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Findings - DR - 2005 - DR-19-05 - Common Area Landscaping Within Optimist Business Park/9555 N Horseshoe Bend Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN OPTIMIST BUSINESS PARK FOR JADE LIMITED LIABILITY COMPANY ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-19-05 The above-entitled design review application came before the Eagle Design Review Board for their action on April 14, 2005. 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: Jade Limited Liability Company, represented by Phil Hull with The Land Group, is requesting design review approval for common area landscaping within Optimist Business Park. The site is located west of North Horseshoe Bend Road and east of State Highway 55 approximately 400-feet south of Hill Road at 9555 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 10,2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on March 11, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 23, 2004, the Eagle City Council approved annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat applications for Optimist Business Park planned unit development (A-5-04/RZ-5-04/CU-S-04/PPUD-2-04/PP-4-04). E. COMPANION APPLICATIONS: None " " . Page 1 of 13 K\PlaJUling IXptlEaglo ApplicatiollslDr\2005IDR- L 9-05 laJ)J Jrf.Joc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Business Park RUT (Rural Urban Transition Single-family residences & - Ada County Designation) Pasture Proposed No Change BP-P (Business Park PUD) Commercial PUD Development North of site Business Park RUT (Rural Urban Transition Single-family residence & - Ada County Designation) Pasture South of site Business Park RUT (Rural Urban Transition Single-family residence & - Ada County Designation) Pasture East of site Not within Eagle Area of RUT (Rural Urban Transition Single-family residence & Impact - Ada County Designation) Pasture West of site Residential Four (up to 4- R-4 (Residential) SH 55 & Great Sky units per acre max.) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 9.81 Total Number of Lots - 17 Residential - 0 Commercial - 15 Industrial - 0 Common - 2 Total Number of Units - 0 Single-family -0 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/A N/A Minimum Lot Size 0.25-acres (11,100 sq. ft.) N/A Minimum Lot Width 70-feet (approx.) 25-feet Minimum Street Frontage N/A N/A Total Acreage of Common Area . 16-acres (6,970 sq. ft.) N/A Percent of Site as Common Area .02% (approximately) Each individual pad site is required to be developed with a minimum of 10% landscaping Page 2 of 13 K\PLallllillg IXptlEaglt: ApplicatiollslDr\2005IDR-19.05 LaJtJ Jrt',Joc 1. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Because this is a commercial subdivision located within the BP zoning district, a minimum amount of open space is not required. However, a minimum of 10% of landscaping (the sum of all the lots combined) will be required throughout the site, pursuant to Eagle City Code Section 8-2A-7 (B) (2). No greenbelt areas have been proposed for the development nor are any shown on the Comprehensive Plan Transportation/Pathway Network Map #1 of 2. The site is required to be provided with landscape screening for outdoor storage areas, trash receptacles, exposed equipment, and to provide off-street parking pursuant to Eagle City Code. 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 District. On-site Septic System (yes or no) - no Preservation of Existing Natural Features: The parcel has existing trees located mainly around the existing single-family dwelling and accessory structures. Eagle City Code Section 9-3-S (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 which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: Public The applicant will construct one public roadway (Harley Street) into the subdivision from Page 3 of 13 K\PlaJUling IXptlEagk Appli<;atiotlslDr\2005IDR- L 9-05 laJ)J Jrf,ooc Horseshoe Bend Road. The 40-foot wide street section is to be constructed within sixty- two feet of right-of-way, with five-foot (5') wide concrete sidewalks separated from the back of curb by a five-foot wide landscape strip along both sides of the roadway. At approximately one-thousand feet (1000') feet west of Horseshoe Bend Road, Harley Street intersects with Davidson A venue, which stubs to the parcels located both north and south of the subject site. Vertical curb and gutter are to be constructed along Horseshoe Bend Road abutting this site. Applicant's Justification for Private Streets (if proposed): None proposed. Blocks Less Than 500': No Cul-de-Sac Design: None proposed. Lighting: Lighting for the public 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 Names 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: Five-foot (5') wide concrete sidewalks are to be constructed along both sides of the internal streets, separated from the back of curb by a five-foot wide landscape strip. A five-foot (5') wide meandering concrete sidewalk is to be constructed along Horseshoe Bend Road abutting the eastern boundary of the site. L. PUBLIC USES PROPOSED: None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish-no Floodplain-no Floodway - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife - no Page 4 of 13 K:\PLaJming IXptlEagle AppocationsIDr\2005IDR-19-05 laJtJ Jrf,Joc O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power United Water Company Q. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Business Park Suitable primarily for the development of technical park/research and development facilities, offices and office complexes, and limited manufacturing activities, including small-scale production, distribution, and storage of goods. Support activities may also be permitted. All development within this land use shall be designed to be within a landscaped setting and be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such development should be operated entirely within enclosed structures and generate minimal industrial traffic. Development within this land use designation should be required to proceed through the PUD process. Chapter 5 - Economic Development 5.4 Objective To preserve the economic integrity of the Central Business District (CBD) and to encourage business and industry that have minimal environmental impact. 5.5 Implementation Strategies f. h. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural identity. Promote additional employment opportunities and expand the economic base by a) encouraging growth and expansion of existing businesses and industry and b) attracting additional business and industry so residents will be provided with adequate commercial services and facilities. Chapter 12 - Community Design 12.3 Entry Corridors Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial Page 5 of 13 K:\PlaJllling IXptlEagLo Appli<:ationslDrl2005IDR-19-05 IaJtJ Jrf,Joc signage and building character provide the first, and oftentimes the most lasting impressions of the entire community. The City of Eagle has the responsibility to guide development and redevelopment that occurs along these entryway corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will afford the opportunity to address the special features of each property and facility in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the look of berms built adjacent to the Banbury and Lexington Hills Subdivisions. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(C)(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 Replacement 2x caliper of tree removed 6 1/4 inches to 12 inches 12 1/4 inches or more 1.Sx caliper of tree removed 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 C1 of this section. . Eagle City Code Section 8-2A-7(M)(1 & 2) 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Meandering sidewalks shall be required when space permits. An average five foot (5') wide minimum parkway planter strip planted with shade class (class II or class III) 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. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Comply with all conditions of the Ada County Highway District report, including but not limited to the construction of curb, gutter and a five-foot (5') meandering concrete sidewalk along Horseshoe Bend Road. . The developer shall provide 3-inch minimum caliper 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 on the side lot lines, or as approved by the Design Review Board. The trees shall be located in the S-foot wide landscape strip between Page 6 of 13 K:\PlaJming IXptlEagle AppocatiollslDr\2005IDR-19-051aJtJ Jrf,Joc . the S-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sad, 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 S-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the buildings. Building placement shall be designed such that parking areas can be located, but not concentrated between the buildings and State Highway 55. The side of any buildings facing State Highway 55 shall be designed with architectural elements to provide variety and relief to expansive walls, as may be approved by the Eagle Design Review Board. Display of goods for sale may be located between buildings and the adjacent road rights of way. Display-area design shall be harmonious with the lot's site layout and building design. Materials, supplies, equipment or storage items, may be stored between buildings and State Highway 55 if landscaped, fenced or otherwise properly screened to prevent view from State Highway 55 and pursuant to the review and approval of the Design Review Board. The Design Review Board shall pay particular attention to the type of items to be displayed for sale when considering the appropriate design and screening methods for each application. Construction materials shall not be permitted to be displayed outdoors for sale. . . All buildings on lots contiguous to the State Highway 55 right-of-way shall be designed and constructed with architectural features and materials that enhance the entry corridor into the City. Metal buildings may be permitted if determined to comply with Eagle City Code Section 8-2A-6 (B). Architectural elevations and materials for all buildings shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design (EASD) book. Architectural styles not shown within the EASD book will not be considered. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the design of the development, or shall be replaced, or shall contribute to the City's tree fund as outlined within Eagle City Code Sections 8-2A-7-C1 and 8-2A-7-"0"-3 respectively. A landscape plan showing how the trees will be integrated into the open space areas and the non-buildable area on any lot shall be provided for Design Review Board approval prior to the submittal of a final development plan and final plat. . . The applicant shall have an on-site meeting with the City Forester to survey all existing trees. 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. . If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from view from adjacent residences as well as passing pedestrians and motorists. Building materials proposed for the station enclosure and planting details for screening the structure shall be submitted for review and approval by the Design Review Board prior to the submittal of a final development plan and final plat. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of a final development plan and final plat. Street lighting may be in the five-foot (5') wide landscape strip between the five-foot (5') wide concrete sidewalk and the road right-of-ways. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. . . Landscaping shall be provided to screen service driveways from adjacent properties. All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures from Page 7 of 13 K:\PIUlllting IXptlEaglo AppocationsIDr\2005IDR.19.05 laJtJ Jrf,Joc . view as seen from residential uses or public roadways. Screening materials and location of the loading docks and trash containers shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. Useable common area amenities, subdivision signage, 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 design review application and landscape plan showing fencing (if proposed), trees, landscaping, and berming, and planting details within the 20-foot wide buffer areas along State Highway 55 and lO-foot wide buffer area along Horseshoe Bend Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final development plan and final plat. Buildings located adjacent to State Highway 55 shall be setback a minimum of 30-feet from the right-of-way. . . Provide a license agreement from ITD and/or ACHD allowing the installation of landscaping located within the public rights-of-way, and landscape said right-of-way. Submit plans to Design Review Board for review and approval, prior to the City Clerk signing the final plat. Design Review Board approval for the landscaping for the entire site is required prior to the approval of any final development plan and final plat. Design Review Board approval for the landscaping for each individual pad site is required prior to the issuance of any building permit. Individual lots within this subdivision will be required to have a minimum of 10% landscaping each. . Any building wall signage proposed for the two buildings located adjacent to State Highway 55 shall be limited to exterior illumination only. D. DISCUSSION: . The landscape plan date stamped by the City on March 10, 2005, shows the existing trees located within this development. There are some trees located in the future right of way, on the commercial lots, and within the common areas of this development. However, the applicant has not indicated which trees are to be removed or to be retained. Per the City Forester letter date stamped by the City on March 29, 2005, there are a few trees on this site that are in good condition and should be retained. . . On November 23, 2004, the Eagle City Council reviewed and approved a annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat applications for Optimist Business Park PUD (A-S-04/RZ-S-04/CU-5-04/PPUD-2-04/PP-4-04). Per the approval of Optimist Business Park PUD, all healthy trees were to be preserved and integrated into the design of the development, replaced on site, or a monetary amount be submitted to the City's tree fund. The applicant should be required to provide a revised landscape plan showing which trees are to be retained and which trees are to be removed in order for the Board to determine a replacement value for any trees that are removed from this site. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. The landscape plan date stamped by the City on March 10,2005, shows several of the eastern lots have existing trees located on them. Each lot owner will be required to submit a design review application for the Board to review the site, landscaping, and building design. Per Eagle City Code, existing trees shall be retained unless removal is approved in writing by the City. . The landscape plan date stamped by the City on March 10, 2005, shows a meandering sidewalk along Horseshoe Bend Road. However, no street trees have been proposed to be located between the back of curb and meandering sidewalk. Per Eagle City Code, an average five foot (5') wide Page 8 of 13 K:\Plaruung IXptlEagle AppocationslDr\2005IDR-19-05 land Jrf,Joc minimum parkway planter strip planted with shade class (class II or class III) trees thirty five feet (35') on center is required between the sidewalk and street to provide a canopy effect over the streets. The applicant should be required to provide a revised landscape plan showing shade class trees to be located within the parkway planter strip. To provide visual interest for pedestrians the trees should be planted on the east and west sides of the meandering sidewalk approximately thirty five feet (35') on center. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. Staff defers comment regarding building design and colors 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 April 14, 2005, 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 7 to 0 to approve DR-19-0S for a design review application for the common area landscaping within Optimist Business Park for Jade Limited Liability Company, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4-04 (Optimist Business Park PUD). 2. All healthy trees are to be preserved and integrated into the design of the development, replaced on site, or a monetary amount shall be submitted to the City's tree fund. Provide a revised landscape plan showing which trees are to be retained and which trees are to be removed in order for the Board to determine a replacement value for any trees that are removed from this site. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 3. Each lot owner shall be required to submit a design review application for the Board to review the site, landscaping, and building design. All existing trees shall be retained unless removal is approved in writing by the City. 4. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees prior to the commencement of any construction or grading of the site. S. Any existing trees that are damaged during the construction process shall be replaced with, new healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester. 6. Provide a revised landscape plan showing shade class trees to be located within the parkway planter strip adjacent to Horseshoe Bend Road. To provide visual interest for pedestrians the trees shall be planted on the east and west sides of the meandering sidewalk approximately thirty five feet (35') on Page 9 of 13 K:\PLaJll1ing IXptlEagle Appocatio",IDr\2005IDR-19-05 laJtJ Jrf,Joc center. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 7. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from view from adjacent residences as well as passing pedestrians and motorists. Building materials proposed for the station enclosure and planting details for screening the structure shall be submitted for review and approval by staff and one member of the Design Review Board prior to the City Clerk signing the slibmittal of a fisal døvølopæøst plas aad final plat. 8. Provide a license agreement from ITD and/or ACHD allowing the installation of landscaping located within the public rights-of-way, and landscape said right-of-way. Slibæit plass to Desigs Review Board f.or reviø\\' asd approval, to be reviewed and approved by staff prior to the City Clerk signing the final plat. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. No signs are proposed with this application. A separate design review application is required to be submitted for approval of any signs for this site. 11. Upon development of either Lot 2 or 3, Block 3, the entire landscape planter (located on the northeast and southeast corners of Lots 2 and 3, Block 3 respectively) shall be installed as shown on the landscape plan date stamped by the City on March 10, 2005. 12. Provide a revised landscape plan showing which trees are to be retained versus removed. Coordinate with the City Forester an accurate caliper replacement for any trees removed from this site. The revised landscape plan and/or replacement caliper shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City Clerk signing the final plat. 13. Provide a revised landscape plan showing the street trees proposed within the five foot (5') wide landscape strip (as shown on the landscape plan date stamped by the City on March 10, 2005) to be offset off the property lines. The revised landscape plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City Clerk signing the final plat. 14. Provide a copy of the CC&R's reflecting any additional hardships with reg:ard to addition plant material required on individual lots. The CC&R's shall be reviewed and approved by staff prior to the City Clerk signing the final plant. ST ANDARD 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 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. S. 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 Page 10 of 13 K:\PLaJUling IXptlEagle Applj,;ationslDr\2005IDR-19-05 LaJtJ Jrf,Joc for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. 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 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 Page 11 of 13 K:\PlaJming IXptlEaglt: AppocatiollsIDrI2005IDR-19-05 LaJIJ Jrf,Jo" 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 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 Page 12 of 13 K:\PlaJUling IXptlEagle AppLicatiotls\Drl2005\DR-19-05 ¡aJIJ Jrf,Joc 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 March 10, 2005. 2. Requests for agencies' reviews were transmitted on March 11, 2005, 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-19-0S) 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. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the BP-P (Business Park PUD) zoning district. DA TED this 28th day of April 2005. Eric R. McCulloug ATTEST: Page 13 of 13 K:\PlwlIling IXptlEagle Applications\Drl2005\DR-19-05 IimJ Jrf,Jo"