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Findings - CC - 2023 - DR-22-23 - Design Review for the Common Area Landscaping Within Rockin A Ranch Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN ROCKING A ) RANCH SUBDIVISION FOR ALSCOTT REAL ) ESTATE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-22-23 The above-entitled design review application came before the Eagle City Council for their action on June 13, 2023. 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: Alscott Real Estate,LLC,represented by Rodney Evans with Rodney Evans+Partners, LLC, is requesting design review approval for the common area landscaping within Rocking A Ranch Subdivision. The 171.9-acre site is located on the east side of North Eagle Road,approximately 1,300-feet north of East Beacon Light Road at 3980&3250 North Eagle Road, 372 East Beacon Light Road,and Lots 1,2,3,&4,Block 1,Equestrian Estates Subdivision No. 1. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 29, 2023. Revised information (alternative method of compliance)was received May 1,2023. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on April 4,2023,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 14, 2023, the Eagle City Council approved an annexation, rezone from RUT(Rural Urban Transition — Ada County designation) to A-R-DA-P (Agricultural-Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for Rocking A Ranch Subdivision, a 39-lot (34-buildable, 5-common) residential planned unit development(A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22). E. COMPANION APPLICATIONS: DR-23-23 (signage). Page 1 of 24 K\Planning DeptTagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Agriculture/Rural RUT(Rural-Urban Transition Agricultural —Ada County designation) Proposed No Change A-R-DA-P(Agricultural- Single-Family Residential Residential with a Planned Unit Development development agreement— PUD North of site Agriculture/Rural RUT(Rural-Urban Transition Undeveloped foothills —Ada County designation) South of site Agriculture/Rural RUT(Rural-Urban Transition Equestrian and Single —Ada County designation) Family Residential(Cedith and R1(Ada County Estates Subdivision) Designation) East of site Agriculture/Rural RUT(Rural-Urban Transition Single Family Residential —Ada County designation) and Agricultural West of site Agriculture/Rural RUT(Rural-Urban Transition Single Family Residential —Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA,or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site is currently used for agricultural purposes. J. SITE DATA: Total Acreage of Site— 171.9 acres Total Number of Lots—39 Residential—34 Commercial—0 Industrial— 0 Common—5 Total Number of Units—34 Single-family-34 Multi-family—0 Commercial—0 Total Acreage of Any Out-Parcels—0 Page 2 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx Additional Site Data Proposed Required Dwelling Units Per Gross Acre 0.19 Dwelling Units/Acre 0.2 Dwelling Units/Acre (maximum) Minimum Lot Size 2.5 acres* 4.7 acres Minimum Lot Width 100 feet 100 feet Minimum Street Frontage 66.7 feet 35 feet Total Acreage of Common Area 43.33 acres 34.37 acres Open Space Percent of Site as Common Area 25% 20% Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs *A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. K. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing 100 foot (100') wide common lot and buffer area along their Eagle Road frontage,which is in excess of the requirements of Eagle City Code 8-2-A-7(J). The applicant's buffer section provides a 10-foot wide detached concrete sidewalk in front of an eight foot(8')tall landscaped berm, with a six foot (6') tall fence behind the berm adjacent to the individual property lines. The buffer areas will all be landscaped in accordance with ECC 8-2-A. Common Area Open Space: ECC Section 9-3-8 does not require open space for subdivisions that are zoned R-1, R-E, of A-R, however,PUDs require 20%open space. The applicant has provided 43.6 acres of open space,or 25% open space. This exceeds the 20%open space typically required for PUDs. Reduced lot sizes may be approved with an offsetting increase in open space, which is added to 10% of the site to determine total open space required, which must meet or exceed 20%. The site is 171.8 acres; 10% of site is 17.2 acres; 20% of site is 34.4 acres. The difference in lot sizes between what is required by code and what the applicant has proposed is 44.1 acres. Therefore, 61.3 acres is required (10%+ offsetting increase). The applicant has provided 43.6 acres of open space. This is not enough offsetting increase in open space to justify the reduced lot sizes. The applicant has requested a waiver of the offsetting increase in open space(ECC 8-6-5-5)as part of their conditional use permit. Almost all of the open space is proposed as active open space with extensive equestrian trails for residents,a community barn/clubhouse,a pollinator garden with walking paths,and multiple man-made ponds for wildlife viewing with perimeter pathways.A pathway is also proposed around the perimeter of the project within a twenty-five foot(25')wide pathway easement through individual lots. 