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Findings - DR - 2020 - DR-79-19 - Stillwater Sub No 01 - 2 Townhome Buildings (12 Units) BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR TWO ) TOWNHOME BUILDINGS(12-UNITS) ) AND SITE LANDSCAPING ) FOR COREY ELITHARP ) i'iNDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-79-19 The above-entitled design review application came before the Eagle Design Review Board for their action on December 12,2019. The 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; i'INDINGS OF FACT: A. PROJECT SUMMARY: Corey Elitharp, represented by Rodney Evans with Rodney Evans + Partners, is requesting design review approval to construct two (2) townhome buildings (12-units) and site landscaping. The 0.76- acre site is located on the north side of West Iron Coop Street between South Steel Farm Avenue and South Carbon Rivet Avenue on Lots 1-13,Block 4,of Stillwater Subdivision No. 1. B. APPLICAI'ION SUBMITTAL: The City of Eagle received the application for this item on November 7, 2019. Supplemental information(revised building elevations)were received on December 3,2019. C. NO 110E OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 15, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS AC11ONS: On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision (CPA-04-15/RZ-07-15 and PP-04-15). On March 24,2016,the Design Review Board approved the common area landscaping within Stillwater Subdivision(DR-11-16). On January 10,2017,the City Council approved a preliminary plat extension oftime for the preliminary plat of Stillwater Subdivision to be valid until January 12,2018(EXT-11-16). On April 13,2017,the Design Review Board approved a design review application for the master sign plan for Stillwater Subdivision(DR-12-16). On August 8, 2017,the City.Council approved the final plat for Stillwater Subdivision No. 1 (FP-08- 17). On January 23, 2018, the City Council approved a modification to the final plat for Stillwater Subdivision No. 1 (FP-08-17 MOD). On February 15,2018,the City approved a modification to the common area landscaping and entrance to Stillwater Subdivision(DR-11-16 MOD). Page 1 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drEdomc On August 9, 2019, the City approved a design review application to modify the master sign plan for Stillwater Subdivision(DR-12-16 MOD). E. COMPANION APPLICAIIONS:None. F. LAND USE DESIGNA'i'ION: Single-family residential(attached). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA1'iONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with Vacant lots within Stillwater development agreement lin Subdivision No. 1 lieu of a PUD]) Proposed No Change No change Single-family residential (attached) North of site Mixed Use MU-DA(Mixed Use with Alley,proposed Live/Work development agreement lin Townhomes within Stillwater lieu of a PUD]) Subdivision No. 1 South of site Mixed Use MLT-DA(Mixed Use with Vacant lots within Stillwater development agreement lin Subdivision No. 1 lieu of a PUD]) East of site Mixed Use MLT-DA(Mixed Use with Vacant lots within Stillwater development agreement :in Subdivision No. 1 lieu of a PUD]) West of site Mixed Use MU-DA(Mixed Use with Vacant lots within Stillwater development agreement lin Subdivision No. 1 lieu of a PUD]) H. DESIGN REVIEW OVERLAY DISi'RICT:Not in the DDA, 'IDA,CEDA, or DSDA. I. URBAN RENEWAL DISTRICT:No. J. EXIS'IING SITE CHARACI'ERISTICS: The site has been developed with curb,gutter,and sidewalk along West Iron Coop Street,South Carbon Rivet Avenue,and South Steel Farm Avenue. Page 2 of 13 KAPlanning Dept\Eagle ApplicationsOr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx K. SITE DATA: SITE DATA PROPOSED REQIJflED Total Acreage of Site 0.76-acres(33,228-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 58%(approximately) 75%(maximum)* to Building Coverage Percentage of Site Devoted 18%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 24-parking spaces total 24-parking spaces (24-covered parking spaces _12- (minimum- 12 parking two car garages]) spaces are required to be covered) *Note:Approved per the development agreement associated with RZ-07-15. Townhome Building(Lots 1-6,Block 4) SITE DATA PROPOSED** REQIJU(ED* Front Setback(South) 20-feet 15-feet(minimum) Rear/Access Drive(North) 10-feet 10-feet(minimum) Interior Side(East) 0-feet 0-feet(minimum) Street Side(West) 7-feet 5-feet(minimum for all stories) *Note:Setbacks and lot coverage per the development agreement associated with RZ-07-15. **Note:Setbacks measured from perimeter of building. Townhome Building(Lots 8-13,Block 4) SITE DATA PROPOSED** JQLED* Front Setback(South) 20-feet 15-feet(minimum) Rear/Access Drive(North) 10-feet 10-feet(minimum) Interior Side(West) 0-feet 0-feet(minimum) Street Side(East) 8-feet 5-feet(minimum for all stories) •..._ *Note:Setbacks and lot coveragenmnper the development agreement associated with RZ-07-15. **Note:Setbacks measured from perimeter of building. Page 3 of 13 KAPlanning DeptTagle ApplicationsOr\20190R-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx .. L. PARKING ANALYSIS: Number of Units: 12(all 3-bedroom units) • Eagle City Code Section 8-4-5 requires the following parking for single-family dwelling (lots less than 15,000-square feet): 2 parking spaces, including 1 covered. Proposed On-site Parking Spaces: 24(12-two car garages =24-parking spaces]). Required parking spaces: 24(12-parking spaces are required to be covered). M. GENERAL SITE DESIGN FEA'I'URES: Number and Uses of Proposed Buildings: Two townhome buildings totaling 12-units. Height and Number of Stories of Proposed Buildings: 36' 6/16",two story(per building). Gross Floor Area of Proposed Buildings: Townhome Building(Lots 1-6, Blk 4)= First Floor— 1,623-square feet x 6 units = 9,739-square feet Second Floor—4,430-square feet x 6 units = 8,579-square feet Total-3,053-square feet x 6 units = 18,318-square feet Townhome Building(Lots 8-13,Blk 4)= First Floor— 1,623-square feet x 6 units = 9,739-square feet Second Floor—4,430-square feet x 6 units = 8,579-square feet Total-3,053-square feet x 6 units = 18,318-square feet On and Off-Site Circulation: One (1) alley located to the north of the townhome buildings provide access to the garages located at the rear of the proposed residential townhomes. The alley provides connection to South Steel Farm Avenue and South Carbon Rivet Avenue. N. BUILDING DESIGN FEA1'LJRES: Roof: Standing Seam Metal(Black) Walls: Hardie board on board(White), lap siding(Charcoal),brick(Taupe),concrete(Gray) Windows/Doors: Fiberglass(Black),garage doors(Charcoal) Fascia/Trim: Hardboard(Black),steel awnings(Raw). O. