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Findings - DR - 2005 - DR-69-05 - Common Area Landscaping And Clubhouse In Lakemoor Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE ) COMMON AREA LANDSCAPING AND ) CLUBHOUSE WITHIN LAKEMOOR ) SUBDIVISION FOR BW EAGLE, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-69-05 The above-entitled design review application came before the Eagle Design Review Board for their action on September 8, 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: BW Eagle, LLC, represented by Dave Koga with The Land Group, is requesting design review approval of the common area landscaping and clubhouse within Lakemoor Subdivision. The site is located on the east side of Eagle Road approximately 14-mile north of Chinden Boulevard. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 4,2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 15, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 24, 2005, the Eagle City Council approved a preliminary plat application for Lakemoor Subdivision (PP-3-05). E. COMPANION APPLICATIONS: None Page 1 of 15 K:\Plamullg Dt::pt\Eagk: Applications\Dr\2005\DR-69-05 land Jrf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA (Subsequent to the Rural Residences & approval of Ordinance #510) Pasture Proposed No Change No Change Planned Community consisting of Office, Commercial, and Residential North of site Residential Two (up to RUT (Residential - Ada Proposed Laguna Pointe two dwelling units per County designation)- CommerciallResidential acre maximum) & Approved for R-E-DA-PIR-2- Subdivision approved for Mixed Use DA-PIMU-DA South of site Residential One (up to R-l (Residential) Single-family residences one dwelling units per acre maximum) East of site Not in Eagle Area of RUT (Residential- Ada Boise City Wastewater Impact County designation) facility West of site Residential Two (up to R-2 (Residential) & R-2-P Rural Residences & two dwelling units per (Residential PUD) Banbury Meadows acre maximum) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are existing trees along the north property line of this site which the applicant is proposing to retain and protect. There are existing streams which the applicant is proposing to incorporate into the common area landscaping of this development. I. SITE DESIGN INFORMATION: Total Acreage of Site - 178.52-acres Total Number of Lots - 240 Residential - 142 Commercial- 53 Industrial - 0 Common - 45 Total Number of Units - 142 Single-family - 142 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 15 K:\Planning Dt::pt\Eaglt:: Applications\Dr\2005\DR-69-05 land drf.uoc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre* Area A: 4.25-units per acre 5-units per acre maximum Area B: 1.82-units per acre 2-units per acre maximum Area C: 3.6-units per acre 4-units per acre Minimum Lot Size* 4,982-square feet 5,000-square feet in Area A 7,000-square feet in all other areas Minimum Lot Width 50-feet 50-feet in the MU zoning district Minimum Street Frontage 30- feet O-feet (frontage required only in residential zoning districts) Total Acreage of Common Area 3.01-acres for Area A 2.35-acres (min.) for Area A .98-acres for 10% minimum plus 1.37-acres for lots smaller than the minimum (7,000 SF)- per ECC Section 8-2-4 (G) Percent of Site as Common Area 28% for Area A 24% (minimum) see above * As limited in the development agreement. A portion of the site (Area H and I) is encouraged by the City to be developed as multi-family, allowing up to six-units per acre, although the applicant is permitted to construct office uses instead. The residential "Carriage Home Sites" (Area A) shall be developed in a combination of attached town homes and detached patio homes at an approximate density of five units per acre. o Setbacks and Minimum lot size proposed for the Carriage lots: Front Rear Common Side (town home) Interior Side Additional Setback for Multi-Story structures Street Side 15 feet 10 feet o feet 5 feet 5 feet 15 feet Minimum Lot Size 5,000 square feet The residential "Luxury Home Sites" (Area B) shall be developed for single-family detached homes at an approximate density of two units per acre. o Setbacks proposed for the Luxury lots: Front Rear Interior Side 20 feet 25 feet 7.5 feet Page 3 of 15 K:\Planning Dept\Eagle Applications\Dr\2005\DR_69_05 laut.! drf.doc Additional Setback for Multi-story structures Street Side 5 feet per story 20 feet The residential "Custom Home Sites" (Area C) shall be developed in single-family detached homes at an approximate density of four units per acre. o Setbacks proposed for the Custom lots: Front Rear Interior Side Additional Setback for Multi -story structures Street Side J. GENERAL SITE DESIGN FEATURES: 20 feet 25 feet 7.5 feet 2.5 feet per story - When the 2nd story wall section is designed to be offset toward the inside of the house from the lower story so that there is a "break" in the plane of the wall sections between stories then the second story setback may be reduced by 2.5 feet. 5 feet per story - When the first and second story wall sections are designed as a flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5 feet. For the purposes of implementation of the setbacks noted herein, the first story shall have a top plate no higher than ten feet (10'). 