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 Page 3 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx 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 10 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)—The applicant is proposing individual septic systems for each lot. 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. L. BUILDING DESIGN FEATURES: Community Center, 27' tall Roof: Asphalt Shingles(Black) Walls: Montana Timber Products Ranchwood (Ranchwood Western), Big Horn Mountain Natural Stone(Tans) Windows/Doors: Vinyl(Black) Fascia/Trim: Eastern White Pine Timber(Heritage Natural Finishes) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The mitigation plan provided with the design review application shows 205 existing trees on the site. The applicant is proposing to remove 80 trees and retain and protect the remaining 125 trees. Below is a complete list of existing trees on the site that are proposed to be removed. Tree Specie Caliper/ Condition Remove/ Replacement Height Retained Inches/Feet per ECC Apple 4" Poor, mostly dead Remove 0" Ponderosa 18" Fair Remove TBD Pine 20" Fair Remove TBD Willow 6" Fair Remove TBD 8" Fair Remove TBD Russian Olive 6" Fair,nuisance/invasive Remove 0" 6" Fair,nuisance/invasive Remove 0" 6" Poor,nuisance/invasive Remove 0" 15" Poor Remove 0" • Flowering 4" Poor Remove 0" Pear 4" Poor Remove 0" Page 4 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx 8" Fair Remove TBD Honeylocust 4" Poor Remove 0" 5" Fair Remove TBD 6" Poor,mostly dead Remove 0" Cherry 7" Fair,poor structure, scaffold Remove 0" inclusion 4" Poor,poor structure, inclusion Remove 0" 6" Poor,mostly dead Remove 0" 4" Poor,poor structure Remove 0" 8" Poor,poor structure Remove 0" 8" Poor, poor structure Remove 0" Catalpa 24" Fair Remove TBD 26" Poor,mostly dead Remove 0" Plum 4" Poor Remove 0" Western Red 5" Poor,poor structure,under Remove 0" Cedar power lines 6" Fair,under power lines Remove TBD 3" Poor Remove 0" Siberian Elm 17" Poor,mostly dead Remove 0" 4" Poor,volunteer tree,poor Remove 0" location next to building 16" Poor,dieback,poor structure Remove 0" 13" Poor,dieback, poor structure Remove 0" 6" Poor,poor structure Remove 0" 7" Poor,poor structure Remove 0" 5" Poor Remove 0" 13" Poor Remove 0" 11" Poor Remove 0" 12" Poor Remove 0" 28" Poor,poor structure, stem Remove 0" inclusion 8" Poor, subordinated Remove 0" 12" Poor, core structure Remove 0" 8" Poor Remove 0" g„ Poor Remove 0" 9, Poor Remove 0" 8,> Poor Remove 0" Page 5 of 24 K:\Planning Dept\Eagle Applications ODr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx 4" Poor,root disturbance Remove 0" 4" Fair,nuisance species Remove TBD 8" Fair Remove TBD 8" Fair Remove TBD 5" Poor Remove 0" 4" Fair Remove TBD 6" Fair Remove TBD 2" Poor Remove 0" Green Ash 8" Fair,under power lines Remove Black Locust 28" Poor,topped,poor structure, Remove 0" under power lines 34" Poor, dieback, included Remove 0" scaffold,under power lines 50" Poor,dieback, borers, under Remove 0" power lines 22" Poor, dieback,borers, under Remove 0" 9" power lines 11" Poor,mostly dead,borers Remove 0" 39" Poor,mostly dead Remove 0" Poor,dieback,borers, included Remove 0" 24" scaffolds 0> Remove Poor, dieback,borers, included 11" scaffolds Remove 0" Poor, significant dieback, 10" bores,poor structure Remove 0" 13" Poor,mostly dead 8" Poor,mostly dead Remove 0" 16" Poor,mostly dead Remove 0" Poor, significant dieback,poor Remove 0" 18" structure Remove 0" 4" Poor,borers,root suckering 4" Poor, borers,root suckering Remove 0" 20" Poor, borers,root suckering Remove 0" 18" Poor, borers,root suckering Remove 0" 16" Poor, borers,root suckering Remove 0" Poor, significant dieback,poor Remove 0" 6" structure Remove 0" Poor, poor structure,under power lines Page 6 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf.docx 6" Poor,mostly dead Remove 0" 6" Poor,mostly dead 6" Poor,mostly dead Remove 0" 6" Poor, borers,root suckering Remove 0" Remove 0" 18" Norway 4" Poor,mostly dead Remove 0" Maple Apricot 16" Fair,minor dieback Remove TBD Total caliper inches/feet of trees required to be replaced on TBD by the site Design Review Board and City Council Total caliper inches removed from the site -883" 715" (poor) 56" (fair— undesirable) 112"(fair) Total caliper inches proposed for mitigation 118" Tree Replacement Calculations: The applicant is retaining 125 trees on the site and proposing to add 26, 2-inch caliper trees within the common areas in excess of code requirements, and increase the minimum required 2-inch caliper tree to 3-inch caliper tree for 68 trees totaling 118-caliper inches towards mitigation. See discussion on page 16 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along the internal streets of the subdivision. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 16%is proposed. N. TRASH ENCLOSURES: One (1) 144-square foot trash enclosure is proposed to be located near the northwest corner of the community center.The enclosure is proposed to be constructed of Ranchwood vertical siding and metal framed with Ranchwood vertical siding gates; all of which will match the materials and colors used in the construction of the community center. Page 7 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx O. