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Findings - DR - 2024 - DR-2024-09 - Everton - Common Area Landscaping and Amenities within Everton Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE ) COMMON AREA LANDSCAPING AND ) AMENITIES WITHIN EVERTON SUBDIVISION ) FOR TH LOST RIVER,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2024-09 The above-entitled design review application came before the Eagle Design Review Board for their action on April 11, 2024. 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: TH Lost River, LLC, represented by Stephanie Hopkins with KM Engineering, LLC, is requesting design review approval of the common area landscaping, clubhouse, pool, mailbox cluster, and irrigation pump house within Everton Subdivision. The 76.85-acre site is located on the northeast corner of State Highway 44 and North Palmer Lane at 320 North Palmer Lane(Ada County Assessor parcel numbers SO410427820 and SO410438600). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 29,2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on March 4,2024,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 12, 2023, the Eagle City Council approved an annexation, rezone from RUT (Rural- Urban Transition — Ada County designation) to R-1-DA-P P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6-DA-P (Residential with a development agreement—PUD), and C-2-DA-P (General Business District with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Everton Subdivision (A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP- 02-23). E. COMPANION APPLICATIONS:None. Page 1 of 21 K:'Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09'Everton Sub LS Findings DR.docz F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Transition Single-family residence Residential,Residential —Ada County designation) and agriculture Transition Overlay,and Scenic Corridor Proposed No Change R-1-DA-P,R-4-DA-P, and R- Single-family(attached 6-DA-P(Residential with a and detached)residential development agreement— and commercial planned PUD)and C-2-DA-P unit development (General Business District with a development agreement—PUD) North of site Neighborhood R-2-DA-P(Residential with a Single-family residential Residential development agreement— subdivisions(Snoqualmie PUD) Falls Subdivisions part of the Legacy development) South of site Professional RUT(Rural-Urban Transition Office/Business Park and —Ada County designation) Single-family residential subdivision(Honalee Scenic Corridor Subdivision) East of site Neighborhood RUT(Rural-Urban Transition Single-family residences Residential,Residential —Ada County designation) located within an unplatted Transition Overlay,and parcel and a single-family Scenic Corridor residential subdivision (Lincoln Park Subdivision) West of site City of Eagle RUT(Rural-Urban Transition Proposed Cascade Springs —Ada County designation) Subdivision(Single-family Mixed Use and detached and attached Residential Transition residential),proposed Overlay Fountain Park Subdivision, City of Star single-family residence, Commercial,Mixed Use, and agricultural properties and Neighborhood Residential G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: There is an existing residential dwelling and several out structures located on the site. The site has been used for agricultural purposes. Page 2 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx J. SITE DATA: Total Acreage of Site—76.85-acres Total Number of Lots—239 Residential — 210 (136 single-family detached and 74 single-family attached) Commercial— 11 Industrial—0 Common— 18 (inclusive of 3 shared driveways) Total Number of Units—210 Single-family— 136 Single-family attached—74 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 3.02-dwelling units/acre(not 2.99-dwelling units/acre(as limited inclusive of the commercial by the development agreement) area) Minimum Lot Size 2,880-square feet(R-6) 1,600-square feet(R-6) 8,000- 6,050-square feet(R-4) square feet(R-4)37,000-square 22,504-square feet(R-1) feet(R-1) 21,792-square feet(C-2) 1,300-square feet(C-2) Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)— pursuant to ECC Section 8-6-6-5 (A).The offsetting increase of the required percentage in open space has been provided. Minimum Lot Width 30-feet(R-6) 20-feet(minimum)(R-6) 50-feet(R-4) 70-feet(minimum)(R-4) 100- 130-feet(R-1) feet(minimum)(R-1) 110-feet(C-2) 25-feet(minimum)(C-2) Page 3 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docz Additional Site Data Proposed Required Minimum Street Frontage 30-feet 20-feet(R-6) 0-feet(accessed from shared 35-feet(R-1 and R-4) driveway) Total Acreage of Common 20.87-Acres(inclusive of 14.02-acres(minimum) Area Open Space* planter strips) • Percent of Site as Common 27.1% 20%(minimum) Area 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 Percent of Common Area 61%(12.81-acres) 15%(minimum)(2.1-acres) Open Space as Active Open Space *A reduction in minimum lot sizes may be permitted within a planned unit development with an offsetting increase in open space. K. PARKING ANALYSIS:N/A L. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing a 50-foot-wide landscape buffer between North Palmer Lane and the residential portion of the development. The proposed width of the buffer area is in conformance with Eagle City Code section 8-2A-7(J)(4)(a). Common Area Open Space: A total of 20.87-acres, approximately 27.1% of open space, is proposed within the residential subdivision.Approximately 12.81-acres(61%)of the proposed open space is"Open Space,Active"as defined by Eagle City Code Section 9-1-6. The open space consists of common lots containing amenities, tot lot, pickleball courts, swimming pool, pathways, and planter strips as shown on the preliminary landscape plan,date stamped by the City on September 15,2023. Commercial Area: The development will contain 11-commercial lots consisting of 6.72-acres in area.The lots vary in size from 21,792-square feet to 39,131-square feet with an average lot size of approximately 26,614-square feet.The applicant is requesting a C-2-DA-P(General Business District with a development agreement — PUD) zoning designation to allow for uses more intensive than those permitted within a C-1 (Neighborhood Business District). 