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Findings - CC - 2018 - DR-35-18 - Common Area LandscapingBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN SENORA CREEK) SUBDIVISION NO. 4 FOR MIKE STEPHENSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -35-18 The above -entitled design review application came before the Eagle City Council for their action on August 28, 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: Mike Stephenson, represented by Matt Schultz, is requesting design review approval of the common area landscaping within Senora Creek Subdivision No. 4. The 2.64 -acre site is located on the west side of North Park Lane, approximately 1,025 -feet south of the intersection of North Park Lane and West Floating Feather Road at 889 North Park Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 21, 2018. Revised materials (lighting cut sheet, fence plan, and landscape plan) were received by the City on July 2, 2018, July 3, 2018, and July 11, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 27, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 7, 2015, the City of Eagle approved a lot line adjustment on the property (LLA -06-14). On November 14, 2017, the City of Eagle approved a lot line adjustment on the property (LLA -16- 17). On June 12, 2018, the City Council approved a rezone with a development agreement from R -E (Residential Estates) to R -3 -DA (Residential with a development agreement) and preliminary plat approval for Senora Creek Subdivision No. 4, a 9 -lot (6 residential, 3 common) residential subdivision (RZ-06-17 & PP -07-17). E. COMPANION APPLICATIONS: None Page 1 of 13 K:1Planning DeptlEagle Applications\Dr120181DR-35-18 Senora Creek Sub No. 4 LS ccf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN ZONING DESIGNATION DESIGNATION Neighborhood Residential No Change Neighborhood Residential Neighborhood Residential Neighborhood Residential Neighborhood Residential R -3 -DA (Residential with a development agreement) No Change LAND USE Vacant parcel Senora Creek Subdivision No. 4 R -E (Residential -Estates) Single Family Residence R -3 -DA (Residential with a development agreement) R -E (Residential -Estates) Single Family Residence Single Family Residential (Senora Creek Subdivision No. 3) R -2 -DA (Residential with a development agreement) Single Family Residential (Copperfield Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There are existing trees and an existing structure on the site that will be removed. I. SITE DATA: Total Acreage of Site — 2.64 -acres Total Number of Lots — 9 Residential — 6 Commercial — 0 Industrial — 0 Common — 3 Total Number of Units — 6 Single-family — 6 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — none J. GENERAL SITE DESIGN FEATURES: Open Space: A total of 0.25 -acres of open space is proposed within the residential subdivision. The common areas are proposed to contain three (3) small landscaped area and the eight -foot (8') wide planter strips adjacent to North Nolina Avenue. No active amenities are proposed within any common area open space. Senora Creek Subdivision No. 4 has been annexed into the Eagle Creek Homeowner's Association and lot owners will have access to all of the common area amenities throughout the entire Eagle Creek development. Page 2 of 13 K:1Planning Dipt\Eagle ApplicatioaslDr120181DR-35-18 Senora Creek Sub No. 4 LS cct docx 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. In addition, 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 either all runoff runs 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: The preliminary plat, date stamped by the City December 7, 2017, shows twenty -foot (20') wide public utilities, drainage, and irrigation (P.U.D.I) easements adjacent to North Nolina Drive, six-foot wide (6') P.U.D.I easements adjacent to interior property lines, and twelve -foot (12') wide P.U.D.I. easements adjacent to rear property lines. 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) — no Preservation of Existing Natural Features: There are several mature trees located on the proposed site. The applicant is proposing to relocate or mitigate for the trees that will not be retained. 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: There is a total of eight existing trees on the site. The applicant is proposing to remove six existing trees and protect and retain two existing trees on the site. 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 July 11, 2018. Tree Specie Caliper Condition Replacement Inches per ECC Elm (#9) 20" Good/Mitigation not 0" required per Eagle City Code Willow (#10) 12" Good/Mitigation not 0" required per Eagle City Code Mulberry (#11) 8" Good/Mitigation 12" Required per Eagle City Code Mulberry (#12) 9" Good/Mitigation 14" Required per Eagle City Page 3 of 13 K:1Planning IkptlEagk Applications1Dr120181.1)R•35-I8 Senora Creek Sub No. 41 S ccf.docx Code Mulberry (#13) 12" Good/Mitigation 18" Required per Eagle City Code Cherry (#14) 16" Good/Mitigation 16" Required per Eagle City Code Apple (#8) 15" Good / Protect and Protect and Retain Retain Apricot (#7) 13" Good / Protect and Protect and Retain Retain Total caliper inches of trees required to he replaced on site Total caliper inches proposed for mitigation Elm Tree (#9) Willow Tree (#10) 60" 0 Page 4 of 13 K.\I'lenning Dept )Lagle ApplicatBmAlM211 I X11)R-15-Ih Senora Creek Sub No 4 LS LL docs Mulberry Trees (#1 I, 12, 13) and Cherry Tree (#I4) Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along North Nolina Avenue. 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 a street light within the subdivision and a detailed lighting cut sheet shows the height, wattage, and illumination type (hps) lighting proposed which complies with Eagle City Code Section 8-4-4-2(A). P. SIGNAGE: Q. 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. PUBLIC SERVICES AVAILABLE: A preliminary approval Tetter 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 Page 5 of 13 K 1Planning Dept\Lyle Apphkauun 511r1'Ifl%1UR•35-I1 Sonora Creek Sub No 411 dncr Fish Habitat - no Floodplain - no Mature Trees - yes, near existing building Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown 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. Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Idaho Fish and Game Idaho Transportation Department 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 14, 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 DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None. C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6. Provide a site/fencing plan showing the type (open style) and location of fencing located between the common lots and residential lots, and along the street side of all corner lots prior to submittal of a design review application. 9. 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 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. 10. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) and sod along both sides of all streets within this development. Trees shall Page 6 of 13 K:U'I:inning 1)ept1E.agk Application sU)r12Qi8'DR-35-Ib Senora Creek Sub No. 4 IS ccrdoc, 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. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8 -2A -7(C): Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 6'/4 inches to 12 inches 121/4 inches or more 2x caliper of tree removed 1.5x caliper of tree removed 1 x 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. Page 7 of 13 K:1Planning Deptlli;igk Applications1Dr120I811)R-3S-18 Senora Creek Sub No. 4 LS ccI docx Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of this section. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. E. DISCUSSION: • The applicant is proposing to remove six (6) existing trees on the site. The landscape plan, date stamped by the City on July 11, 2018, states that the trees proposed to be removed are in good condition. If removal of the trees is approved by the Design Review Board, the required mitigation should be 60 caliper inches (equivalent to 30, 2" caliper trees) to be planted on site or the applicant may elect to provide a contribution to the tree fund in the amount of $10,500 (30 trees x $350 per tree). Staff defers comment regarding the removal of existing trees to the Design Review Board. • 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 July 26, 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 1:22:05) 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 July 24, 2018, which addresses site specific condition no. 2, provided within the Board's findings of fact and conclusions of law document dated August 9, 2018. • The Board is in favor of the proposed tree mitigation the applicant has submitted. The applicant proposed to retain the three Mulberry trees and add an additional eight, two-inch caliper trees located within the common areas to mitigate for the Cherry tree (1 6 -caliper inches was required for mitigation). Page 8of13 K:II'Ianning Dcpt\Eagle Application A1)A20181I)R-35.18 Senora Creek Sub No. 4 LS ccf.dacx BOARD DECISION: The Board voted 6 to 0 (Brasher absent) to recommend approval of DR -35-18 for a design review application for the common area landscaping within Senora Creek Subdivision No. 4 for Mike Stephenson, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated August 9, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on August 28, 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 -35-18 for a design review application for the common area landscaping within Senora Creek Subdivision No. 4 for Mike Stephenson, 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 RZ-06-17 & PP -07-17. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 3. 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. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 6. No signs are proposed with this application and none are approved. 7. The tree mitigation provided on the landscape plan, date stamped by the City on July 24, 2018, is approved. 8. Provide a revised landscape plan identifying the color, height, style, etc. of vinyl fencing to be used. The vinyl fence color shall match the vinyl fencing located throughout the entire Eagle Creek Subdivision (aka Senora Creek). The revised landscape plan shall be reviewed and approved by staff prior to approval of the 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 Page 9 of 13 K:U'lanning fkpt\F.agk Applicationsll)rl.oltl\DR-35-Ili Sonora Creek Sub No. 4 I.S cctdocx 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. 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. Page 10 of 13 K:1Planning Ikptlliagle ApplicationADr120181DR-35-18 Senora Creek Sub No. 4 LS ccf4ocx 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 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. Page 11 of 13 K:U'lanning DcptlLagk Applications1Dr120181DR-35-I8 Sonora Creek Sub No. 4 LS ccIdocx 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 -35-18) 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 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 -3 -DA (Residential with a development agreement) zoning district; Page 12 of 13 K:II'lanning Ueptlliaglc AApplicatione1Dr1211181DR-3S-1R Senora Creek Sub No. 4 LS cct docx 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 when possible, enhance the continuity of thematically common architectural features since the proposed landscaping complies with Eagle City Code 8-2A-7; 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 since Senora Creek Subdivision No. 4 has been annexed in the Eagle Creek Homeowner's association to utilize their existing amenities and no additional structures are proposed within the common areas; 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 c, landscape pleat; 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 since sidewalks are located throughout the subdivision which connect to Senora Creek Subdivision No. 3, 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. DATED this 28th day of August 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho 7)-(f Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Jerk 0001111 1,,,,,, ,sis'k.©V, EACz�,�'s * S11.•�- • 14 • Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535. Idaho Code. to request a reconsideration within fourteen (14) days of the final written decision. Page 13 of 13 K \Planning I)rpi\I atle Apphc.mum\Dr1Ii)1K\DR-35-Ih $enure (r 1. Sul+ No 4 1 SU" dile%