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations:N/A. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees were previously approved by the Design Review Board with application DR-11-16. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A. Parking Lot Landscaping:N/A. P. [RASH ENCLOSURES: The applicant is proposing residential trash and recycle receptacles(95-gallon each approx.)which will be stored in unit garages. Page 4 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx Q. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping.No rooftop mounted mechanical units are proposed and none are approved. R. OUTDOOR LIGHTING: Site and building lighting are not shown on the site/landscape plan or building elevations. Detailed lighting cut sheets were received,however,the lighting styles shown are not recessed or shielded to direct all light downward. S. SIGNAGE: No signs are proposed with this application.A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any sign permits. T. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City.A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. U. PUBLIC USES PROPOSED:None. V. PUBLIC USES SHOWN ON FU'iiJRE ACQUISITIONS MAP:No map currently exists. W. SPECIAL ON-SITE FEA1LJRES: Areas of Critical Environmental Concern-No Evidence of Erosion-No Fish Habitat-No Floodplain-No Mature Trees—No Riparian Vegetation—No Steep Slopes-No Stream/Creek-No Unique Animal Life-No Unique Plant Life-No Unstable Soils-No Wildlife Habitat-No X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. Y. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Central District Health Department Eagle Fire Department Eagle Parks and Pathways Z. LETTERS FROM'H-fE PUBLIC:None received to date. Page 5 of 13 KAPlanning DeptTagle Applicaaons\DA2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.dcex THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAYY ANALYSIS PROVII)ED WITHIN THE STAT F REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1 HIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take way from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING [HIS PROPOSAL: 3.5 The Setbacks shall be as follows(Product Type Exhibit I): Townhome Product(Block 4)and Live/Work Product(Block 5)(Rear-loaded garage): Front 15-feet Rear(at access drive) 10-feet Interior Side 0-feet Interior Side on Common Area: 5-feet Street Side 5-feet for all stories Maximum lot coverage 75% 3.6 The proposed building height of the commercial/condo and live/work units shall not exceed 42-feet in height as shown on the submitted building elevation(Exhibit F). 3.14 The single-family dwellings shall be constructed utilizing"Northwestern"style architecture as shown on Exhibit D.The commercial/retail buildings, live/work residential units,townhouses, and pool house shall be constructed utilizing "Northwestern" style architecture as shown on Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of a building permits for commercial/retail buildings,live/work residential unities,townhouses,pool house,pumphouse for irrigation,and gazebos. To assure compliance with this condition, the applicant shall create an Architectural Control Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operation procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. Page 6 of 13 KAPlanning DeptTagle Applications\DA20190R-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING'[HIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits,and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to,new commercial, industrial, institutional, office, multi-family residential projects, signs,common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use,exterior remodeling or repainting with a color different than what is existing,exterior restoration, and enlargement or expansion of existing buildings, signs or sites,and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 1.All parking areas shall be illuminated in accordance with the provisions of this chapter. 2.Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3.Except as noted in subsection A4 of this section,all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light(including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right-of-way,or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture (as identified in the EASD book)are approved,shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty(250) watt maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty(320)watts. b. The light fixture shall be no higher than seventeen feet(17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1)The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2)The lighting shall be installed,operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area;and Page 7 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx (3)The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture(as identified in the EASD book)shall not be permitted to have metal halide lighting. 8. Existing lighting,for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right-of-way,required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. D. DISCUSSION: • The applicant is proposing to construct two townhome buildings within Stillwater Subdivision No. 1. The proposed townhome buildings include 12-attached single-family units (6-units each). The architectural style of the townhome buildings will be"Northwestern"style as required and shown in Exhibit"E"of the development agreement. The application states that the townhome buildings will be constructed of materials including brick, concrete, steel, hardie board on board, and lap siding to tie into the rest of the overall development. Staff defers comment regarding the building design and colors to the Design Review Board • The building elevations do not show exterior lighting. Detailed lighting cut sheets were received; however, the lighting styles shown are not recessed or shielded to direct all light downward. The applicant should be required to provide revised building elevations showing building lighting locations and provide detailed cutsheets of all lighting showing the style,color, illumination type, etc.,to comply with Eagle City Code Section 8-4-4-2.The revised building elevations,and detailed cut sheets should be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. STAI 'RECOMMENDATION PROV1I)ED WITHIN THE STAFY 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 below. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on December 12,2019, at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 2:37:36) Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the building design, colors, and materials and affirms it complies with the exhibits shown within the development agreement. • The Board is in favor of the decorative building wall light and yard light fixtures since they complement the lighting in the surrounding residential area. Page 8 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx BOARD DECISION: The Board voted 5 to 0(Grubb and Koci absent)to recommend approval of DR-79-19 for a design review application to construct two (2) townhome buildings (12-units) and site landscaping within Stillwater Subdivision for Corey Elitharp, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-07-15,PP-07-15 MOD, DR-11-16 and all subsequent modifications. 2. Provide revised building elevations showin• g building lighting locations.and-pr-eN4Ele-detailecl-eutsheets • • • • • . " " • - - -• - " . & & & & Ak. S 4 2.The revised building elevations shall be reviewed and approved by staff and one(1)member of the Design Review Board prior to the issuance of a zoning certificate. 3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 7. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 8. No signs are proposed with this application and none are approved. 9. Provide revised building elevations showing the color and locations of gutters and downspouts on the buildings. The revised building elevations shall be reviewed and approved by staff and two(2) members of the Design Review Board prior to the issuance of a zoning certificate. NOTA:: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the Page 9 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx 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,or drain, for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association,drainage district, drainage entity, or other irrigation entity, shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider,business owner,homeowner,or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. Page 10 of 13 KAPlanning DeptTagle Applications\DA2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.dcex 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans, for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools,etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps.of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically Page 11 of 13 KAPlanning DeptTagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx approved by the Commission and/or Council. 21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including,but not limited to building design, location and details, landscaping,parking, and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules,regulations, ordinances,plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code(one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-79-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the • proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and two townhome buildings are permitted with the approval of a design review application within the MU-DA(Mixed Use with a development agreement in lieu of a PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the two proposed townhome buildings are designed with materials and colors associated with a farmhouse, industrial view of"Northwestern" style architecture which complements the general vicinity; Page 12 of 13 KAPlanning DeptTagle ApplicadonsDr\20190R-79-191'ownhomes(Live Only)in Stillwater Sub drf.docx C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site has on-site covered parking within the first level garages of each townhome building and meets the required parking for the proposed use; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and City, and where possible,enhance the continuity of thematically common architectural features since the proposed building has been designed with quality materials that are consistent with a farmhouse, industrial style of"Northwestern"architectural style approved within the development agreement and will harmonize with proposed buildings within the vicinity; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed buildings are in conformance with the "Northwestern" style of architecture approved within the development agreement and have been designed to complement the proposed buildings in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height regulations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks and walkways that provide pedestrian connectivity within the site and access to future buildings and residential homes within the Stillwater Subdivision; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since there are sidewalks and walkways that connect to future buildings and residential homes; and I. No signs are proposed with this application. All signs, if approved, will be required to be harmonious with the architectural design of the building and will not cover or detract from the desirable architectural features. DATED this 9th day of January 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ,,,%%I$�h1 Craig Brasher, Chairman •••• C pR •. .� ; ATT ST• *Vi • a,. ••••••• y tr-1 .,#,'-'11no . •• '8 8811120° 6 (5_\,, Sharon K. Bergmann, Eagle City Clerk Page 13 of 13 K.\Planning Dept\Eagle Applications\Dr\2019\DR-79-19 Townhomes(Live Only)in Stillwater Sub drf.docx � � r 24'W 111 "14 . \-71.10111 4t" ‘tsit f • �$e • #4F~ ""14^.A' .1 " +}�•.