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Findings - DR - 2014 - DR-67-13 - Construct Six Aprtment Buildings/Clubhouse For Eagle River Apartments BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT SIX ) APARTMENT BUILDINGS AND CLUBHOUSE FOR ) EAGLE RIVER APRARTMENTS FOR TOM HILL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-67-13 The above-entitled design review application came before the Eagle Design Review Board for their action on January 23, 2014. The Board continued this item to February 13, 2014, and February 27, 2014, 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: Tom Hill, represented by Laren Bailey with LEI, is requesting design review approval to construct six(6) apartment buildings consisting of 80-total units. This application also includes converting the 4,642-square foot residential dwelling unit to a clubhouse. The 5.38-acre site is located on the south side of East Riverside Drive approximately 300-feet east of East Shore Drive at 827 East Riverside Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 5, 2013. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 13, 2013, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 16, 2007, the Eagle City Council approved a design review application for the common area landscaping and residential townhouse and condominiums within The Lofts at Eagle River(DR-57-06). On January 16, 2007, the Eagle City Council approved a design review sign application for three monument signs for The Lofts at Eagle River(DR-58-06). On February 7, 2007, the Eagle City Council approved a conditional use permit for a building height exception for townhouses/condominiums within The Lofts at Eagle River(CU-05-06). On February 27, 2007, the Eagle City Council approved an annexation, rezone, and preliminary plat application for The Lofts at Eagle River(A-12-06/RZ-14-06/PP-15-06). On April 8, 2008,the Eagle City Council approved a modification to the conditional use permit for a building height exception for townhouses/condominiums within The Lofts Eagle River (CU-05- 06 MOD). On April 14, 2009, the Eagle City Council approved an extension of time application for the preliminary plat for The Lofts at Eagle River(EXT-01-09). Page 1 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drfdoc On June 16, 2010, the Ada County Board of County Commissioners approved a temporary permit for a summer concert series (eleven (11) concerts) to occur on the property for Shannon Cook to be valid until October 31, 2010(201000242-TP-A). On September 14, 2010, the Eagle City Council approved an extension of time application for the preliminary plat for The Lofts at Eagle River(EXT-03-10). On June 28, 2011, the Eagle City Council approved a conditional use permit for a commercial entertainment facility(outdoor) and live entertainment event(CU-02-11). On June 21, 2011, the Eagle City Council approved a design review application for a temporary commercial entertainment facility(outdoor) (DR-12-11). On October 25, 2011, the Eagle City Council approved an extension of time application for the preliminary plat for The Lofts at Eagle River(EXT-05-11). On November 5, 2012,Eagle City Staff approved a lot line adjustment for this site(LLA-04-12). E. COMPANION APPLICATIONS: None Page 2 of 16 K:\Planning Dcpl\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drf.doe 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 a Existing Dwelling Unit development agreement) utilized during outdoor concert series Proposed No change No change Six Apartment Buildings North of site Mixed Use MU-DA(Mixed Use with a Office buildings development agreement) South of site Residential Two R-2 (Residential up to two(2) Residential subdivision units per acre) (Nestled Island Subdivision) East of site Mixed Use MU-DA (Mixed Use with a Residential subdivision development agreement) (Lonesome Dove Subdivision) West of site Mixed Use MU-DA(Mixed Use with a Merrill Park and a vacant development agreement) lot G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site contains an existing residential dwelling and an existing barn located on the northwestern portion of the property. There is a landscaped berm and ten foot (10') wide pathway located adjacent to Riverside Drive which was constructed as part of the Eagle River Development. The area of the site north of the Ballantyne Ditch and east of the existing dwelling contains fill (imported from off-site) that was placed on the site as part of an approved Ada County floodplain development permit. There is landscaping and mature trees located around the existing dwelling and the southern portion of the site. The area south of the Ballantyne Canal consists of dense natural vegetation and remains undisturbed. Page 3 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 5.38-acres (234,353-square feet) 0.11-acres (5,000-square feet) (minimum) Percentage of Site Devoted to 18% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 58% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 166-parking spaces 170-parking spaces total 93-covered parking spaces (minimum) 80-covered parking spaces 20-guest parking spaces Front Setback 20-feet(north)* 15-feet(minimum)** Rear Setback 52-feet(south)* 20-feet(minimum) Side Setback 24-feet(west)* 20-feet(minimum)** Side Setback 20-feet(east)* 20-feet(minimum)** *Note: Setbacks measured from the property line to the closest building. **Note: Setbacks required pursuant to the Development Agreement. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Six apartment buildings and one clubhouse. Height and Number of Stories of Proposed Buildings: 33-feet high; two stories. Gross Floor Area of Proposed Buildings: Apartment Buildings: 8-unit building (2 bldgs) 16-unit building(4 bldgs) 1"Floor 4,170-square feet 8,300-square feet 2nd Floor 4,240-square feet 8,372-square feet Total 8,410-square feet/each bldg 16,672-square feet/each bldg. Club house: 1St Floor 3,108-square feet 2nd Floor 1,534-square feet 4,642-square feet On and Off-Site Circulation: A 53,671-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25-foot wide driveway is proposed to be located on the north side of this site approximately 85-feet west of the east property line providing access to east Riverside Drive. Page 4 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drl.doc K. BUILDING DESIGN FEATURES: Roof: Asphalt Shingles (grey) Walls: Horizontal Lap Siding, Vertical Board and Batten Siding, Stucco, stone veneer (rust, brown, yellow) Windows/Doors: Vinyl windows (almond) Fascia/Trim: Hardboard fascia L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees Tree Replacement Calculations: N/A Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board Street Trees: The street trees along East Riverside Drive were installed by the developer of Eagle River. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Landscaping is proposed around the perimeter of the site with the exception of the area between the east property line and the parking spaces and the area between the west property line and the parking space. b. Interior Landscaping: 10% interior landscaping is required,4% is proposed. M. TRASH ENCLOSURES: Five 144-square foot trash enclosure are proposed to be located throughout the site. Four of the enclosures are for trash refuge and one enclosure is for recycling. The application indicates that the enclosure are to be constructed to match the materials used in the construction of the buildings. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The application indicates the ground mounted units are to be fenced and landscaped. The landscape plans do not show the ground mounted mechanical locations and there is no detail of the fencing proposed to screen the units. 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: Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been Page 5 of 16 K:APlanning DeptAEagle Applications\Dr\2013VDR-67-13 Eagle River Apt drf.doc 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—yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River Mature Trees—yes,throughout the site Riparian Vegetation—yes, in proximity to the Boise River Steep Slopes—yes, existing levee Stream/Creek: yes,Ballantyne Ditch Unique Animal Life-unknown Unique Plant Life-unknown Unstable Soils -unknown Wildlife Habitat—yes 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: Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Lands Idaho Transportation Department United Water Company 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 (Western Area Plan adopted 09-14-04) designates this site as: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within the Central Business District(CBD). 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. Page 6 of 16 K:APlanning Dept\Eagle Applications\DrA2013\DR-67-13 Eagle River Apt drtldoc B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7(J)(2)(b) When a parking lot abuts a residential activity, a five foot(5') wide by six foot(6')high landscaped buffer is required. • 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(K)(4)(a) Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten(10) spaces and above. The required amount of landscaping is based on a sliding scale, as follows: Percent Of Total Area Of Total Number A Lot That Must Be An Of Spaces Interior Landscaped Area 10 -20 5 percent 21 - 50 8 percent 51+ 10 percent • Eagle City Code Section 8-2A-7(K)(4)(b) (1) No interior planter shall be less than five feet(5')in any dimension. (2) No parking space shall be more than sixty feet(60')from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (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'). (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(A) Site Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site shall be arranged to reflect the light away from the adjoining property. Page 7 of 16 K:\Planning Dept\Eagle Applications\Dr\2U13\DR-67-13 Eagle River Apt drf.doc 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; (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. • Eagle City Code Section 8-4-4-6: Bicycle Parking: Page 8 of 16 K:APlanning DeptALagle Applications V DrA2013\DR-67-13 Eagle River Apt drf.doc One bicycle parking space within an approved rack shall be required for each thirty(30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10)units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. • Eagle City Code Section 8-4-5 Schedule of Parking Requirements: Apartments or multi- For each unit with 2 or more bedrooms -2 including 1 covered; for family dwellings each 1 bedroom or studio unit- 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement C. DISCUSSION: • The applicant