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Findings - DR - 2013 - DR-19-13 - Construct A Commercial Entertainment Facility For Eagle Tennis Facility BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT A ) COMMERCIAL ENTERTAINMENT FACILITY FOR ) THE EAGLE TENNIS FACILITY FOR KARA HOGE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-19-13 The above-entitled design review application came before the Eagle Design Review Board for their action on June 13, 2013. 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; FINDINGS OF FACT: A. PROJECT SUMMARY: Kara Hoge,represented by Eric Anderson with ALC Architecture, is requesting design review approval to construct a 108,348-square foot tennis facility for the Eagle Tennis Facility. The 11.83-acre site is located near the southeast corner of State Highway 44 and South Edgewood Lane at 1650 East Riverside Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 5, 2013. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 3, 2013, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 22, 2007, the City Council approved an annexation and rezone from RUT(Rural Urban Transition—Ada County designation)and MU(Mixed Use)to MU-DA(Mixed Use with Development Agreement)for Cornerstone Group, LLC. (A-18-06/RZ-24-06) On July 24, 2007,the City Council approved a preliminary plat for Eagle Gateway South Subdivision for Cornerstone Group, LLC. (PP-21-06) On October 16, 2007,the City Council approved a design review for the common area landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC. (DR-33-07) On June 10, 2008,the City Council approved RZ-24-06 MOD for a modification to the development agreement to change a"Hotel"use(shown as"C"conditional use under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations")to a permitted use on the property associated with Eagle Gateway Subdivision for Eagle Gateway South,LLC. E. COMPANION APPLICATIONS: RZ-24-06 MOD3 (modification to the development agreement) Page 1 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with Mixed use development Development Agreement) including commercial, retail. Proposed No Change No Change Commercial Entertainment Facility for a tennis club North of site Business Park BP(Business Park) State Highway 44 South of site Floodway MU-DA(Mixed Use with Single-family residential Development Agreement) and a public park. East of site Mixed Use MU(Mixed Use) Ancona Business Park West of site Mixed Use MU-DA(Mixed Use with Lonesome Dove development agreement) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 11.83-acres(515,314-square feet) 0.11-acres(5,000-square feet) (minimum) Percentage of Site Devoted to 20%(approximately) 60%(maximum)* Building Coverage Percentage of Site Devoted to 56%(approximately) 10%(minimum) Landscaping Number of Parking Spaces 180-parking spaces Front Setback 43-feet(west) 20-feet(minimum)* Rear Setback 29-feet(east) 10-feet(minimum)* Side Setback 9.5-feet(south) 7.5-feet(minimum)* Side Setback 59-feet(north) 7.5-feet(minimum) *Note: Setbacks and lot coverage pursuant to the development agreement executed February 22,2008. Page 2 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drf doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be utilized for a tennis facility with associated uses(i.e.: daycare,health club, office,retail,restaurant). Height and Number of Stories of Proposed Buildings:43' 6"high; two stories. Gross Floor Area of Proposed Buildings:Total at build out= 108,348-square feet Phase 1 Phase 2 First Floor 63,478-square feet 37,675-square feet Second Floor 4,160-square feet 3,035-sqaure feet Total 67,638-square feet 40,710-square feet On and Off-Site Circulation: A 79,755-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 32-foot wide driveway is proposed to be located on the south side of this site approximately 180-feet east of Edgewood Lane. One 24-foot wide driveway is proposed to be located on the south side of this site approximately 540-feet east of Edgewood Lane. One 24-foot wide driveway is proposed to be located on the south side of this site approximately 55-feet west of the east property line of this site. All three driveways will provide access to East Riverside Drive. K. BUILDING DESIGN FEATURES: Roof:Metal(Gray),Membrane(white) Walls:Brick/Stone(Red/Ledge cut tan), Stucco(cream),Flutted metal(parchment) Windows/Doors: Kalwall translucent panel system and storefront windows (bronze) Metal store front doors(bronze). Fascia/Trim:Metal fascia,wood beams. L. 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:The applicant is proposing to install street trees along East Riverside Drive. Maintenance Provisions and Proposed Irrigation Methods:Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the site. b. Interior Landscaping: 10%interior landscaping is required, 15%is proposed. Page 3 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drfdoc M. TRASH ENCLOSURES: One 350-square foot trash enclosure is proposed to be located at the eastern end of the east/west wing approximately 380-feet north of East Riverside Drive. The enclosure is proposed to be constructed of CMU walls with metal gates,all of which will match the materials and colors used in the construction of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are proposed to be screened by parapet walls and other elements of the building. No ground mounted mechanical units are proposed with this project and none are approved. 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 AVAILABLE: A preliminary approval letters 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. 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-none 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-unknown Wildlife Habitat-no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required 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: Page 4 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19.13 Eagle Tennis Facility bldg drf.doc Ada County Highway District Eagle Fire Department Idaho Department of Lands Idaho Transportation Department Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co. W. 