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Findings - DR - 2013 - DR-61-13 - Construct Improvements At The Eagle-Ada Sports Complex BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONSTRUCT ) IMPROVEMENTS AT THE EAGLE-ADA ) SPORTS COMPLEX FOR THE CITY OF EAGLE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-61-13 The above-entitled design review application came before the Eagle Design Review Board for their action on November 14, 20013. The Board continued this item to December 12, 2103, and made their decision at that time. 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: The City of Eagle,represented by Idaho Superparks, LLC, is requesting design review approval to complete improvements for the proposed terrain park to be located within the Eagle-Ada Sports Complex. The site is located on the east side of Horseshoe Bend Road approximately 1600-feet north of Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 22, 2013. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 6, 2013, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 25, 2005, the Eagle City Council approved an annexation application and rezone application for this property(A-10-05/RZ-14-05). On April 10, 2007, the Eagle City Council approved a design review application for the Idaho Velodrome within the Eagle-Ada Sports Complex(DR-03-07). On October 11, 2013, Eagle City Staff approved a design review application for landscaping along the entrance to the Eagle-Ada Sports Complex(DR-56-13). E. COMPANION APPLICATIONS:N/A Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi-public PS Skateboard/Bike Park Proposed No Change No Change Terrain Park North of site Rural Residential(Ada RUT(Residential—Ada Vacant County designation) County designation) South of site Residential one& Rl and R2 (Residential 1 and Residential Subdivision Residential Two 2 units per acre) East of site Rural Residential(Ada RR(Residential—Ada Vacant County designation) County designation) West of site Residential Four R4 (Residential 4 units per Residential Subdivision acre) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The northeastern 5 t/2-acres (approximately) of the Eagle-Ada Sports Complex has been developed as a skateboard park with restrooms, concessions, and associated parking. The first phase of the velodrome bicycle track was constructed which included the grading of the track and berming and a portion of the parking lots. I. SITE DESIGN INFORMATION: Total Acreage of the Terrain Park Site— 10-acres J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two; temporary portable structures to be used for ticket, rental, sales office, and for equipment and rental storage. The other building is to be used for pumps, electrical equipment, and plumbing equipment. Height and Number of Stories of Proposed Buildings: 12-feet in height; one story. Gross Floor Area of Proposed Buildings: Each building will be 320-square feet. On and Off-Site Circulation: The existing parking lot that was constructed with the velodrome improvements will be utilized for the terrain park. K. BUILDING DESIGN FEATURES: Roof: Metal roof(forest green) Walls: Plank wood siding(brown stain) Windows/Doors: Vinyl windows (forest green), steel doors(forest green) Fascia/Trim: Metal trim(forest green) Page 2 of 14 K\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf.doc 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: Street trees were approved with the Idaho Velodrome application (DR-03-07). This area of the park does not abut Horseshoe Bend Road, thus no street trees are required with this application. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: A landscape plan showing the landscaping within the parking lot was approved with the Idaho Velodrome application(DR-03-07). While only a portion of the parking area was constructed,none of the landscaping within the parking lot was installed. M. TRASH ENCLOSURES: The City is in the process of constructing a trash enclosure on site. N. MECHANICAL UNITS: Pursuant to the application,the applicant is proposing to use a wall mounted HVAC unit in one of the temporary structures. The applicant indicates the wall mounted unit is to be screened from view by signage. 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. FENCING: Temporary safety snow fencing is to be used around the perimeter of the snow area. Fiberglass poles with vinyl screen mesh is proposed for the temporary fencing. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from the 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. S. PUBLIC USES PROPOSED: The site is open to the public. Utilization of the terrain park portion of the park facility will be fee based. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists Page 3of14 K:\Planning Dept\Eagle Applications\Dr\2o13\DR-61-13 Terrain Park Improvements drfdoc U. 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 V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Development Services Ada County Highway District Department of Environmental Quality Eagle Fire Department X. 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 designates this site as Public/Semi-public. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1 PS PUBLIC/SEMIPUBLIC: To provide for public/semipublic development such as golf courses, parks, recreation facilities, greenways, schools, and public service facilities such as government offices • Eagle City Code Section 8-2A-1 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 Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drfdoc 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 8-2A-6(A)(5) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. • 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 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)(1)Exterior walls and soffits: a. Wood: cedar(clear)and redwood(clear)-architectural/premium grade. Log siding, wood shingle are permitted for accent only,twenty five percent(25%)maximum wall coverage(per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. b. Fiber cement; c. Masonite: horizontal lap only, maximum six inch (6")reveal; d. Vinyl: 0.46 millimeter minimum thickness, integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only,ten percent(10%)maximum wall coverage(per each facade); h. Stucco: twenty five percent(25%)planer change required, additional accents shall be incorporated through the use of other material(s); i. EIFS: permitted for accent only,ten percent(10%)maximum wall coverage(per each facade). Additional