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Findings - DR - 2004 - DR-08-04 - Common Area Landscaping W/Winding Creek Pud BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN WINDING CREEK PLANNED UNIT DEVELOPMENT FOR SALMON POINT DEVELOPMENT INC. ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-O8-04 The above-entitled design review application came before the Eagle Design Review Board for their action on February 12, 2004. 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: Salmon Point Development Inc., represented by Phil Hull with The Land Group, Inc., is requesting design review approval of the common area landscaping within Winding Creek Planned Unit Development (formerly Trolley Square). The site is located on the northwest comer of East State Street and the Hill Road extension. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 8, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 14, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 9, 2001, a preliminary plat (PP-12-00) was approved by the City Council for Trolley Square, a 27-acre commercial subdivision. Conditions of approval for the previous preliminary plat required the dedication of public rights-of-way for the Hill Road extension (north of State Street) and Academy Street (west of the terminus of Academy Way to the Hill Road extension). Although the approval of the preliminary plat expired on January 9, 2002, (since a final plat was not submitted for the development) the dedication of the street right-of-ways was completed, resulting in the creation of three separate parcels. On January 9, 2001, the Eagle City Council approved a conditional use permit for a shopping center (CU-12-00) for this site. On January 9,2001, the Eagle City Council approved a design review application for the common area landscaping within Trolley Square Shopping Center (DR-44-00). On February 12, 2002, the Eagle City Council approved a modification to the design review application for the landscaping within the drain ditch located within Trolley Square Shopping Center (DR-44-00 MOD). On January 13, 2004, the Eagle City Council approved a rezone, conditional use permit, preliminary development plan, and preliminary plat applications for Winding Creek Planned Unit Page I of 14 K:\Plmming DeptlEagle ApplicationslDrl2004\DR-08-04 drf.do<: Development (RZ-6-03/CU-1O-03/PPUD-3-03/PP-6-03)(formerly Trolley Square Subdivision). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial MU-P (Mixed Use PUD) Vacant Proposed No Change MU-P (Mixed Use PUD) PUD CommerciaU Residential Development North of site Residential Four (up to 4- R-4 (Residential) & A Residential Subdivision & units per acre max.) & (Agricultural) Pasture Mixed Use South of site Mixed Use MU (Mixed Use) State StreetIRocky Mountain Business Park East of site Commercial and C-l (Neighborhood Business Academy Commercial Public/Semi-Public District) & PS (Public/Semi- Subdivision & Eagle Public) Academy School West ofsite Commercial C-2 (General Business Eagle Sewer District District) Building & Veterinary Clinic G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 17.43 Total Number of Lots - 90 Residential - 59 Commercial - 17 Industrial - 0 Common - 13 Total Number of Units - 59 Single-family - 59 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 3.93 (while not considered an out parcel, this acreage is to be re-subdivided at a later date) Page 2 of 14 K:\P1mming DeptlEagle ApplicationslDr\2004\DR-08-04 drf.do<: Additional Proposed Required Site Data Dwelling Units 6.14* 20-units per acre (maximum) in the MU zoning district Per Gross Acre Minimum Lot 2,432 sq. ft. 7,000 sq. ft. (minimum) in the MU zoning district Size (residential) Except that a decrease of minimum lot size in a subdivision may 7,730 sq. ft. be allowed if there is an offsetting increase of the same square- (commercial) footage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). Minimum Lot 32-feet 50-feet in the MU zoning district Width Minimum 32-feet O-feet (required only in residential zoning districts) Street Frontage Total Acreage 2.22-acres* 5.37-acres (minimum)* of Common (excluding the .96-acres for 10% minimum plus 4.41-acres for lots smaller than Lots (open ditch easement - the minimum (7,000 SF) - per ECC Section 8-2-4 (G) space) .83-acres) 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 or in subdivisions with 50 or more lots. Percent of Site 23%* 56% (minimum - see above)* as Common Except that, according to ECC Section 9-3-8 (C) the City may Area (open require additional public and/or private park or open space space) facilities in PUDs or in subdivisions with 50 or more lots. * Designates data based on the exclusion of the commercial portion of the development and Lot 1, Block 3, which is to be re-subdivided at a later date. The density calculation is based on the residential portion only, consisting of 9.61-acres (total acreage of building lots, common lots, and private road). See item No. 12 on page 31 of this document for explanation of the provision for open space. . Special setbacks for the residential lots within the development: Proposed Standard for MU zone Front 20 feet Rear 20 feet Interior Side 7.5 feet Street Side 20 feet Additional 5 feet for multistory Front Rear (abutting alley) Interior Side Street Side Two-story dwelling 10 feet 10 feet 5 feet 5 feet 5 feet . Special setbacks for the commercial lots within the development: Proposed Standard for MU zone Front 20 feet Rear 20 feet Interior Side 7.5 feet Street Side 20 feet Front Rear Interior Side Street Side 10 feet 10 feet 7.5 feet 5 feet Page 3 of 14 K:\Plamring DeptlEagle ApplicationslDr\2004\DR-O8-04 drf.do<: I. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent incompatible features such as highways, railroads, commercial or industrial uses from proposed residential properties. The applicant proposes a total of 23% of common area (56% required - see site data above), which consists of small "pocket" parks located throughout the residential portion of the site (this figure does not include the drainage easement area). Each park will cater to different activities, including a community garden, tot lot and a putting green. In addition, open space is located in an area between the front entryways of the majority of the dwelling units, lending the opportunity for residents to be involved in face-to-face interaction rather than greeting each other through their windshields. While not included in the open space calculations, the applicant will landscape the drain ditch easement area (as much as may be feasible due to the restrictions regarding improvements within said easement) to provide a buffer from Hill Road and enhance the aesthetics of the area. Storm Drainage and Flood Control: Street drainage plans shall be submitted by the applicant as required by the Subdivision Ordinance. 