20 feet Number and Uses of Proposed Buildings: Three buildings; Clubhouse, pump house, lift station Height and Number of Stories of Proposed Buildings: Gross Floor Area of Proposed Buildings: Clubhouse = 35-feet Pump house = 3 I-feet Lift Station = 31-feet Clubhouse = 3,400-square feet Pump house = 600-square feet Lift Station = 600-square feet On and Off-Site Circulation: A 5,600-square foot (approximately) paved parking lot provides parking for vehicles using the clubhouse site. One 24-foot wide driveway is proposed to be located on the north side of this site approximately 230-feet east of Lakemoor Parkway providing access to Three Bridges Lane. K. BUILDING DESIGN FEATURES: Roof: Concrete tile Walls: Stucco and Stone Windows/Doors: Vinyl Page 4 of 15 K:\Planning Dept\Eaglt:: Applicutions\Dr\2005\DR-69_05 land drf.doc FasciafTrim: Cedar L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are numerous trees along the north property line of this site which the applicant proposed to retain and protect. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install street trees along all roadways within this development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the entire parking lot for the Lakemoor Clubhouse. b. Interior Landscaping: 5% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One 100-square foot trash enclosure is proposed to be located along the east side of the parking lot approximately 80-feet southeast of the driveway on East Three Bridges Lane. The enclosure is proposed to be constructed of CMU walls with stucco finish with metal gates, all of which will match the colors used on the clubhouse. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, and Eagle Sewer District have 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. Page 5 of 15 K:\Plannillg Dt:pt\Eaglt:: Applications\Dr\2005\DR-69-05 land ..Irf.doc R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard Area and Special Area in the Comprehensive Plan. The Plan specifies additional development criteria and calls for special consideration relating to any proposed development within the Boise River Floodplain. Evidence of Erosion - none specifically noted in the EAP Fish - no Floodplain - 100 and 500-year Floodway - no Mature Trees - yes Riparian Vegetation - yes Steep Slopes - none shown to exist Stream/Creek - yes Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - none shown to exist as noted in the EAP Wildlife - yes U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An EAP report was previously submitted with the Comprehensive Plan Amendment and Annexation and Rezone applications (CPA-4-02/A-3-02IRZ-5-02). V. 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 Chevron Pipe Line Company Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Idaho Power Company Ringert Clark - Drainage District No.4 W. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on August 25, 2005, (incorporated herein by reference). Page 6 of 15 K:\Plunuillg Dtpt\Eagk: Applicatiolls\Dr\2005\DR-69-05 land drf.doc 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 Mixed Use. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · 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 plat. · The applicant shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within the one hundred-foot (100') wide landscape common area (not including right-of-way) along the portion of the property adjacent to Eagle Road. The sequencing of the construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet (300') south of the southwest corner of the property should be a collaborative effort with the Idaho Transportation Department in conjunction with the improvements proposed on Eagle Road as noted in the Final Report for the Eagle Road Corridor Study. The City of Eagle will provide a supportive role in facilitating the construction of the sidewalk. · Any new utilities serving the site shall be located underground. · The applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum ten (10) foot wide asphalt public pathway in a landscaped strip located within the Chevron Pipeline easement, the design and landscaping for which shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in an easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6:E.2, upon recordation of the final plat(s) wherein the pathway is located. · In accordance with the site plan date stamped by the City on February 16,2005, and approved by the Parks and Pathway Development Committee, the applicant shall construct a 10-foot wide concrete pathway from the northern end of the Chevron Pipeline easement to travel along Lakemoor Parkway and then connect to the 6-foot wide concrete sidewalk to be constructed along Eagle Road abutting this site. The applicant shall construct a 6-foot wide gravel pathway traveling east-west generally along the Warm Springs Slough (as shown on the referenced site plan) within the southern area of the development. · Design Review Board approval for the landscaping of the entire site (including useable common area