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Findings - DR - 2023 - DR-63-18 MOD - Bellemeade Subdivision - Modification To The Common Area Landscaping Within Bellemeade Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO THE ) COMMON AREA LANDSCAPING WITHIN ) BELLEMEADE SUBDIVISION FOR THOMAS RICKS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-63-18 MOD The above-entitled design review application came before the Eagle Design Review Board for their action on January 26,2023. The Eagle 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: Thomas Ricks,represented by Carmen Weber with Breckon Land Design,is requesting design review approval to modify the common area landscaping within Bellemeade Subdivision. The 10.99-acre site is located on the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 17,2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 22, 2022, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7,2004,the City Council approved a comprehensive amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential One(up to one dwelling unit per acre)to Mixed Use and a rezone from A-R(Agricultural-Residential)to MU-DA(Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block 2, of Flint Estates Subdivision(CPA-03-03 and RZ-08-03). On September 26,2006,the City Council approved a preliminary plat extension of time for Bellemeade Planned Unit Development,to be valid until September 27,2007(PPUD-03-05 EXT). On October 28, 2008, the City Council approved a modification to the development agreement associated with Arts West Subdivision and surrounding properties(RZ-08-03 MOD). On November 27, 2018, the City Council approved a development agreement modification (development agreement in lieu of a PUD)and a preliminary plat for Bellemeade Subdivision(PP-03- 18/RZ-04-18). On June 11, 2019, the City Council denied a development agreement modification (development agreement in lieu of a PUD)for Bellemeade Subdivision. (RZ-04-18 MOD). On August 13, 2019, the City Council approved a design review application for the common area landscaping within Bellemeade Subdivision(DR-63-18). Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-I8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drEdocx On January 19, 2021, the City Council approved a final plat application for Bellemeade Subdivision (FP-10--19). On January 25, 2022, the City Council approved a final plat extension of time for Bellemeade Subdivision,to be valid until July 31,2022(EXT-11-21). For additional property history see: CU-07-05/PPUD-03-05/PP-09-05,DR-87-06, DR-88-06, FPUD- 02-07 & FP-05-07, EXT-22-08, EXT-22-09, EXT-12-10, RZ-08-03 MOD2, RZ-01-15/PP-01-15, and RZ-01-15 MOD/PP-01-15 MOD. E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use/Scenic MU-DA(Mixed Use with a Single-family(attached Corridor development agreement[in and/or detached) lieu of a PUD]) residential subdivision Proposed No Change No Change No Change North of site Public/Semi-Public PS (Public/Semi-Public) Eagle High School South of site Mixed Use MU-DA(Mixed Use with a Single-family development agreement [in residence/Warrior Park lieu of a PUD]) Subdivision East of site Neighborhood A-R(Agricultural- Flint Estate Subdivision Residential Residential) West of site Mixed Use MU-DA(Mixed Use with a North Park Lane/ development agreement [in Springhouse Subdivision lieu of a PUD]) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA,or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb,gutter,sidewalk,and landscaping. J. SITE DATA: Total Acreage of Site— 10.99-acres Total Number of Lots—80 Residential—72 Commercial—0 Industrial—0 Common— 8 (3-common area open space, 4- driveway access, 1-private road) Total Number of Units-73 Single-family—72 Duplex—0 Multi-family—0 Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-I8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf.docx Total Acreage of Any Out-Parcels—0 K. PARKING ANALYSIS: N/A L. GENERAL SITE DESIGN FEATURES:No Change. Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1) structure to be utilized as a picnic shelter. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately eighteen foot(18')high single-story structure. Gross Floor Area of Proposed Buildings: The proposed picnic shelter is approximately 484-square feet. On and Off-Site Circulation: A 4,300-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 29--foot wide shared driveway is located on the east property of the common area providing access to North Blossom River Lane within the development. M. BUILDING DESIGN FEATURES:No Change. Proposed Building Design: Craftsman Roof: Standing Seam metal(tan) Walls: Wood supports(stained), stone veneer wainscot column bases(Sandstone—Barbonas) Fascia/Trim: Rough sawn cedar(stained) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: See discussion on page 7. Tree Replacement Calculations: Previously approved by the Eagle City Council on July 23,2019. Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along the internal street of the development. No street trees are proposed along North Park Lane because of drainage swales and no street trees are proposed along West Flint Drive because of drainage swales and a piped irrigation easement. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping:No Change. a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 5%interior landscaping is required, 13%is proposed. O. TRASH ENCLOSURES:N/A P. MECHANICAL UNITS:N/A Q. OUTDOOR LIGHTING: Streetlights have been installed and are"Dark Sky"style of lighting. Page 3 of 12 K:\PIanning Dept\Eagle Applications\Dr\2018\DR-63-18 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drfdocx R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-41-19)has been approved for a subdivision entry monument sign for this development. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department was received when DR-63-18 was received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. 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 Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. X. AGENCY RESPONSES: None. Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a.The ordinance and standards used in evaluating the application; b.The reasons for the approval or denial; c.The actions,if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall fmd adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-I8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf.docx c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs,if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT: 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: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments.Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. B. 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. Page 5 of 12 KAPlanning Dept\Eagle Applications\Dr\2018\DR-63-l8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf.docx • Eagle City Code Section 8-2A-7(C) Retention,Removal, And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed,replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8")caliper deciduous tree is removed,an acceptable replacement would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous trees. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of the following trees shall not otherwise 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. • Eagle City Code Section 8-2A-7(E) 4. The minimum acceptable size for deciduous trees shall be two inch (2") caliper, balled and burlapped. 5. The minimum acceptable size for evergreen trees shall be six feet(6')to seven feet(7')balled and burlapped. 