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping. No rooftop mechanical units are proposed, and none are approved. P. OUTDOOR LIGHTING: A site and parking lot light plan showing location and detailed cutsheets of the proposed lighting showing the style, color, wattage, illumination type, etc. has been received and complies with Eagle City Code Section 8-4-4-2. Q. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-23-23)has been submitted for the approval of subdivision signs. R. 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 Water service area and within the boundaries of the Eagle Sewer District. S. PUBLIC USES PROPOSED:None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—Yes,mature trees throughout the site Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-unknown Unique Plant Life-unknown Unstable Soils-unknown Wildlife Habitat-unknown V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. W. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Eagle Fire Department Eagle Sewer District Idaho Department of Fish and Game X. LETTERS FROM THE PUBLIC:None received to date. Page 8 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx Y. 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 find 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; 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 CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'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: Agricultural/Rural Suitable for parcels that are five acres or larger in size may include active agriculture,viticulture, equestrian,and estate or large lot residential.Uses include low density housing with significant space between homes that are close to native open space and active farmland. Rural uses are not amenity- based(sewer,water, schools)and are located away from goods and services. These areas encourage the keeping and raising of crops or animals and do not necessarily include manicured yards, Page 9 of 24 K\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx sidewalks, bike paths,or planned park and recreation facilities. Density may be limited due to the limited availability of infrastructure and roadway capacity. The intent of the rural planning area is to identify an area within the City's plan where large lot, rural, and agricultural uses are enhanced and preserved. Rural is defined as: "Use that harkens back to a time gone by that includes low density housing(5 to 10 acre lots) with significant spaces between homes that are close to native and open space and active farmland. Rural uses are not amenity based and are located away from goods and services. These areas encourage the keeping and training of animals and raising of crops and do not normally include manicured yards, sidewalks, bike paths, or planned park and recreation facilities." 6.19.1 RURAL PLANNING AREA USES: D. The city should discourage the subdivision or splitting of active and or irrigated farmland within the rural planning area. The city should establish ordinances that limit the development of lands with active agricultural exemptions and prime farmland as established by the USGS. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.5 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement.Further,Owner will submit such applications regarding design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the City Code,which shall comply with the City Code,as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.6 Owner will develop the Property in general compliance with the Concept Plan(Exhibit C). The City understands and agrees that certain changes in that concept may occur. If the City determines,in its reasonable discretion,that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be required by the City.Minor modifications to the Concept Plan will not require public hearing or City approval. 3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located on site.The report shall identify,at a minimum,species, size,and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2. 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. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees.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 Page 10 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx 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. 3. 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). 10. The applicant shall comply with the recommendations of the Parks, Pathways, and Recreation memo dated April 22,2022. 12. The conditions,covenants and restrictions for the Property shall contain at least the following: (f) A wildlife habitat management plan that includes but is not limited to:wildlife friendly fencing specifications, plant species permitted and restricted on site, an invasive and noxious weeds management plan, community education and outreach,management of nuisance wildlife, and a mechanism for oversight and funding in perpetuity. 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-6(A): General Objectives and Considerations: 5. Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,and telephone service systems shall be installed underground,and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; b. The location and design of transformers,pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board.All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible"at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines,manholes,poles,underground cables,gas lines, wells, and similar installations;and d. The continued maintenance of these service systems. Page 11 of 24 K:\Planning Dept\Eagle Apphcations\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx • Eagle City Code Section 8-2A-6(B)(3): Fences: e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. • 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. b. When a homeowners association or its agent removes tree(s)from a subdivision common area to appropriately thin an overgrown canopy,replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. 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. d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section 8-1-2 of this title,the tree(s)may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e.Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. 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 shall be replaced in accordance with subsection C2 of this section. 4. 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. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. Page 12 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx • 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. 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. • Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems.Under certain site conditions,a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil,vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site,the required buffer yard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified,what project conditions stated within subsection 01 of this section justify using the proposed alternative,and how the proposed alternative equals or exceeds said requirement. 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination,and following said review,to reapply for other alternative methods of compliance,without prejudice, in accordance with subsection 02 of this section. • Eagle City Code Section 8-2A-7(Q): Approved Tree List: This list is a suggested planting list. Other tree species and varieties will be considered. Page 13 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx • Eagle City Code Section 8-2A-10: Application Requirements: Design review applications for any commercial building larger than one hundred twenty (120) square feet shall be prepared by or under the responsible control of a licensed architect, unless exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly identify the preparer. • Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section,all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light(including the lamp and any nonopaque material/lens covering the lamp)shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture(as identified in the EASD book)are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes.The light used shall be 3000K maximum LED(or approved equivalent)and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet(20')for parking lots with less than two hundred(200)spaces; b. Twenty five feet(25')for parking lots with more than two hundred(200)spaces but less than five hundred(500)spaces; c. Thirty feet(30')for parking lots with more than five hundred(500)spaces; d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty (250)watt maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty(320)watts. b. The light fixture shall be no higher than seventeen feet(17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives,or with any specific objective of chapter 2,article A of this title; Page 14 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx (2) The lighting shall be installed,operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture(as identified in the EASD book)shall not be permitted to have metal halide lighting. E. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Rocking A Ranch Subdivision. The common area consists of an equestrian trail for residents, a community barn/clubhouse,a pollinator garden with walking paths,ponds,and buffers adjacent to North Eagle Road. Staff defers comment regarding the common area landscaping to the Design Review Board. • Sheets L1.02,L1.27,L1.28,and L1.32 show the pathway width to be 8-feet wide.In addition,there are smaller pathways off the main pathways shown to be 6-feet wide.Pursuant to preliminary plat condition no. 10,the pathway associated with the pollinator garden is required to be 10-feet wide. a. All pathways shown in FIGURE 1 (With the exception of the 10-foot sidewalk/pathway along Eagle Road) shall be a minimum of 10-feet in width and shall be built to the City Standard for Natural Surface Pathways in the alignments shown. { POLLINATOR GARDEN • W.IT WIDE PATHWAY A MULTI b USE TRAIL • OPEN POND ! SPACE POND' LOT YT The applicant should be required to provide a revised landscape plan showing the pathway associated with the pollinator garden to be a minimum of 10-feet wide. The revised landscape plan should be reviewed and approved by staff prior to submittal of the final plat application. • The site has existing overhead powerlines and poles along North Eagle