amenities, subdivision signage, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc.) is required prior to the approval of a final plat. Design Review Board approval for the landscaping for each commercial pad site is required prior to the issuance of any building permit for construction on that pad site. Individual lots within this subdivision will be required to have a minimum of 10% landscaping each. · All pond and waterway banks shall be planted with natural grasses and plants. Planting details shall be submitted for review and approval by the Design Review Board prior to the submittal of a final development plan and final plat. Page 7 of 15 K:\Planning Dt:pt\Eagle Applications\Dr\2005\DR-69_05 land drf.Jo~ · 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 the development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within the landscape strip between the concrete sidewalk and back of curb abutting all interior streets. Prior to the City Clerk signing the final plat for each phase, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. · Provide detailed building elevations of any structures proposed to house the pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. · All nonresidential buildings shall be designed with architectural elements in compliance with the Eagle Architecture and Site Design Book (EASD). 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 commercial portion of the site. Architectural styles not shown within the EASD book will not be considered. · All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the open space design for the development shall be shown on a landscape plan and submitted for Design Review Board approval prior to the submittal of a 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. · 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. · A maximum of two (2) private street gates are permitted for the residential areas. The specific location of the gates shall be reviewed and approved by the Design Review Board. The gates shall be located so as to preclude the connection of two public streets via a private street. · The landscape buffer along the southern boundary of the site shall be designed in accordance with Eagle City Code Section 8-3-3-D. The landscape buffer shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. C. 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 Replacement Page 8 of 15 K:\Planning Dept\Eag]~ Applications\Dr\2005\DR-69-05 land dlf.doc 1 inch to 6 inches caliper 6 1/4 inches to 12 inches 12 1/4 inches or more 2x caliper of tree removed 1.5x 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 C 1 of this section. D. DISCUSSION: · Sheet L-2, date stamped by the City on August 4,2005, shows a six foot (6') wide meandering pathway along Eagle Road. In order to provide visual interest for the pedestrians using this pathway, staff recommends that the planter beds and trees be located on the east and west sides of the pathway. The applicant should be required to provide a revised landscape plan showing the planter beds and trees to be located on the east and west sides of the six foot (6') meandering pathway proposed along Eagle Road. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. · Sheet L-7, date stamped by the City on August 4,2005, shows the tennis court and basketball court to be located to the east of the clubhouse. No pedestrian pathways leading from the parking lot and clubhouse to the tennis court and basketball court have been shown. The applicant should be required to provide a revised landscape plan showing pedestrian pathways leading from the parking lot and clubhouse to the tennis and basketball courts. 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 plans show a few streams running through the development which terminate at Eagle Road. Sheet L-2, date stamped by the City on August 4, 2005, shows the streams running through some of the planter bed areas which are proposed along Eagle Road. The applicant should be required to provide a revised landscape plan showing how the streams will blend in with the proposed landscaping along Eagle Road and how they will terminate once they reach Eagle Road. 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 September 8, 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). Page 9 of 15 K:\Planning Dt:pt\Eagle Applicatiorn\Dr\2005\DR-69-05 lwill drfJol.: BOARD DECISION: The Board voted 4 to 0 (Barnes and Grubb absent) to approve DR-69-05 for a design review application for the common area landscaping and clubhouse within Lakemoor Subdivision for BW Eagle, LLC, 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 APPROVAL: I. Comply with any applicable conditions of A-3-02IRZ-5-02/PP-3-05 (Lakemoor Subdivision). 2. Provide a revised landscape plan showing the planter beds and trees to be located on the east and west sides of the six foot (6') meandering pathway proposed along Eagle Road. 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. 3. Provide a revised landscape plan showing pedestrian pathways leading from the parking lot and clubhouse to the tennis and basketball courts. 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. 