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&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney,requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 4of21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 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.The proposed easement widths are in conformance with Eagle City Code. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the joint Middleton and Star Fire Protection District.The water system will be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon completion by the applicant and acceptance by the City. On-site Septic System—Yes The site contains an existing residential dwelling. The applicant will be required to provide proof indicating the septic system has been abandoned. Pressurized Irrigation: The applicant provided a revised Pressure Irrigation Report,date stamped by the City on May 12,2023, which has been reviewed and recommended for approval by the City Engineer (attached to the staff report). Preservation of Existing Natural Features: There are a few mature trees located in proximity to the existing dwelling centrally located along North Palmer Lane. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. 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. Number and Uses of Proposed Buildings: The applicant is proposing to construct eight(8)buildings to be utilized as a pool house, cabanas (4), pump house,and a mailbox structure(2). Height and Number of Stories of Proposed Buildings: Pool House—22'4",single-story Cabanas(4)— 14' 10",single-story Pump House— 15' 11", single-story Mailbox structure(2)—8' 9", single-story Gross Floor Area of Proposed Buildings: Pool House—600-square feet Cabanas(4)— 100-square feet Pump House— 144-square feet Mailbox structure(2)—25-square feet Page 5 of 21 K1Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx On and Off-Site Circulation: A 4,200-square foot (approximately) paved parking lot is proposed near the pool house and mailbox structures. One 25-foot wide driveway is located on the north property line providing access to Eagledale Street. M. BUILDING DESIGN FEATURES: Proposed Building Design: Craftsman Roof:Metal(Tricorn Black) Walls: Board and Batt(SW Roycroft Bronze Green), Stone(Orchard Limestone Alpaca, Windows/Doors:Metal(Black) Fascia/Trim: Metal(Tricorn Black) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 17 existing trees and the applicant is proposing to remove all 17 trees. The trees identified to be removed are Spruce, Crab Apple, Green Ash,and Elm. Tree Tree Specie Caliper/ Condition Remove/ Replacement # Height Retained Inches/Feet per ECC 1 Siberian elm 16" Undesirable Remove 16" 2 Spruce 20' Poor condition Remove 20' 3 Spruce 20' Poor condition Remove 20' 4 Spruce 60' Good condition Remove 60' 5 Spruce 50' Good condition Remove 50' 6 Spruce 50' Good condition Remove 50' 7 Crab Apple 30" Good condition Remove 30" 8 Green Ash 6" Good condition Remove 6" 9 Green Ash 4" Good condition Remove 4" 10 Green Ash 4" Good condition Remove 4" 11 Green Ash 8" Good condition Remove 8" 12 Green Ash 8" Good condition Remove 8" 13 Green Ash 6" Good condition Remove 6" 14 Green Ash 12" Good condition Remove 12" 15 Green Ash 12" Good condition Remove 12" 16 Green Ash 14" Good condition Remove 14" 17 Green Ash 14" Good condition Remove 14" Total caliper inches/feet of trees required to be TBD by the replaced on site Design Review Board and City Council Total caliper inches removed from the site 134" Page 6 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx Total feet removed from the site 200' Total caliper inches proposed for mitigation 184" Tree Replacement Calculations:The applicant is proposing to plant 92,2-inch caliper trees to mitigate for the 134-caliper inches and 200-feet of trees being removed from this site. See discussion on page 15 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along all internal streets within the development. 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: 0%interior landscaping is required, 11%is proposed. O. TRASH ENCLOSURES:N/A P. MECHANICAL UNITS: The pool equipment is proposed to be located within the pool house. No ground mounted or roof top mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A plan showing the streetlight location and detailed cutsheets of the streetlights were provided and comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be submitted and approved for the approval of signs proposed within this development. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Star Fire District has not been received by the City. The site is located within City of Eagle 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 Page 7 of 21 K:V'lanning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 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: The following agencies have responded and their correspondence is attached to the staff report. Department of Environmental Quality Eagle Fire Department Eagle Historic Preservation Commission Eagle Sewer District Idaho Transportation Department 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 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 Page 8 of 21 K:'Planning Dept\Eagle Applications\Dr\2024\EvMon Subdivision DR-2024-09\Everton Sub LS Findings DR.docz 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: Neighborhood Residential Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses.Commonly requires a transition/change in density,lot sizing,and building scaling with a specific parcel or project. Base densities may be reduced, or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 Owner shall submit a design review application(s) showing at a minimum: 1) proposed development signage,2)planting details within all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed, and 4) useable amenities such as pool house, tot lot, picnic tables, covered shelters, benches,gazebos,and/or similar amenities. Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways having a collector status or higher. Commercial/retail buildings,single- family attached dwellings, and common area amenities shall be required to meet the design review requirements as set forth in the Eagle Architecture and Site Design(EASD)Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings, single-family attached dwellings, common area amenities, pumphouse for irrigation, and structures located within the Subdivision Common Area(as shown on Exhibit C). The design review application(s) shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.8 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book(EASD Book). Architecture styles and building design elements that are not shown with Page 9 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx the EASD Book will not be permitted. C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 9. 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 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. The CC&Rs shall contain a provision granting the City access to install the required street trees within the 8-foot-wide planter strip in the event the City has to utilize the surety for installation of the street trees. 10. The developer shall provide a detailed arborist report and a tree inventory map identifying all existing trees located onsite. 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.All living trees shall be preserved,unless otherwise determined by the Design Review Board and the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots(unless approved for removal by the City Council)shall be provided for City Council final approval prior to the submittal of a final plat. Construction fencing shall be installed(pursuant to the Design Review Board's direction)to protect all trees that are to be preserved,prior to the commencement of any construction on the site.No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 11. Provide a revised fence plan showing all fencing located adjacent to common areas and the street side of all common lots to be in conformance with Eagle City Code Section 9-3-10. The revised fence plan shall be submitted prior to submittal of a design review application. 12. The applicant shall provide a revised Site Plan Exhibit — Street Lighting showing streetlights located at the street intersections and bollard lighting located where the pathways intersect the streets. 15. The applicant shall bury all above ground utilities(other than transmission lines within the right of way)prior to the City Clerk signing the first final plat.(ECC 9-4-1-8) 17. The applicant shall install landscape(sod) to within 9-feet of the paved surface of State Highway 44 and maintain it in perpetuity.If ITD requires additional right-of-way adjacent to State Highway, it is understood that the edge of paving may shift but that landscaping shall remain from 9-feet from the edge of paving towards the subject property. The landscape plan shall consist of sodded turf and be reviewed and approved by the Design Review Board and the City Council prior to installation of the landscaping. The Owner shall provide an executed copy of the ITD license agreement associated with the landscaping located within the right-of-way area. The landscaping shall be installed prior to the City Clerk signing the first final plat. 18. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to the City Clerk signing the final plat. (ECC 9-4-1-2) Page 10 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 25. The applicant shall construct a six-foot(6')high privacy fence along the eastern property line. The bottom of the privacy fence shall be constructed at an elevation grade commensurate with the grade at the rear of the residential dwelling. The privacy fence shall be reviewed and approved by the Design Review Board and City Council prior to installation of the privacy fence The privacy fence shall be constructed prior to the City Clerk signing the final plat of the associated phase of the subdivision. 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(B)(2): Roofs: e. Metal;standing seam,batten seam(concealed fasteners required); Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road. • Eagle City Code Section 8-2A-6(B)(3): Fences: a. Block(with columns),which may include brick,rock,stone or similar veneer; b. Brick(with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar,fir,chain link,barbwire,razor wire,and similar high maintenance and/or unsightly fencing is prohibited.However,powder coated chain link fencing may be permitted for use on school sites. • 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 Page 11 of 21 K:'Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024.09\Everton Sub LS Findings DR.docx 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(J)(4)(a) a. Any road designated as a collector on the master street map typologies map in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: four(4) shade trees,five(5)evergreen trees,and twenty four(24)shrubs.Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall not be permitted. • 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. 2. In all required applications,excluding residential developments,one street tree,selected from the approved tree list in subsection Q of this section,shall be planted per thirty five(35) linear feet of street frontage. 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. 4. In all cases,any planting within public rights of way shall be with approval from the public and/or private entities owning the property. • 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; Page 12 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 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. E. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-10: Fences: 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,unless the fence is located on the property line between the required roadway buffer area and the residential lot,in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet(60')apart.Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection x ? \-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. F. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Everton Subdivision, a 239-lot (210 [136-single-family detached and 74-single family attached], 11-commercial, 18-common) residential and commercial planned unit development. Street trees are proposed along the lot frontages. One 600-square foot pool house, four 100-square foot cabanas,one 144-square foot pump house,and two 25-square foot mailbox structure are proposed within the common area of this development. The pool house,cabanas,pump house,and mailbox structures are utilizing the Craftsman style of architecture. There are ponds throughout the development, a tot lot, pickle ball courts, and pathways throughout the development as well as along the drainage ditches. Staff defers comment regarding the design,materials,and colors of the buildings to the Design Review Board. Page 13 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to 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, and 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. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • The applicant is proposing to use metal roofs on the pool house,cabanas,pump house,and mailbox structures. Pursuant to Eagle City Code Section 8-2A-6(B)(2),metal; standing seam,batten seam shall have concealed fasteners. The applicant should be required to provide revised building elevations of the pool house,cabanas,pump house,and mailbox structures showing the metal roof to have concealed fasteners. The revised building elevations should be reviewed and approved by staff prior to the submittal of a final plat application. • The applicant is requesting approval of an alternative method of compliance for the required buffer and berming along North Palmer Lane by proposing a 6-foot high stained decorative cedar fence with cultured stone base and columns between the residential lots and the Middleton Mill Canal (Lots 10-16,Block 9 as shown on Sheet PPL12.0)and between the residential lot and the Drainage Ditch(Lot 6, Block 4 as shown on Sheet PPL12.0). Pursuant to Eagle City Code Section 8-2A- 7(J)(4)(a), a minimum 5-foot high, maximum 8-foot high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. Staff defers comment regarding the 6-foot high stained decorative cedar fence with cultured stone base and columns between the residential lots and the Middleton Mill Canal(Lots 10-16, Block 9 as shown on Sheet PPL12.0)and between the residential lot and the Drainage Ditch(Lot 6,Block 4 as shown on Sheet PPL12.0)to the Design Review Board. • There are 17 existing trees located throughout the site and the applicant is proposing to remove all 17 trees. The trees identified to be removed are Spruce,Crab Apple,Green Ash,and Elm. A total of 134-caliper inches of deciduous and 200-feet of evergreen trees are proposed to be removed from the site. Sheet PPL11.0, indicates 92, 2-inch caliper trees to be planted throughout the development to mitigate for 184-caliper inches of tree being removed,leaving 16-caliper inches of trees not being mitigated for within the development. Staff is not in agreement with the applicant's proposed tree mitigation shown on Sheet PPL11.0. The trees they are showing highlighted in green they are stating are not required trees and are being counted towards their mitigation. Based on Eagle City Code Section 8-2A-7(M)which states in part...shade class trees shall be located on both sides of all streets within the 8-foot 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 35-feet to a maximum of 80-feet of street frontage. The areas they are showing trees to mitigate for the trees removed are trees that are required based on Eagle City Code Section 8-2A-7(M). Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a),existing trees are required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A- 7(C)(2)(c), unless it is determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of black locust,poplar, cottonwood,willow, tree of heaven, elm, and silver maple trees do not require replacement. 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. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a),for each caliper inch of deciduous tree removed,an equivalent amount of caliper inches is required to be replanted and for each vertical foot of coniferous tree removed,an equivalent amount of vertical feet is required to be replanted. Page 14 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx Staff defers comment regarding the removal of the 17 trees to the Design Review Board. If the City approves the removal of the trees and does not require mitigation,no additional trees are required. -OR- If the City approves the removal of the trees and does required mitigation,the applicant should be required to provide a revised landscape plan showing an additional 134-caliper inches of tree(67, 2-inch caliper deciduous trees)and 200-feet of tree(33,6-foot tall evergreen trees)planted on site. The revised landscape plan should be reviewed and approved by staff prior to the submittal of a final plat application. -OR- If the City approves the removal of the trees and does required mitigation,the applicant may opt to pay an in lieu fee into the tree fund in the amount of$35,450.00(134-caliper inches x$175.00 per caliper inch and 200-vertical feet x $60.00). The payment to the tree fund should be received by the City prior to the 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. • The landscape plan does not show any street trees along the entire frontage of North Palmer Lane. Pursuant to Eagle City Code Section 8-2A-7(M)(1&2),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. Additionally, in all required applications,excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five(35) linear feet of street frontage. The applicant should be required to provide a revised landscape plan showing street trees within the 8-foot wide parkway planter along the entire frontage of North Palmer Lane. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the submittal of a 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 April 11, 2024,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 alternative method of compliance utilizing a 6-foot high decorative fence with cultured stone base and columns along North Palmer Lane and adjacent to the Middleton Mill Canal as modified within site specific condition of approval no. 12. Page 15 of 21 K:\Planning DepdEagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx • The Board is in favor of the proposed tree mitigation, excluding the trees noted as undesirable and in poor condition as modified within site specific condition of approval no. 3. BOARD DECISION: The Board voted 6 to 0(Mihan absent)to recommend approval of DR-2024-09 for a design review application for the common area landscaping and amenities within Everton 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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-02-23. 2. Provide revised building elevations of the pool house, cabanas, pump house, and mailbox structures showing the metal roof to have concealed fasteners. The revised building elevations shall be reviewed and approved by staff prior to the submittal of a final plat application. fequifed. OR If Tthe City approves the removal of the trees and does required mitigation, the applicant shall be required to provide a revised landscape plan showing an additional 104 4-34-caliper inches of tree (52 6-7, 2-inch caliper deciduous trees)and 140 200-feet of tree(23 33, 6-foot tall evergreen trees)planted on site. The revised landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat application. -OR- If Tthe City approves the removal of the trees and does required mitigation,the applicant may opt to pay an in lieu fee into the tree fund in the amount of$26,600.00$35 0(104 4-34-caliper inches x $175.00 per caliper inch and 140 WO-vertical feet x $60.00). The payment to the tree fund shall be received by the City prior to the 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 shall 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. 4. Provide a revised landscape plan showing street trees within the 8-foot wide parkway planter along the entire frontage of North Palmer Lane. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the submittal of a final plat application. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. Page 16 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 9. No ground mounted mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. 12. Provide revised elevation plans of the 6-foot high decorative fence with cultured stone base and columns along North Palmer Lane adjacent to the Middleton Mill Canal showing a composite material to be used instead of stained cedar. The revised elevation plans shall reviewed and approved by staff and one member of the Design Review Board prior to the submittal of a finalplat application. 13. Provide revised plans of all non residential structures showing them to be stamped by a licensed architect. The revised plans shall be reviewed and approved by staff prior to the submittal of a final plat application. 14. If lighting is proposed on any of the non residential structures,revised plans showing the location shall be provided. Detailed cut sheets showing the style, luminaires, wattage, etc. shall be provided. The revised plans and detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the submittal of a final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department,including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Page 17 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association,or other irrigation entity,shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. . 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 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. Page 18 of 21 K:\Planning Dept\Eagle Applications\Drt2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans,including,but not limited to building design, location and details,landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to 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 Page 19 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 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-2024-09) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and subdivision landscaping is permitted with the approval of a design review application within the R-1-DA-P, R-4-DA-P, and R-6-DA-P (Residential with a development agreement - PUD) and C-2-DA-P (Commercial with a development agreement — PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping and building designs are 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 since the amenities structures are designed to mee the Craftsman style of architecture and are design to complement the general vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed pool house,pump house,cabanas,and mailbox structures do not exceed 35-feet permitted within Eagle City Code; 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; Page 20 of 21 K:\Planning Dept\Eagle Applications\Dr\2024\Fverton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx 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 and commercial 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 25th day of April 2024. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Walter indgr ,Chairman AT2k."...,: ••• .iOFF.,I ,,, Osborn, le City Clerk = ;�i I. * . o' 1:A1,,? .%,. J'.••;jDORA1 .'O I ,'••t-OF 1v ... •••••..I,$.SS% • Page 21 of 21 K:\Planning Dept'Eagle Applications\Dr\2024\Everton Subdivision DR-2024-09\Everton Sub LS Findings DR.docx