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Findings - CC - 2020 - DR-94-19 - Stadium View Center ResidentialBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR ONE TOWNHOME ) BUILDING (3-UNITS) AND TWO SINGLE- ) FAMILY DWELLINGS WITHIN STADIUM VIEW ) CENTER FOR JERRON AND MARGIE PORCHIA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-94-19 The above -entitled design review application came before the Eagle City Council for their action on August 11, 2020. The Eagle City Council 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: Jerron and Margie Porchia are requesting design review approval for one townhome building (3-units) and two single-family dwellings within Stadium View Center. The 2.56-acre site is located on the west side of North Horseshoe Bend Road approximately 1,030-feet north of East Hill Road at 10201 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 9, 2019. Revised plans were received by the City on June 12, 2020 (site plan, building elevations, floor plans). C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 15, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 22, 2019, the City Council approved a rezone from R-1 (Residential) to C-1-DA (Neighborhood Business District with a development agreement [in lieu of a conditional use permit]) to allow for retail, restaurant, and residential uses (3-townhomes, 2 single-family dwellings, and 4- residential condominiums [located within the commercial building]) (RZ-07-19). E. COMPANION APPLICATIONS: DR-68-19 (Stadium View Center landscaping and three-story building), DR-93-19 (Stadium View Center one-story building), DR-70-19 (Stadium View Center MSP), DR-71-19 (three-story building MSP), and DR-72-19 (one-story building MSP). F. LAND USE DESIGNATION: Multi -family dwelling and single-family dwelling permitted pursuant to Eagle City Code Section 8-2-3 and a rezone with development agreement [in lieu of a conditional use permit]. Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Residential ccf docx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Commercial Proposed No change North of site South of site East of site ZONING DESIGNATION R-1 (Residential) C-1-DA (Neighborhood Business District with a development agreement) Commercial C-3 (Highway Business District) Professional BP (Business Park) Office/Business Park Neighborhood Residential/Public/Semi- Public West of site Professional Office/ Business Park R2 (Residential — Ada County designation) and RP (Rural Preservation — Ada County designation) LAND USE Single-family dwelling Multi -family and single- family dwelling Single-family dwelling and a contractor's yard Vacant property Single-family residential subdivision (Bonita Hills Subdivision) and a cemetery BP (Business Park) Vacant property H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. I. URBAN RENEWAL DISTRICT: No. J. EXISTING SITE CHARACTERISTICS: There is an existing house, garage, and four accessory buildings on the site that will be removed. There are mature trees throughout the site that the applicant is proposing to remove. K. SITE DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted to Landscaping development) Number of Parking Spaces 10-covered parking spaces *Note: Total required parking for residential only. **Note: Landscaping reviewed with design review application DR-68-19. PROPOSED REQUIRED 2.56-acres (111,513-square feet) 2,000-square feet 4% (approximately) 50% (maximum) 33% (approximately) (entire 10% (minimum) 10-parking spaces (minimum)* (including 5-covered parking spaces) 1 Page 2 of 14 K \Planning Dept\Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Residential ccf door Townhome Building (3-units) Front Setback (North) 160-feet 15-feet (minimum) Rear Setback (South) 4-feet 0-feet (minimum) Side Setback (East) 161-feet (10-feet from SF No. 1) 0-feet (minimum) Side Setback (West) 85-feet 0-feet (minimum) Single Family Dwelling No. 1 (east of townhome building) Front Setback (North) 72-feet 15-feet (minimum) Rear Setback (South) 5-feet 0-feet (minimum) Side Setback (East) 92-feet (10-feet from SF No. 2) 0-feet (minimum) Side Setback (West) 170-feet (10-feet from townhome 0-feet (minimum) building) Single Family Dwelling No. 2 (easternmost) Front Setback (North) 27-feet 15-feet (minimum) Rear Setback (South) 5-feet 0-feet (minimum) Side Setback (East) 27-feet 0-feet (minimum) Street Side Setback (West) 230-feet (10-feet from SF No. 1) 10-feet (minimum) L. PARKING ANALYSIS: Number of Units: 3 (townhomes — all 2-bedroom units), 2 (single-family) • Eagle City Code Section 8-4-5 requires the following parking: Apartments or multi -family dwellings: For each unit with 2 or more bedrooms - 2 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Single-family dwellings: 2 including 1 covered Total parking spaces required for 5-units x 2-parking spaces = 10-parking spaces required Total covered parking spaces required for 5-units x 1-parking space = 5-covered parking spaces required Total guest parking spaces required for 3-units x 0.25-parking spaces = 0.75-parking spaces Proposed Onsite Parking Spaces: 10-covered parking spaces, guests may utilize the parking lot located north of the units. Required Parking Spaces: 66 (58-parking spaces [29-parking spaces area required to be covered], 8- guest parking spaces required) (calculated based upon the above use identified in Eagle City Code Section 8-4-5 "Apartments or multi -family dwellings") M. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one building to be utilized as a townhome and two single family Page 3 of 14 K•\Planning Dept'Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Residential cc£docx dwellings. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 22-foot tall two-story townhome, one 22-foot tall two- story single-family dwelling and one 23-foot tall two-story dwelling. Gross Floor Area of Proposed Buildings: The proposed townhome building is approximately 3,767-square feet. The proposed single-family dwellings are approximately 2,295-square feet and 1,761-square feet. On and Off -Site Circulation: A 24-foot wide driveway is located near the southeast corner of the site (east of the residential units) and provides access to North Horseshoe Bend Road. N. BUILDING DESIGN FEATURES: Townhome building: Roof: TPO (Gray) Walls: Stucco (Tiny Brook Blue, Frosted Briarwood Green), Horizontal Fiber Cement Lap Siding (Frosted Briarwood Green, Warm Espresso, Aria), Cultured Stone Veneer (Beach Pebble, Nickel), Windows/Doors: Aluminum (anodized black), Steel Awning (Gray), Guardrail (Brushed Steel), Fascia/Trim: Stucco (Grey) Single-family Dwelling #1: Roof: TPO (Gray) Walls: Stucco (Northern Green Woods), Fiber Cement Lap Siding (Aria), Cultured Stone Veneer (Beach Pebble), Windows/Doors: Aluminum (anodized black), Steel Awning (Gray), Guardrail (brushed steel) Fascia/Trim: Stucco (Black Magic) Single-family Dwelling #2: Roof: TPO (Gray) Walls: Stucco (Northern Green Woods, Aria), Fiber Cement Lap Siding (Warm Espresso), Cultured Stone Veneer (Beach Pebble), Windows/Doors: Aluminum (anodized black), Steel Awning (Gray), Guardrail (brushed steel) Fascia/Trim: Stucco (Aria) O. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: Existing tree removal and mitigation reviewed with design review application DR-68-19 which encompassed the entire 2.56-acre site. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along North Horseshoe Bend Road and reviewed with design review application DR-68-19. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: Perimeter and interior parking lot landscaping reviewed with design review application DR-68-19 which encompassed the entire 2.56-acre site. P. TRASH ENCLOSURES: Two trash enclosures (156-square feet and 147-square feet) were reviewed with design review application DR-68-19 which encompassed the entire 2.56-acre site. Page 4 of 14 K•U'lanning Dept\Eagle Applications \Dr\2019\DR-94-19 Stadium View Center Residential ccf docx Q. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened by a metal screen wall. No rooftop mechanical units are proposed, and none are approved. R. OUTDOOR LIGHTING: A light plan showing location of all wall lighting was provided. Cutsheets of the wall lighting showing the style, color, illumination type, wattage etc. were received and comply with Eagle City Code Section 8-4-4-2. S. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-70-19) has been submitted for the approval of signs proposed on the site. T. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. U. PUBLIC USES PROPOSED: None. V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. W. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes — throughout the site. Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. Y. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached. Ada County Highway District Eagle Fire Department Idaho Transportation Department Z. LETTERS FROM THE PUBLIC: None received to date. Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Remdental ccf docx THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 November 14, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.4 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-1 (Neighborhood Business District) zoning designation. 3.5 The three (3) residential townhomes, two (2) single-family dwellings, and four (4) residential condominiums (located within the commercial building) use shall be a permitted use on the property. 3.6 The combination of retail/office space shall not exceed 17,279-square feet. The restaurant space shall not exceed 11,471-square feet. 3.7 The residential dwellings shall be constructed utilizing "Italianate" style architecture as shown on Exhibit D. The commercial buildings shall be constructed utilizing "Italianate" style architecture as shown on Exhibit E. The residential dwellings and commercial buildings 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 City Council approvals of the detailed architectural plans for the development are required prior to the issuance of building permits for the residential and commercial buildings. 3.8 The required parking on site shall be in conformance with Eagle City Code Section 8-4-5 and/or Eagle City Code Section 8-4-4-3(A)(6), prior to issuance of a building permit. 3.9 Owner shall construct a 35-foot wide landscape buffer in accordance with Eagle City Code Section 8-2A-7(J)(4)(a) along North Horseshoe Bend Road between the proposed south entrance and the south property line (as shown on the Concept Plan). The landscape buffer area shall be constructed prior to issuance of building permits for the residential dwellings Page 6 of 14 K;\Planning Dept\Eagle Applications \Dr\2019\DR-94-19 Stadium View Center Residential ccf docx 3.10 Owner shall provide plans showing outdoor lighting details for review and approval by the Design Review Board and City Council prior to issuance of a zoning certificate. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Consideration: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the Design Review Board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; b. The impact and effect of the site development plan on traffic conditions on contiguous streets and adjoining properties or neighborhoods; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and vehicle service facilities; f. The access, parking lot, and interior roadway illumination plans and hours of operation; The required driver, pedestrian and bicycle sight distance requirements of the project and their relationship to adjacent streets, driveways and properties; h. The coordination of the site development with planned right of way alignments, acquisitions and street improvements; g. Page7of14 K \Planning Dept\Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Residential ccf docx i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion and conflicts; j. The continued maintenance of traffic, parking and lighting systems; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. 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. D. DISCUSSION: • The applicant is requesting design review approval for one townhome building (3-units) and two single family dwellings. The residential buildings are located within the Stadium View Center development that also includes two commercial buildings. The applicant's justification letter states that the residential units have been designed to meet the Italianate architectural style identified within the Eagle Architecture and Site Design book. The letter states the residential homes are less symmetrical but maintain the rectangular massing and other architectural elements common in the Italianate architecture. The materials include a combination of stone, horizontal fiber cement board siding, and stucco. Staff defers comment regarding the design, materials, and colors of the buildings to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff defers comment regarding the application to the Design Review Board and City Council. If the Design Review Board and City Council approves this application, staff recommends 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 25, 2020. The application was continued to July 9, 2020, at which time the Board made their decision. Page 8 of 14 K.