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Findings - CC - 2019 - DR-50-19 - Common Area Landscaping No. 3BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN SNOQUALMIE ) RIVER SUBDIVISION NO. 3 FOR NORTH ) CORRIDOR, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -50-19 The above -entitled design review application came before the Eagle City Council for their action on August 27, 2019. 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: North Corridor, LLC, represented by David Sterling with T -O Engineers, is requesting design review approval of the common area landscaping within Snoqualmie River Subdivision No. 3. The 27.03 -acre site is located on the east side of State Highway 16 approximately 2,215 -feet south of West Floating Feather Road west of Snoqualmie River Subdivision No. 2. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 20, 2019. A revised tree mitigation plan and tree inventory were received on July 12, 2019. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 2, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVAN'I' PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat (A-09-05/RZ-13-05/CU- 12-O5IPPUD-13--05/PP-01-06) for the Legacy Planned Community. On October 9, 2018, the City Council approved a final development plan/final plat for Snoqualmie River Subdivision No. 2 for White Sturgeon, LLC (FPUD-1 1-18/F'P-13-18). On January 8, 2019, the City Council approved a final development plan and final plat for Snoqualmie Village Subdivision No. 1 (FPUD-15-18/F'I19-18). On January 8, 2019, the City Council approved a final development plan and final plat for Snoqualmie Village Subdivision No. 2 (FPUD-16-18/FP-20-18). On February 12, 2019, the City Council approved a modification to the development agreement associated with the R -2 -DA -P zoning classification for the Legacy Development (RZ-13-05 MODS). On February 12, 2019, the City Council approved a final development plan and final plat for Snoqualmie Falls Subdivision No. 11 (FPUD- 1 3-18/FP-15-18). On February 12, 2019, the City Council approved a final development plan and final plat for Snoqualmie Falls Subdivision No. 12 (F'PUD-17- 1 8/FF'-21-18). Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx On March 13, 2019, the final plat for Snoqualmie River Subdivision No. 2 was recorded at the Ada County Recorder's Office (Instrument No. 2019-019949). On April 23, 2019, the City Council approved a preliminary development plan and preliminary plat for Snoqualmie River Subdivision No. 3 (CU -05- 1 8IPPUD-03- 1 8/PP-09- 18). On August 28, 2019, the City Council approved a design review application for the common area landscaping within Snoqualmie River Subdivision No. 2 for White Sturgeon, LLC (DR -31-18). For additional property history see: RZ-13-05 MOD, RZ-13-05 MOD2, RZ-13-05 MOD3, DR -64-06, DR -64-06 MOD2, FPUD-01-07/FP-01-07, FP -02-0, FPUD-01-12/FP-01-12, FPUD-02-12/FP-04-12, FPUD-02-J3IFP-06-13, CU-08-13IPPUD-07-13/PP-12-13, DR -07-14, FPUD-05-13/FP-14-13, CU- 06-14/PPUD-03-14/PP-09-14, FPUD-04-15/FP-05-15, FPUD-05-15/FP-06-15, FPUD-06-15/FP- 09-15, DR-68-13, DR -68-13 MOD, DR -68-13 MOD2, DR -06-I5, DR -06 -IS MOD, DR -06 -IS MOD3, DR -06 -IS MOD4, EXT -12-09, EXT -07-10, EXT -06-11, CU -06-1 7/PPUD-03-1 7IPP-03-1 7, DR -44-17, DR -45-17, RZ-13-05 MOD4, FPUD-04-1 7/FP-18-1 7, CU -08-] 7/PPUD-04-1 7/PP-04-1 7, DR -54-17, FPUD-05-1 7/FP-02-1 7, FPUD-01- 18/FP-01-18, CU-01-J8IPPUD-01-18/PPUD-02-18, DR -31-18, FPUD-13-18/FP-15-18, FPUD-1 7-18/FP-21-18. E. COMPANION APPLICAi'iONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. H. I. COMP PLAN ZONING DESIGNATION DESIGNATION Existing Neighborhood Residential R -2 -DA -P (Residential with a development agreement - PUD) Proposed No Change No Change North of site Neighborhood R -2 -DA -P (Residential with a Residential development agreement - PUD) South of site Mixed Use RUl' (Rural -Urban Transition - Ada County designation) East of site Neighborhood R -2 -DA -P (Residential with a Residential development agreement - PUD) West of site Mix -Use Development RU'i' (Rural -Urban Transition - (City of Star) Ada County designation) LAND USE Agriculture Single -Family, Residential Planned Unit Development Agricultural Agricultural Proposed Snoqualmie River Subdivision No. 2 Agricultural DESIGN REVIEW OVERLAY DIS'I'RICT: Not in the DDA, i'DA, CEDA, or DSDA. URBAN RENEWAL DISIIZICT: No. EXISTING SiiE CHARACTERISTICS: The site is vacant land located to the west of North Palmer Lane and to the east of State Highway 16, between the Middleton Mill Canal and McHenry Lateral. Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx J. SilE DATA: Total Acreage of Site — 27.03 acres Total Number of Lots — 72 Residential — 62 Commercial — 0 Industrial — 0 Common — 10 (8 -open space, 1 -shared driveway, and 1 -future highway right-of- way) Total Number of Units — 70 Single-family — 62 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 K. GENERAL SilE DESIGN FEA'iLJRES: Open Space: A total of 7.76 -acres (28.71%) of common area open space is proposed within the planned unit development. The common area is a combination of one (1) pond and a buffer area located adjacent to State Highway 16, the pathway area located adjacent to southern boundary of the development, and several common lots located adjacent to the streets and corner lots. The residents of the development will also have access to the golf course, tennis courts, soccer fields, swimming pools, tot lots, and other pathways located within the Legacy development. Based on the prior approvals associated with the Legacy development and the subject proposed subdivision, the overall development currently consists of 164.96 -acres (34.99%) of common area open space, of which 55.98 -acres (33.9%) is active open S P ace • 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. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. The applicant provided a preliminary plat and development plan, date stamped by the city on March 23, 2018, which contains separate plat notes that reference the property lines located adjacent to the public streets have a 15 -foot wide public utility easement. The preliminary plat and development plan also contain a separate plat note referencing that the interior side lot lines and the rear lot lines have a 12 -foot wide public utility, pressure irrigation, and lot drainage easements respectively. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by the City of Eagle Municipal Water System. On-site Septic System (yes or no) — No Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx 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 FEA11JRES: N/A M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located on the northwest corner of the site along the McHenry Lateral that are proposed to be removed. Tree Replacement Calculations: The applicant is proposing to remove 19 trees from the site, which total 275 -caliper inches. These trees are noted to be weakly branched, suckering, and in otherwise poor health. Pursuant to Eagle City Code Section 8 -2A -7(C), existing trees on site are required to be replaced unless the trees are of certain species and are in poor health. Mitigation is not necessary since the species type is Ulmus Americana, American Elm, which is included in tree types that do not require replacement pursuant to Eagle City Code. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along all the streets proposed within this phase. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A N. I'RASH ENCLOSURES: N/A O. MECHANICAL UNITS: N/A P. OUTDOOR LIGHTING: Q. The applicant provided a site plan, date stamped by the city on June 20, 2019, showing proposed street light locations, and a detail of the proposed street lights within the subdivision which matches the street lights used throughout the entire development. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be submitted for the approval of signs proposed on this site. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FLITURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON -Sri r�Ai URES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Page 4 of 12 K:\Planning DeptTagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx Fish Habitat — no Floodplain — no Mature Trees — no Riparian Vegetation — yes — located at the northwest corner of the site along the McHenry Lateral. Steep Slopes — no Stream/Creek — no Unique Animal Life — no Unique Plant Life — no Unstable Soils — unknown Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMEN'IAL 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 Museum of History & Preservation Eagle Park, Pathway, and Recreation X. LEi"i'ERS FROM I'HE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING [HIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1 HIS PROPOSAL: 4. 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. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A fence permit is required prior to construction of a fence in any of these locations. 12. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and all common areas throughout the subdivision, 3) building elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7) proposed style of fencing. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of final development plan/final plat applications. 13. 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 Page5ofl2 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx Review Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 - foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or comply with the Parkway Landscape agreement for the Legacy development associated with Brahma, LLC. 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. 14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. 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. 15. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing the ACHD license agreement and associated Ada County instrument number. 16. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the City Council. • Eagle City Code Section 8 -2A -7(C): Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches caliper 61/4 inches to 12 inches 121/4 inches or more Replacement 2x caliper of tree removed 1.5x caliper of tree removed 1 x caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the City. Page 6 of 12 KAPlanning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. D. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Snoqualmie River Subdivision No. 3, a 27.03 -acre development, a 72 -lot (62 -buildable, 10 - common) residential planned unit development. The applicant is proposing one (1) pond, street trees, a multi -use path along the southern property line, and buffer areas along State Highway 16 and North Hamlin Avenue. • A tree mitigation plan and tree inventory, date stamped by the City on July 11, 2019, shows an area of existing trees located on the northwest corner of the site near the McHenry Lateral. The tree inventory shows photos of existing American Elm trees and states there is a range of sizes from 2 - caliper inches to 8 -caliper inches totaling 275 -caliper inches for a number of 19 trees. The deciduous trees which are noted to be weakly branched, suckering, and in otherwise poor health are proposed to be removed. Pursuant to Eagle City Code Section 8 -2A -7(C), existing trees on site are required to be replaced unless the trees are of certain species and are in poor health. Mitigation is not necessary since the species type is Ulmus Americana, American Elm, which is included in tree types that do not require replacement pursuant to Eagle City Code. • Staff defers comment regarding the common area landscaping to the Design Review Board. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on July 25, 2019, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 28:52) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the larger plant material and larger buffer area and stone walls along West Decathlon Street. • The Board is in favor of the reduction of landscape to accommodate the required ACHD seepage beds along North Hamlin Avenue. • The Board is in favor of the manicured lawn to be adjacent to the regional pathway that will be consistent with pathways within the other phases of the development. BOARD DECISION: The Board voted 5 to 0 (Grubb and Koci absent) to recommend approval of DR -20-19 for a design review application of the common area landscaping within Snoqualmie River Subdivision No. 3 for North Corridor, LLC, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated August 8, 2019. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on August 27, 2019, at which time the Council made their decision. Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -50-19 for a design review application for of the common area landscaping within Snoqualmie River Subdivision No. 3 for North Corridor, LLC, 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 conditions within the development agreement for rezone application RZ-13-05 and subsequent modifications. 2. Comply with all applicable conditions of CU-05-18/PPUD-03-18/PP-09-18. 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. No signs are proposed with this application and none are approved. 5. The alternative method of compliance regarding the reduced quantity of landscaping adjacent to North Hamlin Avenue to accommodate the ACHD seepage beds is approved. 6. The alternate method of compliance regarding deciduous trees to be an average of 3 -inch caliper and the evergreen trees to be 10 -feet to 18 -feet tall within the buffer along North Hamlin Avenue and State Highway 16 is approved. 7. Provide revised landscape and civil plans showing weed barrier to be installed beneath the regional pathway per Eagle City Typical Pathway Section Detail. The revised landscape plan shall show manicured lawn to be installed adjacent to the regional pathway. The revised landscape and civil plans shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the City Clerk signing the final plat. 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 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. Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx 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, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Engineer prior to the City Engineer signing the final plat. 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, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable street light inspection fees prior to 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. Page 9 of 12 KAPlanning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx 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 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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 Commission and/or Council. Page 10 of 12 KAPlanning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx 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/or the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council 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 -50-19) 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 Sections 8 -2A -7(E)(4 and 5) and 8-2A-7(J)(4)(a), and has concluded: a. The proposed berm height of 6 to 7 -feet exceeds the minimum 5 -foot high berm required. b. The proposed 3 -inch caliper deciduous trees exceed the 2 -inch minimum caliper required. c. The proposed 10 to 18 -foot high evergreen trees exceed the 6 -foot to 7 -foot minimum height required. 3. The proposed buffer along North Hamlin Avenue is consistent with the plantings, stone walls, and berm height and width constructed in previous phases of the development. 4. 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: Page 1 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-50-19 Snoqualmie River Sub Nos. 3 LS ccf.docx A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and subdivision landscaping is permitted with the approval of a design review application within the R -2 -DA -P (Residential with a development agreement - PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping is designed to complement the general vicinity and provides aesthetically pleasing landscaping to enhance the character of the area; 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. No structures are proposed with this application. Structures, if proposed, will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed plant material on the berm is larger but less than the required within Eagle City Code Section 8-2A-7 (J)(a)(c) thereby creating view corridors and vistas by leaving open areas on the berm; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the applicant has provided a regional pathway within the development and provides connectivity to the adjacent sites, H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area since there are walkways for the residence throughout the subdivision; 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 27th day of August 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: • o,• .. /, •.. ..,,...••.4 •,. S4)••OR4T•• .x•4,4 �,•• 0 • •L 4..4' • vaA��. o V;os ;�•W Sharon K. 13�r mnn, Eagle Cit Cl ?9 ••••••` • Page 12 of 12 K:A('tanning [)cpt\Eagle Applicatiuns\Dr\2019\DR-50-19 Snoqualmic River Sub Nos. 3 LS ccf.ducx nS b r 'ttiv;=141,