accents required through the use of other materials; Page 5of14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf.doc j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns; 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 1 k on metal siding may be 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. In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be prohibited in the DDA, TDA, CEDA design review overlay district areas. • Eagle City Code Section 8-2A-6(B)(2)Roofs: a. Wood shakes/shingles: premium on number 1 grade; b. Architectural grade textured composition shingles; c. Tile: cemetitous, clay; d. Slate; e. Metal; standing seam, batten seam(concealed fasteners required); Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road. f. Flat roof specification: single ply, built up(both nonreflective). • Eagle City Code Section 8-2A-6(B)(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. • Eagle City Code Section 8-2A-7(J)(2)(c) To conceal outdoor storage areas,trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot(5')wide by six foot(6')high landscaped buffer is required. • Eagle City Code Section 8-2A-7(J)(4)(b)(4 and 5) (4)Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drfdoc (5)A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover, or grass. • Eagle City Code Section 8-4-4-2 ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS: A. Site Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. (Ord. 422,4-23-2002) 2. Any lights used to illuminate a site shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site 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(such as is shown in chapter 2, article A, exhibit A-9 of this title)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 150 watt high pressure sodium and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet(20') for parking lots with less than two hundred (200) spaces; b. Twenty five feet(25') for parking lots with more than two hundred(200) spaces but less than five hundred(500)spaces; c. Thirty feet(30') for parking lots with more than five hundred(500)spaces; d. Fifteen feet(15') for any pole within fifty feet(50')of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt maximum high pressure sodium lights, shall be the only type of site lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of 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; Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements dr£doc (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 (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(such as is shown in chapter 2, article A, exhibit A-9 of this title)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. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. C. DISCUSSION: • The applicant is requesting design review approval to complete improvements for the terrain park to be located within the Eagle-Ada sports Complex. The applicant indicates within their justification letter that they desire to create a year round recreation opportunity for the community. The first phase consists of creating a winter recreation park which would include tubing, skiing, and snowboarding. Future phases would consist of water recreation activities that may include cable wake boarding and/or wave production elements for surfing, kayaking, and boogie boarding or body surfing. This phase of the improvements consists of re-grading certain areas of the park to enhance the terrain for recreational features both winter and summer sports and improve the drainage from existing locations to the vacated Velodrome excavation site. A vinyl pond liner is proposed to line the Velodrome site for water storage to provide for snow making operations,to recapture surface runoff and drainage that will be reused for snowmaking purposes. The applicant is also requesting approval to install two (2)temporary self-contained portable structures. One structure is to be used for ticket,rental and sales office with space to store tubes and rental equipment and a second structure is to be used to enclose the pumps, electrical equipment, and plumbing equipment. • The letter date stamped by the City on November 20,2013, from Ada County Development Services addresses several concerns the County has with this proposed project. The majority of the letter addresses the lease agreement between the City and the County and whether this is a permitted use on the property. The Board is not tasked with interpreting the lease agreement. The lease agreement for the land use is to be interpreted by the County Commissioners and City Council. For the purpose of this application,the Board is responsible for reviewing the beautification of the site, building design, signs, and grading. Several of the items listed within the letter from Ada County Development Services which addresses"Project Concerns"are also concerns addressed by the City Engineer, Holladay Engineering, in their email response dated December 3, 2013. The applicant should be required to comply with the conditions of the City Engineer as addressed in their response dated December 3, 2013. The conditions should be addressed prior to the applicant completing any work within the Sport Complex and prior to the issuance of a zoning certificate. • The applicant indicates within their justification letter that the two (2)temporary self-contained portable structures comply with the Prairie School architectural style as depicted within the EASD Book. While the applicant is correct in describing the proposed buildings as boxy and symmetrical with hipped roofs,there is little else in the design of these buildings that comply with the Prairie School architectural style. With that said,the applicant incorporated colors and Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf doc materials used in the construction of the existing restroom/concessions structure within the skateboard area of the park and these are temporary structures until future phases permit the construction of permanent structures. Staff defers comment to the Design Review Board regarding the architectural design, color, and materials proposed on the two(2)temporary self-contained portable structures. • The applicant indicated within the application that a trash enclosure has already been constructed on this site. Staff is unaware of an enclosure being located on this site. The applicant should be required to provide a site plan showing the proposed location of the trash enclosure including materials to be used in the construction of a trash