\Planning Dept\Eagle Appltcauons\Dr\2019\DR-94-19 Stadium View Center Residential ccf.docx B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 3:00:59) On June 25, 2020, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board requested the applicant verify the fire separation and ingress/egress with the building department. • The Board requested the building design and colors be modified to be more harmonious with the commercial buildings. BOARD DELIBERATION: (Granicus time 1:40:01) On July 9, 2020, upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board is in favor of the revised building elevations for the townhome building and single-family dwellings. • The Board is concerned that the middle townhome unit does not have two points of egress (only a door entrance and no window well). The applicant verified that only one point of egress is required per the building code. The Board did not add a condition since the applicant is required to comply with building codes, however, they strongly recommend the applicant consider adding a window well to the middle unit. BOARD DECISION: The Board voted 6 to 0 (Grubb absent) to recommend approval of DR-94-19 for a design review application for one townhome building (3-units) and two single family dwellings within Stadium View Center for Jerron and Margie Porchia, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated July 23, 2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on August 11, 2020, at which time the Council made their decision. B. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-39-17 for a design review application for a design review application for one townhome building (3-units) and two single family dwellings within Stadium View Center for Jerron and Margie Porchia, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-07-19. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. Page 9 of 14 K:\Planning Dept\Eagle Applications \Dr\2019\DR-94-I9 Stadium View Center Residential ccf.docx 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 6. No rooftop mounted mechanical units are proposed with this application and none are approved. 7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 8. No signs are proposed with this application and none are approved. 9. If the Esplanade green color changes on the three story building, the applicant shall provide revised building elevations for the townhome building and single-family dwellings showing the green color to match the three story building. The revised building elevations 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 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 and 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 Page 10 of 14 K;\Planning Dept\Eagle Applications \Dr\2019\DR-94-19 Stadium View Center Residential ccf docx 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. 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 issuance of any 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 Page 11 of 14 K:\Planning Dept\Eagle Applications \Dr\2019\DR-94-19 Stadium View Center Residential ccf docx 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 be 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. 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 Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Residential ccf docx time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-94-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a townhome building and two single-family dwelling units are permitted within the development agreement for the site and the approval of a design review application within the C-1-DA (Neighborhood Business District with a development agreement) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed townhome building and two single-family dwellings are designed with materials and colors consistent with the Italianate architectural style identified within the Eagle Architecture and Site Design book; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; since the site has parking on -site to meet the required parking for a townhome building and two single-family dwellings; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed townhome building and two single-family dwellings have been designed with quality materials that are consistent with the Italianate architectural style; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed townhome building and two single-family dwellings comply with the Italianate architectural style identified within the Eagle Architecture and Site Design book and has been designed to complement the buildings in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed townhome building and two single-family dwellings are in conformance with the required setbacks and building height; Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-94-19 Stadium View Center Residential ccf docx G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with adequate parking for the uses proposed on the site and walkways for both walkability within the site and access to Horseshoe Bend Road; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial and residential center in the area since there is sidewalk proposed along Horseshoe Bend Road; and I. No signs are proposed with this application. A separate design review application (DR-70-19) has been submitted for the monument signs and all signs will be required to be harmonious with the architectural design of the buildings and will not cover nor detract from desirable architectural features. DATED this 1day of August 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho :Jason'Pierce, Mayor A ST: haron mann, Eagle City der ssssissssssssss e 1• :G i SEAL if # .si1rs V. �1 rrrr1�'�t• Ari7 �� Ng)/ a4� 'r..7�rOF IV `.,►,, Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 14 of 14 K:\Planning Dept\Eagle Applications \Dr\2019\DR-94-19 Stadium View Center Residential ccf docx