment regarding the proposed tree removal to the Design Review Board. • The fence and landscape plans show a six foot (6') tall vinyl fence with the top 1 -foot to be an open picket style proposed on the rear property lines of the residential lots adjacent to North Lanewood Road that abut the common area landscape buffer and five foot (5') tall berm required adjacent to a collector road. The applicant's fence plan justification letter states that the neighboring subdivisions to the south and west have a six foot (6') tall vinyl fence with the top 1 - foot being an open picket style adjacent to North Lanewood Road. In addition, the justification letter stations that the applicant would like to provide continuity of fencing with the surrounding areas, therefore, they are proposing the same style. Development agreement condition of approval 3.4(b) and preliminary plat site specific condition of approval No. 22 requires all fencing located adjacent to common area open space to be an open fencing style such as wrought iron or similar decorative style, durable fencing material. The applicant should be required to provide revised fence and landscape plans showing an open fencing style such as wrought iron or similar decorative style, durable fencing material on the property line of the common area landscape buffer along North Lanewood Road and the residential lots. The revised fence and landscape plans should be reviewed and approved by staff prior to the submittal of a final plat application. • A 216 -square foot irrigation pump house is proposed to be located in the common lot located 450 -feet south of the New Dry Creek Canal near the west property line. The applicant provided photos of the proposed pump house, however, the specific colors and materials were not identified. The applicant should be required to provide detailed elevation plans identifying the materials and colors of the pump house. The detailed elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a final plat application. • Staff defers comment regarding building design and colors 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 April 27, 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 1:11:10) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the landscape plan and amenities proposed by the applicant. • The Board is in favor of the applicant's proposed tree mitigation plan. Page 8 of 14 K:Wlanning Dept\Eagle Applications\Dr\2018\DR-17-18 Brookway Sub LS cctdocx • The Board is in favor of the applicant utilizing the six foot (6') tall vinyl fence with the top 1 -foot being an open picket style proposed on the rear property lines of the residential lots adjacent to North Lanewood Road that abuts the common area. The Board noted that the landscape berm is five feet (5') tall (only one foot shorter than the proposed fence) and has been proposed with dense landscaping, therefore, reducing the visibility of the fence. In addition, the proposed fencing style matches the existing fencing located south of the site within Lilac Springs Subdivision and would provide a consistent look along North Lanewood Road. BOARD RECOMMENDATION: The Board voted 6 to 0 (Grubb absent) to approve DR -17-18 for a design review application for the common area landscaping within Brookway Subdivision for Trilogy Development, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated May 10, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on March 22, 2018, 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 to 0 to approve DR -17-18 for a design review application for the common area landscaping within Brookway Subdivision for Trilogy Development, 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 A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17. 2. Provide detailed elevation plans identifying the materials and colors of the pump house. The pump house architecture and materials shall be harmonious with the surrounding homes. The detailed elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a final plat application. 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. 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. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 7. No signs are proposed with this application and none are approved. 8. Provide a revised landscape plan and/or civil plan showing the addition of a safety shelf around the perimeter of the irrigation pond. The revised landscape plan and/or civil plan shall be reviewed and approved by staff and one member of the Design Review Board prior to submittal of a final plat application. Page 9 of 14 K:Manning Dept\Eagle Applications\Dr\2018+DR-17-I8 Brookway Sub LS ccl.docx 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 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. Page 10 of 14 K:U'lanning Dcpt\Eagle Applications\Dr\2018U)R-17-18 Brookway Sub LS cadocx 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, 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 Page 11 of 14 K:Wlannmg Dept\Lagle Applmatnms\Dr\20I8\DR 17 18 Brnukway Sub LS cclidocx river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from 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 -17-18) 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 Page 12 of 14 K:\Planntng N0\1E4l Applications \Dr\2018\DR-1 -18 Brnokway Sub LS cc(.docx 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 subdivision landscaping is permitted with the approval of a design review application within the R -2 -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 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; 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 nor detract from desirable architectural features. 3. The Council reviewed the particular facts and circumstances of the proposed design review in terms of preliminary plat site specific condition of approval No. 22 and development agreement condition of development #3.4(b) and has concluded that the proposed design review with the proposed six foot (6') tall vinyl fence with the top 1 -foot being an open picket style proposed on the rear property lines of the residential lots adjacent to North Lanewood Road that abut the common area meets the intent of the open style fencing requirement. The Council concluded that the landscape berm is five feet (5') tall (only one foot shorter than the proposed fence) and has been proposed with dense landscaping, therefore, reducing the visibility of the fence. In addition, the proposed fencing style matches the existing fencing located south of the site within Lilac Springs Subdivision and would provide a consistent look along North Lanewood Road. Page 13 of 14 K:V'lanning Dept\Bagle Applications\Dr\2018\DR-17-18 Brookway Sub LS ccl docx DATED this 221u day of May 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho c.c„ 72,ermy Stan Ridgeway, Mayor Page 14 of 14 K:U'lanning Dept aglc Applicalions\DA2018U)R-17-IK Brookway Sub LS ccl:docx