Road. Pursuant to Eagle City Code Section 8-2A-6(A)(5), utilities are required to be installed underground. The applicant should be required to provide a revised landscape plan showing all overhead utilities and poles adjacent to North Eagle Road to be buried and poles removed. The revised landscape plan should be reviewed and approved by staff prior to submittal of the final plat application. • The site has existing barbed wire fencing adjacent to North Eagle Road and internal to the site. Pursuant to Eagle City Code Section 8-2A-6(B)(3),barbed wire fencing is prohibited.The applicant should be required to provide a revised landscape plan showing all existing barbed wire fencing to be removed.The revised landscape plan should be reviewed and approved by staff prior to submittal Page 15 of 24 K.\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx of the final plat application. • The applicant is proposing to remove 80 trees from the site and retain 125 trees. The 80-trees proposed for removal total 883-caliper inches and consist of 715-caliper inches of trees in poor condition, 56-caliper inches of trees in fair condition that are undesirable (Willow and Elm), and 112-caliper inches of trees in fair condition. The applicant is retaining 125-trees, addition 26, 2- inch caliper trees within the common areas in excess of code requirements, and increasing the required 2-inch caliper tree to 3-inch caliper tree for 68 trees totaling 118-caliper inches of mitigation. If the City approves the removal of the trees and approves the proposed mitigation,no additional trees are required. -OR- If the City approves the removal of the trees,accepts the proposed mitigation, and requires mitigation for all trees in fair condition,the applicant should be required to provide a revised landscape plan showing an additional 50-caliper inches of tree(25,2-inch caliper trees)planted on site or the applicant may opt to pay an in lieu fee into the tree fund in the amount of$8,750.00 (50-caliper inches x$175.00 per caliper inch). The revised landscape plan should be reviewed and approved or payment to the tree fund should be received by the City prior to submittal of a final plat application. -OR- If the City approves the removal of the trees, accepts the proposed mitigation,and required mitigation for all trees(fair and poor condition),the applicant should be required to provide a revised landscape plan showing an additional 765-caliper inches of tree(383,2-inch caliper trees) planted on site or the applicant may opt to pay an in lieu fee into the tree fund in the amount of $133,875.00(765-caliper inches x$175.00 per caliper inch). The revised landscape plan should be reviewed and approved or payment to the tree fund should be received by the City prior to submittal of a final plat application. -OR- Any other combination of planting additional trees on site and/or a contribution to the tree fund as may be approved by the City. A revised landscape plan and/or contribution to the tree fund should be reviewed and approved and/or submitted to the City prior to the submittal of a final plat application or commencement of any construction/demolition on the site,whichever occurs first. • Sheets L 1.22 and L 1.16 show street trees proposed to be more than 80-feet apart.Pursuant to Eagle City Code Section 8-2A-7(M), street trees are required to be a minimum of 35-feet to a maximum of 80-feet apart. The applicant should be required to provide a revised landscape plan showing all street trees a maximum of 80-feet apart. The revised landscape plan should be reviewed and approved by staff prior to submittal of the final plat application. • The landscape plan shows a parkway planter along North Eagle Road to be planted with native no- mow seed mix and no street trees.Pursuant to Eagle City Code Section 8-2A-7(M),sidewalks shall be separated from the curb along all street and an 8-foot wide minimum parkway planter strip planted with shade class trees spaced every 35-feet minimum to 80-foot maximum are required between the sidewalk and the street.The applicant should be required to provide a revised landscape plan showing street trees located within the parkway planter between the sidewalk and street(North Eagle Road).The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to submittal of the final plat application. • The applicant has submitted a request for an alternative method of compliance associated with the 609-trees within the "native habitat" open space area and trees proposed along the west property line adjacent to the Equestrian facility. The applicant's request states that native deciduous and Page 16 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx evergreen trees available within the native growing nursery trade in the region do not support or supply trees that are near the 2-inch caliper size requirement per Eagle City Code. The proposed alternative method is to utilize 3/4-inch to 1-inch caliper deciduous trees and 3-foot to 4-foot height total for each tree proposed. The applicant is also proposing 2,020 shrubs in the overall common areas that are not required per code, retaining 125-existing trees, providing twice the buffer width along North Eagle Road, and providing 240-trees