6. Plant material selection shall be taken from subsection Q of this section. • Eagle City Code Section 8-2A-7(J)(5) Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following: a. Lawn,either seed or sod. b. A minimum of one deciduous shade tree per one thousand(1,000) square feet. • Eagle City Code Section 8-2A-7(J)(6)(a) For design flexibility,half of the required shade trees may be substituted on a two to one(2:1)basis with ornamental and evergreen trees. • Eagle City Code Section 8-2A-7(M) Parkway Strips, Separated Sidewalks,And Street Trees: 1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall be separated from the curb along all streets. An eight foot(8')wide minimum parkway planter strip planted with shade class(class II)trees shall be required between the sidewalk and street to provide a canopy effect over streets. Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-I8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf.docx 3. Within residential developments one shade class(class II)tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot(8')wide landscape strip between the sidewalk and the curb.Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage. C. DISCUSSION: • On July 23, 2019, the Eagle City Council approved the common area landscaping within Bellemeade Subdivision. There are two parcels associated with this development where single family dwellings were formerly located on each parcel. There were numerous trees located around the existing homes and throughout each parcel. The developer proposed to retain as many of the existing trees in their current locations,move trees on site to other more appropriate locations,and to transplant large mature trees on the site to mitigate for the removal of many of the trees within this development. Based on the previous approval of this site, the trees to be retained, relocated, and transplanted on the site mitigated the need for any trees to be mitigated with this development. The approved landscape plan showed street trees along the frontage of North Park Lane and West Flint Drive and trees around the perimeter within the central park area. During the platting of this development irrigation and storm drainage systems altered several areas of the landscape areas within the development. The Ada County Highway District prohibited trees from being planted within the drainage swales along North Park Lane and West Flint Drive. The storm drain system in the central park area increased in size,therefore,not leaving enough room to plant trees around the perimeter of the park as originally approved. Along the frontage of West Flint Drive there is an irrigation system and easement where the irrigation company does not allow trees to be planted within their easement. The applicant is requesting design review approval for the common area landscaping to be approved as it has been planted with the above noted changes(i.e.:no street trees adjacent to North Park Lane or West Flint Drive, no trees planted within the central park area). The existing landscaping within the buffer along North Park Lane actually exceeds that which is required within Eagle City Code as well as the existing landscaping within the buffer along West Flint Drive. North Park Lane Required trees=56(25-deciduous,31-evergreen) Proposed trees= 105 (47 trees plus 348' of evergreen which=58,6' evergreen trees) West Flint Drive Required trees=56(26-deciduous,30-evergreen) Proposed trees=58 (8-deciduous,37-evergreen, 13-flowering) While the required plantings within the buffers along North Park Lane and West Flint Drive meet or exceed the required trees required per Eagle City Code Section 8-2A-7(J)(a), North Park Lane and West Flint Drive do not have the required street trees planted pursuant to Eagle City Code Section 8-2A-7(M)(3). Staff defers comment regarding the existing landscaping that has been planted and the required street trees along North Park Lane and West Flint Drive to the Design Review Board. • The revised landscape plan does not have any trees planted within the central park area except for the area just northeast of the playground area. Pursuant to Eagle City Code Section 8-2A-7(J)(5)(b), a minimum of one deciduous shade trees per 1,000-square feet is required to be planted. Eagle City Code Section 8-2A-7(J)(6)(a),allows half of the required shade trees to be substituted on a 2:1 bases with ornamental and evergreen trees for design flexibility. The central park area is Page 7of12 K:\Planning Dept\Eagle Applications\Dr\2018'DR-63-18 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf.docx approximately 26,000-square feet which requires 26-deciduous trees to be planted. The existing evergreen trees located northeast of the playground area equal 235-feet of evergreen which is equal to 39,6-foot evergreen trees. Staff defers comment regarding trees being planted within the central park area of the development to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and 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 26,2023, at which time the Board made their decision. BOARD DELIBERATION: 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 as presented based on the site constraints (i.e.: irrigation and drainage easements) and because existing landscaping has been retained and larger plant material planted within the common areas of the development. • The Board is in favor of the proposed tree mitigation the applicant has submitted. BOARD DECISION: The Board voted 6 to 0(Grubb absent)to recommend approval of DR-63-18 MOD for a design review application for a modification to the common area landscaping within Bellemeade Subdivision,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR-63-18. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 3. No ground mounted mechanical units are proposed with this application and none are approved. 4. No signs are proposed with this application and none are approved. 5. The landscape plan,date stamped by the City on November 17,2022,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. Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-18 MOD Bellemeade Common Area L.S.Modificatlon\Bellemeade LS MOD drf docx 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. 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 Page 9 of 12 K.\Planning Dept'Eagle Applications\Dr\2018\DR-63-l8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drfdocx 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. 19. Basements in the flood plain are prohibited. Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-18 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf:docx 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. Use,or each use for multi-use/multi-tenant projects,shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations",and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application,shall require the applicant to submit a Zoning Permit application to the City and 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 changes 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-63-18 MOD)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 MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district; Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-1S MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drfdocx 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. DATED this 9t'day of February 2023. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho obert Grubb, Chairman ATTEST: Q,PG T.. ** ,,...% o 1 y L. Tracy E.Osb , a e City Clete 3:o �cw .. ........ ,,,,,,tt .... .... P .... Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2018\DR-63-I8 MOD Bellemeade Common Area L.S.Modification\Bellemeade LS MOD drf.docx