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. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire Department. On-site Septic System (yes or no) - Not allowed Preservation of Existing Natural Features: A drainage ditch courses through the site which has been determined to be a tributary of the Boise River by the United States Army Corps of Engineers, and as such is guaranteed certain protections by law. 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. The applicant is negotiating with Drainage District #2 and the Corps to install landscaping within the ditch easement area, since improvements are limited due to maintenance and plant species concerns. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are Page 4 of 14 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-08-04 drf.do<: discovered, state law requires immediate notification to the state. 1. STREET DESIGN: Private or Public Streets: Public and Private The Hill Road extension (as shown within the 2000 Comprehensive Plan on the Transportation/Pathway Network Map #1 as a collector) is to be constructed with the development of this parcel. The road design plans, which include traffic medians, are required to be approved by the Ada County Highway District. The applicant will construct one public roadway (Winding Creek Road) through the development (separating the commercial portion from the residential) from the intersection of Hill Road and Academy Avenue to State Street. The roadway is to be constructed as a 40-foot street section within 54-feet of right-of-way, with curb, gutter and concrete sidewalk. The applicant will construct a system of private streets and alleys (located within a common lot) to serve the dwelling units, with the paved portions of the streets and alleys to be constructed 20-feet wide. The commercial portion of the development will gain access from Winding Creek Road and traffic will circulate between the commercial lots via shared parking and drive aisles. Applicant's Justification for Private Streets: See applicant's justification letter date stamped by the City on September 4, 2003, incorporated herein by reference. Blocks Less Than 500': No Cul-de-Sac Design: One private roadway cul-de-sac ("hammerhead" design) is to be constructed within the residential portion of the subdivision. Eagle Fire Department approval of the turn-around is required. Sidewalks, Curbs and Gutters: The applicant will construct five-foot (5') wide concrete sidewalks separated from the back-of-curb by a five-foot (5') wide landscape strip abutting both sides of Winding Creek Road. A four-foot (4') wide concrete sidewalk separated from the back of the ribbon curb by a five-foot (5') wide landscape strip is proposed along one side of the private streets within the residential portion of the site. Five-foot (5') wide sidewalks will be constructed adjacent to the front entryways to the single-family dwellings. The applicant will construct five-foot (5') wide concrete sidewalks separated from the back-of-curb by a five-foot (5') wide landscape strip abutting both sides of Hill Road, although deviation from this design may be necessary due to the constraints placed on the drainage ditch abutting the western side of Hill Road. Curb, gutter and a five-foot (5') wide concrete meandering sidewalk are required to be constructed along State Street abutting the southern boundary of the site. Lighting: Page 5 of 14 K:\Planning DeptlEagle ApplicationslDrl2004\DR-O8-04 drf.doc Lighting for the proposed streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - no Evidence of Erosion - no Fish - not known Floodplain - 500-year Floodway - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - Spoil Banks Canal - Drainage District #2 Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - no Wildlife - yes O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Eagle Fire Department Eagle Sewer District Q. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on February 4, 2004 (attached). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Commercial. Page 6 of 14 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-O8-04 drf.do<: B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(C)(I) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 6 1/4 inches to 12 inches 1.5x caliper of tree removed 12 1/4 inches or more Ix caliper of tree removed . Eagle City Code Section 8-2A-7(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. C. CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Comply with all conditions of the October 16, 2003 Ada County Highway District report, including but not limited to the construction of Hill Road from State Street to the northern property line and Winding Creek Road from the western terminus of Academy A venue to Hill Road. The Hill Road street section shall include the construction of vertical curb, gutter and 5-foot wide concrete sidewalk separated from the back of curb by a 5-foot wide landscape strip. The Hill Road extension and Winding Creek Road shall be constructed and said construction approved by the Ada County Highway District prior to the issuance of any building permits. The applicant shall provide documentation stating that all requirements of the Army Corp of Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been complied with, or are conditions of compliance, regarding any alteration and landscaping of the ditch abutting the Hill Road extension. Construct curb, gutter and a meandering five-foot (5') wide concrete sidewalk along State Street west of the Hill Road extension abutting this site, prior to the issuance of any building permits for the site. Construction drawings, which comply with all requirements of the Ada County Highway District, shall be reviewed and approved prior to the commencement of construction. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along the side of the private street opposite the rear entry garages, and along the northern side of the northerly private street adjacent to Lots 7- 25, Block 1. Trees shall be placed on both sides of the street abutting the hammerhead turnaround located in the northeastern comer of the site. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip. 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. . . . Page 7 of 14 K:\P1mming DeptlEagle ApplicationslDr\2004\DR-O8-04 drf.doc . The applicant shall submit a design review application showing proposed landscaping to be located adjacent to the rear of the houses and adjacent to the paved alley (to provide variety between the houses) for review and approval by the Design Review Board prior to City approval of a final plat. The applicant shall coordinate with Drainage District No.2 regarding landscape improvements with the Eagle Drain ditch easement abutting the northern and eastern boundaries of this property. Plans detailing the improvements within the ditch shall be submitted for review and approval by the Design Review Board prior to City approval of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees located on the property. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. No activity whatsoever shall take place within the drip line of the trees. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. 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 Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final development plan and final plat. . . . . Useable amenities such as, picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board, prior to the City approving a final plat. Subdivision signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of a final development plan and final plat. The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. The master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. . . The applicant shall install a pedestrian access (in addition to the sidewalk along Hill Road) from this development to extend north for a future connection to any development of the parcel north of this site. A plan showing location, width and construction materials to be used, shall be provided prior to the submittal of a final development plan and final plat. D. DISCUSSION: . . The applicant is proposing to construct a development consisting of narrow lots to accommodate a neighborhood of houses somewhat reminiscent of an older style city block design. This type of development typically consists of single-family dwellings located in close proximity to each other, with the majority of the yard area located within a common open space. The front entries of the houses are located near a landscaped common area which provides the opportunity for residents to interact in a sociable locale rather than greeting each other in an uncomfortable roadway setting. In addition, this design will accommodate a rear yard garage accessed by a private alley. With this type of development, deviations from standard minimums within the code are to be considered, including setbacks, lot coverage, and lot size and width. The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2 shows . Page 8 of 14 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-OS-04 drf.do<: . the extension of Hill Road traveling through this site, from Edgewood Lane to State Street in alignment with Plaza Drive. The approval for the preliminary plat for Trolley Square (PP-12-00) included the requirement for the dedication of public rights-of-way for the Hill Road extension and Academy Street (west of the terminus of Academy Way to the Hill Road extension). Although the Trolley Square preliminary plat has expired (since a final plat was not submitted for the development) the dedication of the street right-of-ways has been completed. In the fall of 2001, following construction plan approval by the Ada County Highway District and Drainage District No.2, the construction of the Hill Road extension and tiling of the drainage ditch was commenced. A subsequent inspection by the Army Corps of Engineers determined that the drain ditch was a "waters of the United States" and therefore subject to certain requirements under the Clean Water Act. The ditch was not allowed to be tiled but permitted to be altered from its original course in order to accommodate the alignment of Hill Road. In light of these circumstances, the applicant has designed the roadways in a slightly different configuration from that which the City has previously reviewed. The current plans now call for the drainage ditch to remain open, and will be landscaped to the limits as allowed by the Corp of Engineers and Drainage District No.2. Also, the large traffic circle (roundabout) has been eliminated due to the constraints of the ditch alignment and other development concerns. However, the applicant has proposed landscaped median strips within Hill Road to help compensate for the landscaping that would have been incorporated within the roundabout, as well as to meet a goal of the City to have a center tree strip on Hill Road between State Street and State Highway 55. Staff recommends that a third island be located on the north side of the intersection of Hill Road and Winding Creek Road to provide symmetry as well as aid in continuing the City's desired goal of a center tree strip on Hill Road. Per the rezone, conditional use permit, preliminary development plan, and preliminary plat for Winding Creek Planned Unit Development, the applicant is required to construct curb, gutter, and a meandering five-foot (5') wide concrete sidewalk along State Street west of the Hill Road extension abutting this site, prior to the issuance of any building permits for the site. The landscape plan date stamped by the City on January 8, 2004, does not show curb and gutter abutting State Street. The applicant should be required to provide a revised landscape plan showing curb, and gutter along State Street west of Hill Road extension abutting this site and transitioning into the existing improvements located to the west of this site. The revised landscape plan should be reviewed and approved by the Design Review Board prior to City approval of a final plat. . Per the rezone, conditional use permit, preliminary development plan, and preliminary plat for Winding Creek Planned Unit Development, the applicant is required to submit a design review application showing proposed landscaping to be located