over the City requirements in areas around the site. In addition, the applicant is requesting 75-trees shown on the landscape plan along the west property line adjacent to the Equestrian area to not be required. The applicant's design is to have this open space feel like an extension of his facility to the west. Eagle City Code Section 8-2A- 7(J)(5)(b),requires a minimum of one deciduous shade tree per 1,000-square feet.Eagle City Code Section 8-2A-7(0), states that an alternative method may be requested if the site involves space limitations or unusually shaped parcels or topography,soil,vegetation,or other site conditions are such that full compliance is impossible or impractical. Staff defers comment regarding the alternative method of compliance request to the Design Review Board. • The landscape plan identifies the following trees which are not listed on the approved tree list within Eagle City Code or the Treasure Valley Tree Selection Guide: o Box Elder o Little Leaf Mountain Mohogany o Narrowleaf Cottonwood o Smooth Sumac o Peach Leaf Willow o Green Vase Sawleaf Zelkova. Pursuant to Eagle City Code Section 8-2A-7(Q), the list is a suggested planting list and other tree species and varieties will be considered. Staff defers comment regarding the trees to the Design Review Board. • The applicant provided colored renderings of the proposed community center;however,no building elevations were received. Pursuant to Eagle City Code Section 8-2A-10, building elevations are required to be prepared by or under the responsible control of a licensed architect and plans stamped. The applicant should be required to provide community center building elevations stamped by a licensed architect.The building elevations should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. • The applicant is proposing five streetlights throughout the subdivision.Historically City policy has required a streetlight at the end of streets,cul-de-sacs, intersections,where pathways intersect with the road,entrance to developments,and on long road sections.Pursuant to Eagle City Code Section 9-4-1-5, unless determined otherwise by the City Council as part of the design of the subdivision, all subdividers within the city limits are required to install,at the subdividers'expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. Applicant Proposed Street Light Locations / ar. "I ! `p t .tl Page 17 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx City Requested Streetlight Locations ei,----"V Q FA'. I �'; , of i is I • b ,� 44. 1 ( a ti: ; ... ` ,� 1 �• I 0 Vs The applicant should be required to provide a revised streetlight plan showing an additional 6- streetlights located at the cul-de-sacs, intersections,where pathways intersect the roadway,and long road sections as shown in the exhibit titled"City Requested Streetlight Locations"for a total of 11-streetlights. The revised streetlight plan should be reviewed and approved by staff prior to submittal of the final plat application. 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 May 11, 2023, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed common area landscaping with the added site specific conditions. • The Board is in favor of the pathways associated with the pollinator garden being a minimum of 6-feet wide. The Board recognized that preliminary plat site specific condition no. 10 requires the applicant to comply with Parks, Pathways, and Recreation Commission recommendation which shows the pathways a minimum of 10-feet wide(per the applicant's initial request)and that a modification to this condition will be required in order to reduce the width of the pathways. • The Board is in favor of the removal of all barbed wire fencing on the site. The applicant's representative provided an update that the applicant is also working with the adjoining neighbors in an effort to update their fencing from barbed wire to the three-rail fencing proposed. Page 18 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx • The Board is in favor of the removal of 80-trees and the proposed tree mitigation the applicant has submitted. • The Board is in favor of not requiring street trees within the parkway planters along North Eagle Road due to the space limitations required by ACHD and overhead utilities. The applicant is providing an additional 50-feet within the buffer area along North Eagle Road and the Board determined adding the street trees would interfere with the rural design of the development. • The Board is in favor of requiring the additional 6-streetlights within the development due to the size of the development, locations of the additional lights (i.e. end of streets, cul-de-sacs, intersections, where pathways intersect the roadway, long road sections, etc.), and safety(i.e.kids riding bikes, kids getting dropped off by buses and walking home,etc.). • The Board is in favor of approving the applicant's request for an alternative method of compliance to utilize the Ansi Standards and sizing for the trees located within the habitat area due to the uniqueness of the area and plant availability within the Treasure Valley. • The Board is in favor of approving the applicant's request for alternative method of compliance to not require