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: • The Comprehensive Plan Land Use Map (adopted August 25, 2009) designates this site as Mixed Use. Mixed Use Suitable primarily for a variety of uses such as limited office,limited commercial,and residential developments.Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process,see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. B. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 3.4 The Setbacks shall be as follows: Mixed Use/Office/Retail Commercial Buildings Front 7.5 feet (allows canopies,awnings, etc.to encroach) (typ. at west end of Riverside Drive near Edgewood and along Edgewood) 20 feet(typical unless noted otherwise) Rear 10 feet Interior Side 7.5 feet(2-story)/ 12.5 feet(3-story) Street Side 7.5 feet(allows canopies,awnings,etc.to encroach) Maximum Coverage: 60% • 3.14 The single-family dwellings shall be constructed utilizing"Craftsman/Americana"style architecture. Commercial/retailbuildings,multi-family residential condominiums,single-family dwellings,and pool house shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book.Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retailbuildings,multi-family residential condominiums,pool house,pumphouse for irrigation, and gazebos. • 3.16 The applicant shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and Page 5 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-I9-13 Eagle Tennis Facility bldg drf.doc all common areas throughout the development, 3)landscape screening details and buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area structures and irrigation pump house(if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. • 3.18 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas(unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final 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. C. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-3 (C) OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (P-Permitted Use/C -Conditional Use/No P Or C -Prohibited Use) Land Use MU Commercial entertainment facilities(indoor) C Commercial entertainment facilities(outdoor) C • Eagle City Code Section 8-2A-1(A)(5) Utilities:Utility service systems shall not detract from building or site design. Cable,electrical, and telephone service systems shall be installed underground, and the design review board shall consider: • Eagle City Code Section 8-2A-6(A)(6)Building Design: a.Building Mass:The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies,bays,porches,covered entries,overhead structures,awnings,changes in building facade and roofline alignment,to provide shadow relief.Avoid monotonous flat planes; d. Relationship Of Exterior Materials:The design review board shall determine the appropriateness of materials as they relate to building mass,shadow relief,and existing area Page 6 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-I3 Eagle Tennis Facility bldg drEdoc development. Use of color to provide blending of materials with the surrounding area and building use,and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. • Eagle City Code Section 8-2A-6(B) B. Architectural Requirements,Building Materials,Fence And Deck/Patio Materials,Colors, And Architectural Appurtenance Height Limitation Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator,the design review board, and the city council,whichever the case may be,to determine the appropriateness of such material. 1. Exterior walls and soffits: k. Metal:metal siding shall be anodized, shall have a concealed fastener system,shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented towards the road. A waiver of this subsection B l k on metal siding maybe allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings;is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection. 2. Roofs: e. Metal;standing seam,batten seam(concealed fasteners required); Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road. 3. Fences: a.Vinyl: integral color required; b. Block(with columns); c. Brick(with columns); d. Wrought iron; e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted. 5. Colors: a. Earthen tones are encouraged. b. Flat or low gloss finishes are encouraged. c. Roof mounted mechanicals,all vents protruding through the roof,and similar features shall be painted so as to match the color of the roof. Page 7 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drfdoc d.Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building. • Eagle City Code Section 8-2A-7(K)(2)Parking Lot Landscape Strip: Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings,which creates a pleasing,harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot(10')wide landscaped strip between the right of way and the parking lot,and plant with a minimum of one shade tree and ten(10) shrubs per thirty five(35) linear feet of frontage,excluding driveway openings. b.Provide an earth berm of thirty inches(30")minimum height(do not exceed 3:1 slope) within a ten foot(10')wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five(5) shrubs per thirty five(35) linear feet of frontage,excluding driveway openings. c.Provide a six foot(6')landscaped strip with a minimum thirty inch(30")grade drop from the right of way to the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. d.Provide a three foot(3')high fence of wood,brick,stone,or decorative block or concrete along with a four foot(4')wide landscaped strip between the right of way and the parking lot,and plant a minimum of one shade tree and five(5) shrubs per thirty five(35) linear feet of frontage,excluding driveway openings. (1)The board may waive the requirement for a wood,brick,stone,decorative block or concrete fence if the board finds the following: (A)The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting,results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists;and (B)Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code Section 8-2A-7(K)(3)Parking Lot Perimeter Landscaping: Parking Lot Perimeter Landscaping:Perimeter landscaping requirements define parking areas and prevent two(2)adjacent lots from becoming one large expanse of paving.This requirement does not hinder the ability to provide vehicular access between lots. a.Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of perimeter. D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-4-1-6(D)(1) Page 8 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drf doc 1. The paved portion of the pathway may range from six feet(6')to ten feet(10')in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet(8')wide and shall be located within a sixteen foot(16')wide pedestrian access easement,however,in an area where low volume pedestrian traffic is anticipated,the council may consider a reduction in pathway width to six feet(6').Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet(10')wide and shall be located within a twenty foot(20')wide pedestrian access easement. E. DISCUSSION: • The applicant is requesting design review approval to construct a 108,348-square foot indoor and outdoor tennis facility. The facility is proposed to have two phases,the first phase includes the east/west wing of the tennis facility and the associated lease spaces and several of the outdoor courts. The second phase will consists of the north/south wing of the tennis facility and the remaining outdoor courts. This site is located between the Ancona Business Park and the residential development, Lonesome Dove. The applicant's justification letter indicates that the several factors went into how the building was designed. First the surrounding properties and structures, secondly the internal use of the structure,and finally the budget concerns of the construction and finishes of the facility. The residential dwellings proposed and being constructed within Lonesome Dove,were approved and are being constructed as"Northwest Craftsman" architecture which was a combination of the traditional"Craftsman"architecture incorporating design elements of"Frank Lloyd Wright"architecture. The tennis facility wings appear to be large gable structures. The large metal roof is broken up with dormers that are built of translucent panel sidewalks to allow natural light to the courts below. The walls of the wings are a combination of brick veneer, fluted metal panels, stone base,with large operable translucent panels.Green screen systems are proposed around the windows that are located on the portions of the building that are metal. The building entrance consists of storefront glazing which extends along a portion of the north building elevation and a portion of the west building elevation adjacent to the interior uses,the spa and the tennis club. The glazing is offset with rough stone and timbers. Pursuant to Eagle City Code,metal roofing and siding is prohibited on any portion of the building facing a road. It is staff's understanding that the applicant will provide additional information to the Board at the meeting regarding the use of metal on a building of this size and for the proposed uses. Staff defers comment regarding the design and colors of the proposed facility to the Design Review Board. • The site plan(Sheet DR1.1),date stamped by the City on April 5, 2013, shows the areas of this development which are associated with this tennis facility. There are several areas shown with crosshatching through them that are not proposed to be developed at this time;however,several of the drive aisles required to provide access to parking and access throughout the site are not shown to be a part of this development. The applicant should be required to provide a revised site plan showing full 24-foot wide drive aisles to be located adjacent to any parking areas required for this site and full 24-foot wide drive aisles required to access this site. Letters from the adjacent property owner(s)should be submitted to the City approving 12-feet of the 24-foot wide shared drive aisles to be located on the adjacent property. The revised site plan and letters should be reviewed and approved by staff prior to the City issuing a zoning certificate. • The landscape plan shown on Sheet L1.00, date stamped by the City on April 5, 2013, shows landscaping to be installed in all areas where there is parking adjacent to the public right of way, with the exception of the proposed parking located adjacent to East Riverside Drive at the corner of Edgewood Lane and East Riverside Drive. The applicant should be required to provide a Page 9 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19.13 Eagle Tennis Facility bldg drfdoc revised landscape plan showing the landscaping between the southern parking spaces adjacent to East Riverside Drive in compliance with Eagle City Code 8-2A-7(K)(2). The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shown on Sheet L1.00, date stamped by the City on April 5, 2013, does not show perimeter landscaping along the drive aisle located on the east property line of this site. Pursuant to Eagle City Code, a 5-foot wide landscape strip is required between the property lines and the parking lot,and to be planted with a minimum of one shade tree and five(5) shrubs per thirty five(35)linear feet of perimeter. The applicant should be required to provide a revised landscape plan showing a 5-foot wide landscape strip between the drive aisle and the east property line. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of zoning certificate. • The site and landscape plans, date stamped by the City on April 5, 2013, show an 8-foot wide paved pathway to be located adjacent to State Highway 44. Pursuant to Eagle City Code, a 10-foot wide(minimum)pathway is required when located adjacent to major roadways. The applicant should be required to provide revised site and landscape plans showing a 10-foot wide paved pathway adjacent to State Highway 44. The revised site and landscape plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant indicates within the application that vinyl coated chain link fencing is to be utilized around the outdoor tennis courts. Pursuant to Eagle City Code,chain link fencing is not permitted; however,pursuant to past action by the Board and Council,powder coated chain link fencing has been permitted around tennis courts and other sports facilities. Staff defers comment regarding the vinyl coated chain link fencing to the Board. • 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 to consider the application was held before the Design Review Board on June 13, 2013, 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 2 to 0 (Grubb abstained,McCullough,Hull, and Martin absent)to approve DR- 19-13 for a design review application to construct a commercial entertainment facility for the Eagle Tennis Facility for Kara Hoge,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: 1. Comply with any applicable conditions of RZ-24-06 MOD3. 2. Provide a revised site plan showing full 24-foot wide drive aisles to be located adjacent to any parking Page 10 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drfdoc areas required for this site and full 24-foot wide drive aisles required to access this site. Letters from the adjacent property owner(s)shall be submitted to the City approving 12-feet of the 24-foot wide shared drive aisles to be located on the adjacent property. The revised site plan and letters shall be reviewed and approved by staff prior to the City issuing a zoning certificate. 3. Provide a revised landscape plan showing the landscaping between the southern parking spaces adjacent to East Riverside Drive in compliance with Eagle City Code 8-2A-7(K)(2). The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised landscape plan showing a 5-foot wide landscape strip between the drive aisle and the east property line. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of zoning certificate. 5. Provide revised site and landscape plans showing a 10-foot wide paved pathway adjacent to State Highway 44. The revised site and landscape plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Provide a revised landscape plan showing landscaping within 9-feet of the edge of pavement adjacent to State Highway 44. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. The perimeter landscaping as shown on Sheet L1.00, date stamped by the City on April 5, 2013, adjacent to State Highway 44, Edgewood Lane, and East Riverside Drive shall be installed prior to the issuance of a certificate of occupancy for the tennis facility. 8. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 9. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred for reviewing this project. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan review. 12. No ground mounted mechanical units are proposed with this application and none are approved. 13. Roof top mechanical units,hoods,vents,access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 14. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building. 15. No signs are proposed with this application.A separate design review application is required for any signage on this site or building. 16. The metal roof and siding as shown on the elevation plans,date stamped by the City on April 5, 2013, is approved. 17. Powder coated chainlink fencing is permitted around the tennis courts. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Page 11 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drf.doc Transportation Department, including but not limited to approval of the drainage system,curbs, gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 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. 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 used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from Page 12 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-I3 Eagle Tennis Facility bldg drfdoc the irrigation 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. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. 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 Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development 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 Park and Pathway Development 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. Page 13 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drEdoc 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City 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 the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans,including,but not limited to building design, location and details,landscaping,parking, and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules,regulations, ordinances,plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on April 5,2013. 2. Requests for agencies' reviews were transmitted on June 3, 2013, 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-19-13) 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. Page 14 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drf.doc The Board recognizes that the materials proposed to be used in the construction of the building do not comply with Eagle City Code. However, it is the Boards opinion that the architectural style and the use of metal on the walls and roof, in combination with the stone and brick with the use of the translucent panel systems and green screens on the facades of the building,will compliment that which has already been constructed in the surrounding area. 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 27th day of June 2013. DESIGN REVIEW BOARD OF THE CITY OF AGLE Ada Co ah Eric R. McCullough,Chairman °° C,� 00 OF '•�'• gQy000000 ry '•I c,O RP0 .•c: j fl �.I crl ATTEST: Sp .4" Ti:t• ',;e• elt-2-adJI&A 4141111.-."Aid Sharon K.Bergmann,Eagle City lerk ,,.D N Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 15 of 15 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 Eagle Tennis Facility bldg drf.doc