adjacent to the rear of the houses and adjacent to the paved alley (to provide variety between the houses) for review and approval by the Design Review Board prior to City approval of a final plat. The landscape plan date stamped by the City on January 8, 2004, does not show any landscaping adjacent to the rear of the houses and adjacent to the paved alleys. The applicant should be required to provide a revised landscape plan showing proposed landscaping to be located adjacent to the rear of the houses and adjacent to the paved alley (to provide variety between the houses) for review and approval by the Design Review Board prior to City approval of a final plat. Per the rezone, conditional use permit, preliminary development plan, and preliminary plat for Winding Creek Planned Unit Development, the applicant is required to submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. . Page 9 of 14 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-O8-04 drf.do<: . The master plan should be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. Per the rezone, conditional use permit, preliminary development plan, and preliminary plat for Winding Creek Planned Unit Development, the applicant is required to install a pedestrian access (in addition to the sidewalk along Hill Road) from this development to extend north for a future connection to any development of the parcel north of this site. A plan showing location, width and construction materials to be used, should be provided prior to the submittal of a final development plan and final plat. . Staff defers comment regarding the common area landscaping and pedestrian amenities to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on February 12, 2004, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 6 to 0 (Grubb absent) to approve DR-OS-04 for a design review application for the common area landscaping within Winding Creek Planned Unit Development for Salmon Point Development Inc., with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROV AL: 1. Comply with any applicable conditions of RZ-6-03/CU-1O-03/PPUD-3-03/PP-6-03. 2. Provide a revised landscape plan showing curb and gutter along State Street west of Hill Road extension abutting this site and transitioning into the existing improvements located to the west of this site (Eagle Sewer District office). The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to City approval of a final plat. 3. Provide a revised landscape plan showing proposed landscaping to be located adjacent to the rear of the houses and adjacent to the paved alley (to provide variety between the houses) for review and approval by staff and one member of the Design Review Board prior to City approval of a final plat. 4. The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. The master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. 5. The applicant shall install a pedestrian access (in addition to the sidewalk along Hill Road) from this development to extend north for a future connection to any development of the parcel north of this site. A plan showing location, width and construction materials to be used, should be provided prior to the submittal of a final development plan and final plat. Page 10 of 14 K:\PIanninS DeptlEagle ApplicationslDrl2004\DR-OS-04 drf.do<: 6. No signs are proposed with this application. A separate design review application is required for the approval of a master sign plan for this building. The master sign plan shall be reviewed and approved prior to the City accepting a building permit for this site. STANDARD CONDITIONS OF APPROV AL: 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 any building permits or Certificate of Occupancy, whichever occurs first. 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. 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 fITSt. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction Page 11 of 14 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-OS-04 drf.ctoc drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs fITSt. 9. 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 fITSt. 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 Certificate of Occupancy. 10. 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. 11. 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. 12. 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. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor 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. 14. 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. 15. 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. 16. 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 Page 12 of 14 K:\P1mming DeptlEagle ApplicationslDr\2004\DR-OS-04 drf.do<: Certificate of Occupancy, whichever occurs fIrst. 17. 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. 18. Basements in the flood plain are prohibited. 19. 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. 20. 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 Planning and Zoning Commission for review and approval. 21. 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. 22. 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. 23. 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. 24. 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 Design Review Board approval date). 25. 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. 26. 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 application for this item was received by the City of Eagle on January 8, 2004. 2. Requests for agencies' reviews were transmitted on January 14, 2004, in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-08-04) 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, Page 13 of 14 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-O8-04 drf.do<: concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. DATED this 26th day of February 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada C~daho ATTEST: il (~ 1-< ;ID {~ Sharon k Moore, Eagle City Cle k ",nu"", "~,I fff ", --t 0 F £<1 fff "...~ ....... 0; ff, .." v'" ... .. -<-.~ -:. ¡ ... 01?-POR"t;... ~ ::c, ~~:. . . . . :: * : -.- : * : :. ~-:"; '"' T7 \ I;::: : .. ..;, ,j ,..1 oJ.". .: ~f.f\'wr.. ",".0: ~.l> ,./..,¡",".,,'...,,-.." '"...<!...,.:."'.e"""~..:>'..,," fff < .; (;-¡ '. \J .", "'" ....; II"'" Page 14 of 14 K:\P1mming DeptlEagle ApplicationslDr\2004\DR-OS-04 thf.doc