the 75-trees shown on the landscape plan along the west property line of the site adjacent to the equestrian property due to the rural nature of the development, potential for future connections to the equestrian property,and the applicant exceeding the required tree quantity required by code. • The Board is in favor of the tree species shown on the landscaping plan that are not listed within Eagle City Code or the Treasure Valley Tree Guide based on the type of trees and location of the trees within the habitat area. BOARD DECISION: The Board voted 3 to 0(Greer abstained; Grubb,Duperault,and Sayer absent)to recommend approval of DR-22-23 for a design review application for the common area landscaping within Rocking A Ranch Subdivision with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated May 25, 2023. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 13,2023,at which time the Council made their decision. COUNCIL DECISION: The Council voted 3 to 0(Gindlesperger absent)to approve DR-22-23 for a design review application for the common area landscaping within Rocking A Ranch Subdivision,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-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22. 2. Provide a revised landscape plan showing the pathway associated with the pollinator garden to be a minimum of 10-feet wide with the additional micro pathways(not shown on the exhibit within the PPRC recommendation)to be a minimum of 6-feet wide or submit a preliminary plat modification to modify site specific condition no. 10,to allow for all pathways associated with the pollinator garden to be a minimum of 6-feet wide. The revised landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application. 3. Provide a revised landscape plan showing all overhead utilities and poles located on the site to be buried and poles removed. The revised landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application. Page 19 of 24 K:\Planning Dept\Eagle Applications\Dr\2023Utocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx 4. Provide a revised landscape plan showing all existing barbed wire fencing located on the site to be removed. The revised landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application. 5. The City approves the removal of the trees and approves the proposed mitigation, no additional trees are required. 6. Provide a revised landscape plan showing all street trees a maximum of 80-feet apart. The revised landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application. 7. Provide community center building elevations stamped by a licensed architect.The building elevations shall be reviewed and approved by staff and two member of the Design Review Board prior to issuance of a zoning certificate. 8. Provide a revised streetlight plan showing an additional 6-streetlights located at the cul-de-sacs, intersections, where pathways intersect the roadway, and long road sections as shown in the exhibit titled "City Requested Streetlight Locations" for a total of 11-streetlights The revised streetlight plan shall be reviewed and approved by staff prior to submittal of the final plat application. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. 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. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 13. No ground mounted mechanical units are proposed with this application and none are approved. 14. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 15. No signs are proposed with this application and none are approved. 16. The applicant's request for an alternative method of compliance to utilize the Ansi Standards for sizing associated with the habitat area is approved. 17. The applicant's request for an alternative method of compliance to not require 75-trees originally shown along the western boundary of the site adjacent to the equestrian property is approved. 18. The tree species shown on the landscape plan, date stamped by the City on March 29, 2023, that are not identified within Eagle City Code or the Treasure Valley Tree Guide are 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 Page 20 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccfdocx 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. 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 Page 21 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf.docx 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. 19. Basements in the flood plain are prohibited. Page 22 of 24 K Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23'Rocking A Ranch Sub LS ccfdocx 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-22-23) 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 A-R-DA-P(Agricultural-Residential with a development agreement—PUD) zoning district; Page 23 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf 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 since—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 13th day of June 2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho J.son fierce,Mayor AT EST: EAGL ''% .'�•Q0RAT�•� Tracy E. o , Eagle City__Cle E L • o ; gTgS 1•`c)'s. Page 24 of 24 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS DR-22-23\Rocking A Ranch Sub LS ccf docx