is proposing to construct seven apartment buildings consisting of eighty dwelling units (20-one bedroom units,40-two bedroom units, and 20-three bedroom units). The existing house is to be converted into a club house. The architectural style of the apartment buildings follows the Craftsman style of architecture outlined within the EASD book. The applicant has provide a variety of earthen materials on the façade of the buildings including stone, horizontal lap siding,board and batten style siding, corbels within the gables and at second floor cantilevers. The colors of the buildings are also done in a well mix of earthen paint tones. • There are several code sections that the landscape plan date stamped by the City on January 10, 2014, does not meet. Pursuant to Eagle City Code, a 5-foot wide by 6-foot high landscape buffer is required between parking lots and residential activities. The applicant should be required to provide a revised landscape plan showing a 5-foot wide by 6-foot high landscaped buffer between the parking lots on the east and west property lines of this development. 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. • Pursuant to Eagle City Code,to conceal outdoor storage areas, a 5-foot wide by 6-foot high landscaped buffer is required. The applicant should be required to provide a revised landscape plan showing all landscape areas around the trash enclosures to be a minimum of 5-feet in width. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The application indicates that the trash enclosures are to be constructed to complement the materials and colors used in the construction of the buildings. The applicant should be required to provide detailed plans showing the materials and colors to be used in the construction of the trash enclosures including the gates. The detailed elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, a minimum of 10% interior landscaping is required when fifty plus parking spaces are proposed with a development. The landscape plan date stamped by the City on January 10, 2014, shows approximately 4%. The applicant should be required to provide a revised landscape plan showing a minimum of 10% interior landscape within the parking lot. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning Page 9 of 16 K:APlanning DeptAEagle ApplicationsVDrA2013VDR-67-13 Eagle River Apt drfdoc certificate. • Pursuant to Eagle City Code,no interior planter is to be less than 5-feet in any dimension. There are several location within the parking lot where the planters are less than 5-feet. The applicant should be required to provide a revised landscape plan showing all interior planters to be a minimum of 5-feet in all dimensions. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, no parking space shall be more than 60-feet from an interior landscape area. There are a few location within the parking lot that there are no interior landscape areas. The applicant should be required to provide a revised landscape plan showing no parking spaces more than 60-feet from any interior landscape area. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, a terminal island for a single row of parking is required to be landscaped with a least one tree and shrubs, ground cover, or grass. There are numerous areas where there is a sidewalk instead of landscaping at the end of a single row of parking. Staff defers comment regarding the requirement to have landscaping at the end of a row of parking or if sidewalk is acceptable to the Design Review Board. • The application indicates that landscaping and fencing are to be used to screen the ground mounted mechanical units associated with the units. The landscape plan date stamped by the City on January 10, 2014, does not indicate the location of the ground mounted units, nor is there a fencing detail provided. The applicant should be required to provide a revised landscape plan showing the location of all ground mounted mechanical units and if fencing is to be utilized, a detail showing the height, style, color,etc. of any fencing. The revised landscape plan and/or fencing should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant has provide cut sheets of the proposed building, parking, and carport lighting. All lighting has been shown to be metal halide lighting. Pursuant to Eagle City Code, if metal halide lighting is to be used the Board must find the following: (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 (3)The lighting will not be disturbing to existing or future neighboring uses. Staff defers comment regarding the use of metal halide light fixtures within this development to the Design Review Board. The proposed light fixture to be used to illuminate the carports does not comply with Eagle City Code, which requires the lamp and lens to be screened from view. The applicant should be required to provide a revised cut sheet of the light fixture to be used to illuminate the carports. The lamp and lens should be screened from view per Eagle City Code. The revised carport light fixture should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, one bicycle parking space is required for each thirty(30)required automobile parking spaces. The applicant should be required to provide a revised site plan showing the location of bike racks on this site. Detailed cut sheets of showing the