enclosure on this site. The site plan and/or detailed elevation plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • On April 10, 2007,the Eagle City Council approved a design review application for the Idaho Velodrome within the Eagle-Ada Sports Complex(DR-03-07). The approval of the Idaho Velodrome design review included the landscaping proposed within the parking lot. The applicant should be required to complete the landscaping within the existing parking lot that will be utilized by the proposed terrain park patrons. The landscaping should be complete prior to the issuance of a certificate of occupancy/completion of any structures. Pursuant to Eagle City Code 8-2A-7(H), the Zoning Administrator may authorize a delay in the completion of planting during the months of November, December, January, February, and March due to weather conditions, if a surety is provided to the City. • The applicant has provided cut sheets of the light fixtures to be utilized to illuminate the terrain park; however, a site plan showing the location of any proposed light fixtures and pole heights specific to this project has not been submitted to the City. In addition,the applicant is proposing the use of metal halide luminaires. Pursuant to Eagle City Code,the use of metal halide light fixtures has to be specifically approved by the Board. The Board must find the following when metal halide lighting is used: (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 Eagle City Code; (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 (3) The lighting will not be disturbing to existing or future neighboring uses. The applicant should be required to provide detailed cut sheets, site plan, specific wattage used, etc. of all lighting to be used to illuminate the terrain park and the parking area. The detailed cut sheets and site plan should be reviewed and approved by the Zoning Administrator prior to the City issuing a zoning certificate. • 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 November 14, 2013. The Board continued the item to December 12, 2103, at which time the Board made their decision. Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf doc B. Oral testimony in opposition to this proposal was presented to the Design Review Board by two individuals. 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 3 to 0 (McCullough,Brasher, Hull, and Hash absent)to approve DR-61-13 for a design review application to construct improvementS within the Eagle-Ada Sports Complex for the City of Eagle, 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 the conditions of the City Engineer as addressed in their response letter dated December 3, 2013. The conditions shall be addressed prior to the applicant completing any work within the Sport Complex and prior to the issuance of a zoning certificate. 2. Provide a site plan and elevations showing the location of the proposed trash enclosure including materials to be used in the construction of a trash enclosure on this site. The site plan and/or detailed elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Complete the landscaping within the parking lot that has been constructed and that will be utilized by the proposed terrain park patrons. The landscaping shall be completed prior to the issuance of a certificate of occupancy/completion of any structures. 4. Provide detailed cut sheets, site plan, specific wattage used, etc. of all lighting to be used to illuminate the terrain park and the parking area. The detailed cut sheets and site plan shall be reviewed and approved by the Zoning Administrator and two members of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide revised elevation plans showing the use of concealed fasteners for the metal roofing. The revised elevation plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate. 6. Any overhead utilities servicing the site or proposed to service the site shall be located underground. 7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 10. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 11. A design review application shall be submitted for any future structures, amenities, expansion to the terrain park, and summer park concept area. The design review application shall be reviewed and approved by the Design Review Board prior to any improvements being constructed on site that are not associated with this application. 12. Provide detailed plans showing the transition between the liner of the proposed reservoir and that which will be visible from the public. The detailed plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of zoning certificate. Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf doe 13. Provide detailed cut sheets of the snow cannons to be used showing the size and color. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 14. Provide greater detail (i.e.: color, height, location)of the proposed temporary fencing. The fencing detail and general location shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 15. The portable structures are temporary and are approved for two years from the date of this approval. Prior to December 27, 2015, a design review application showing permanent structures that more closely follow the guidelines within Eagle City Code and the EASD book shall be submitted, reviewed, and approved by the Design Review Board. 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 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. Page 11 of 14 K\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf.doc 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 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. Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf doc 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. 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 Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drfdoc 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 October 22, 2013. 2. Requests for agencies' reviews were transmitted on November 6, 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-61-13) 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. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the PS (public/semi-public)zoning district. DATED this 27th day of December 2013. DESIGN REVIEW BOARD OF THE CI OF '/AGLE Ada Co .hy RI, ert Grubb, Vice Chairman �0 110011 F F,AG4,%, ATTEST: (.....:40)pa •••/ G _Sharon S:- gmann, Eagle City Cler/ t•..•` ..', ATE 0v%%• Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-61-13 Terrain Park Improvements drf.doc