4. Provide a revised landscape plan showing how the streams will blend in with the proposed landscaping along Eagle Road and how they will terminate once they reach Eagle Road. 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. 5. Provide a revised landscape plan showing all pathways, sidewalks, cross walks, etc. coordinate with regard to connection to each other as well as connection across roadways and planter strips. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 6. Provide a revised landscape plan showing all sidewalks to be a minimum of five feet (5') wide. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 7. Provide a revised landscape plan noting the six foot (6') wide meandering pathway along Eagle Road is to be constructed of concrete. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 8. Provide a revised landscape plan showing the landscaping to extend within nine feet (9') of the edge of pavement along Eagle Road. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 9. 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. 10. Provide revised building elevations of the clubhouse and utility buildings noting the direction of each building elevation (i.e.: north, south, east, and west). The revised building elevations shall be reviewed and approved by staff and one (I) member of the Design Review Board prior to the City Clerk signing the final plat. 11. All nonresidential buildings shall be designed with architectural elements in compliance with the Eagle Architecture and Site Design Book (EASD). 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 commercial portion of the site. Architectural styles not shown within the EASD book will not be Page 10 of 15 K:\Plamullg Dt:pt\Eaglt: Applications\Dr\2005\DR-69-05 land drf,doc considered. 12. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the open space design for the development shall be shown on a landscape plan and submitted for Design Review Board approval prior to the submittal of a final plat. 13. 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. The meeting shall address biodiversity of trees proposed within this development. A revised landscape plan showing a greater diversitv of trees proposed within this development shall be reviewed and approved by staff and one (I) member of the Design Review Board prior to the City Clerk signing the final plat. 14. All roof vents on the clubhouse shall be painted to match the color of the roof. 15. All ground mounted transformers/cable/phone/mechanical units shall be screened with landscaping. 16. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 17. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 18. 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. 19. Provide a revised landscape plan showing a fourfoot (4') high wrought iron fence to be located along the south side of the basketball court. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 20. The building materials and colors proposed to be used on the clubhouse, pump house, and sewer lift station building are approved as presented. 21. Provide revised building elevations of the pump house and sewer lift station building showing all elevations. The revised building elevations shall be reviewed and approved bv staff and one (I ) member of the Design Review Board prior to the City Clerk signing the final plat. 22. All fencing around the tennis court shall be green, brown, or black. No galvanized fencing is permitted. 23. The specific dimension between the back of curb and separated sidewalk shall be reviewed and approved bv staff in conformance with the approval of the preliminary plat. Any revised plans shall be reviewed and approved bv staff prior to the City Clerk signing the final plat. 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 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. Page 11 of 15 K:\Planning Ikpt\Eagle AppIications\Dr\2005\DR-69-05 land drf,doc 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 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 Page 12 of 15 K:\Plaruling Dept\EagJe Applicalions\Dr\2005\DR-69-05 land lltf.Joc 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 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. 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. Page 13 of 15 K:\Plaruring ~rt\E.agl~ Applications\Dr\2005\DR-69-05 land drf.doc 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 August 4, 2005. 2. Requests for agencies' reviews were transmitted on August 15, 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-69-05) 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 MU-DA (mixed use with development agreement) zoning district. DATED this 22nd day of September 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Id 0 Page 14 of 15 K:\Planning Depl\Eagle Applications\Dr\2005\DR-69-05 land drf.uoc ATTEST: _A.lv~r- (J.:w~~ Sharon K. Bergmann, Eagle City erk "~,,'ll " II ....,. ", "OF b '. ..' ~, <0..... ~f/t; I'" \. ........ """"1 () .". :;v.- _..i(, ~ .0 ollPOll 000 '<P ". =*:1" "'~\ ~ : v.s : : ..... . : ~S *: \ ~ ~ .EAL"'" i ,,~ ,~~ ~~ Page 15 of 15 K:\PlwUling Dept\EagJe Applications\Dr\2005\DR-69-05 land drf.doc