size, style, color,etc. of the bike rack should be submitted to the City. The revised site plan and detailed cut sheets should be reviewed and approved by staff prior to the issuance of zoning certificate. Page 10 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drf.doc • The site plan date stamped by the City on January 10, 2014, shows 166-parking spaces of which 93-parking spaces are proposed to be covered. Pursuant to Eagle City Code,the applicant is required to provide a minimum of 170-parking spaces on this site with 80-parking spaces being covered. The applicant should be required to provide a revised site and landscape plan showing a minimum of 170-parking spaces on this site. The revised site and landscape plans should be reviewed and approved by staff prior to the issuance of 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 January 23, 2014. The Board continued the item to February 13, 2014, and February 27, 2014, 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 5 to 0 (McCullough and Martin absent)to approve DR-67-13 for a design review application to construct six apartment buildings and clubhouse for Eagle River Apartments for Tom Hill, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of RZ-14-06 and RZ-14-06 MOD.•2. • - - . . . . . . - -_ • -- - - -- . .. - of a zoning certificate. 3. Provide a revised landscape plan showing all landscape areas around the trash enclosures to be a minimum of 5-feet in width. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide detailed plans showing the materials and colors to be used in the construction of the trash enclosures including the gates. The detailed elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. certificate. 6. Provide a revised landscape plan showing all interior planters to be a minimum of 5-feet in all dimensions. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. Provide a revised landscape plan showing no parking spaces more than 60-feet from any interior Page 11 of 16 K:APlanning Dept AEagle Applcations'DrA20t3ADR-67-13 Eagle River Apt drf.doc landscape area. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 8. Provide a revised landscape plan showing the location of all ground mounted mechanical units and if fencing is to be utilized, a detail showing the height, style, color, etc. of any fencing. The revised landscape plan and/or fencing shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 9. Provide a revised cut sheet of the light fixture to be used to illuminate the carports. The lamp and lens shall be screened from view per Eagle City Code. The revised carport light fixture shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 10. Provide a revised site plan showing the location of bike racks on this site. Detailed cut sheets of showing the size, style,color, etc. of the bike rack shall be submitted to the City. The revised site plan and detailed cut sheets shall be reviewed and approved by staff prior to the issuance of zoning certificate. 11. Provide a revised site and landscape plan showing a minimum of 170-parking spaces on this site. The revised site and landscape plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 12. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle City Code. 13. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 14. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 15. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 16. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 17. No signs are proposed with this application. A separate design review application is required prior to any signage being constructed on this site. 18. Provide a revised landscape plan showing enhanced detail to the overall landscape design with relation to infilling vacant areas and centering plants as needed. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. 19. Provide revised elevation plans showing the parking structures to use the same roofing material used on the apartment buildings and clubhouse. The revised elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 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 Page 12 of 16 K:APlanning DeptAEagle Applcations\DrA2013VDR-67-13 Eagle River Apt drildoc 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 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. Page 13 of 16 K:\Planning Dept\Eagle Applcations\Dr\2013\DR-67-13 Eagle River Apt drf.doc 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. 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. Page 14 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drf.doc 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 December 5, 2013. 2. Requests for agencies' reviews were transmitted on December 13, 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-67-13) 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 MU-DA (mixed use with development agreement) zoning district. Page 15 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drfdoc DATED this 13th day of March 2014. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, I..ho/ Rs•ert G • .b, Chairman OF E, 0 �.•,�,1��.•'.••••.••<* •' (�1- ATTEST: ; �Q O R q? • Cr ...� • * S E P+1'�,� Sharon K. Bergmann,Eagle City erk , ..'t rc..... O Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 16 of 16 K:\Planning Dept\Eagle Applications\Dr\2013\DR-67-13 Eagle River Apt drf.doc