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Findings - DR - 2014 - DR-53-14 - Common Area Landscaping In Eagle River Lofts BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN EAGLE RIVER ) LOFTS FOR BBH INVESTMETNS II,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-53-14 The above-entitled design review application came before the Eagle Design Review Board for their action on November 13, 2014. 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: BHH Investments II, LLC, represented by Rodney Evans with Breckon Land Design, is requesting design review approval of the common area landscaping within the Eagle River Lofts Subdivision. The 18.5-acre site is located on the south side of East Riverside Drive approximately 1,500-feet west of South Edgewood Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 1, 2014. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 7, 2014, 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 applications for annexation, rezone with a development agreement, preliminary plat, and conditional use permit for a height exception for townhouses/condominiums, and design review for The Lofts at Eagle River Subdivision (A-12- 06/RZ-14-06, PP-15-06, CU-05-06, DR-57-06 and DR-58-06). On December 18, 2007, the Eagle City Council approved an extension of time for the preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2009 (PP-15-06). On March 18, 2008, the Eagle City Council approved a modification of the conditional use permit extending the timeframe to August 13, 2009, to obtain building permits for the townhouses/condominiums to be located at The Lofts at Eagle River Subdivision (CU-05-06 MOD). On April 8, 2008, the Zoning Administrator approved an extension of time of the design review for the common area landscaping, residential townhouses, and residential condominiums for The Lofts at Eagle River Subdivision to be valid until August 13, 2009(DR-57-06). On April 14, 2009, the Eagle City Council approved an extension of time of the preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2010 (EXT-01-09). 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 Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc be valid until October 31, 2010 (201000242-TP-A). On September 14, 2010, the Eagle City Council approved an extension of time for the preliminary plat for The Lofts at Eagle River Subdivision with conditions. The extension of time to be valid until June 18, 2011 (EXT-03-10). On October 6, 2014, the Eagle Planning and Zoning Commission recommended approval of a development agreement modification and preliminary plat approval for Eagle River Lofts Subdivision(RZ-14-06 MOD2 and PP-03-14). E. COMPANION APPLICATIONS:None 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 Vacant parcel development agreement) Proposed No change No Change(Modification of Single-family residential the existing development subdivision agreement) North of site Mixed Use MU-DA (Mixed Use with a Office buildings (Mixed development agreement) Use Subdivision No. 4) South of site Residential Two R-2 (Residential up to two(2) Boise River and residential units per acre) subdivision(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 Vacant parcel(future Eagle development agreement) River Apartments) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: I. SITE DESIGN INFORMATION: Total Acreage of Site— 18.58-acres (9.54-acres outside of floodway) Total Number of Lots—82 Residential—76 Commercial—0 Industrial—0 Common—6(inclusive of private street) Total Number of Units—76 Single-family—76 Duplex—0 Multi-family—0 Page 2 of 14 K:\'Ianning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 7.97-dwelling units per acre* Less than 20-dwelling units per acre Minimum Lot Size 3,038-square feet 5,000-square feet Minimum Lot Width 49-feet 50-feet Minimum Street Frontage 0-feet 35-feet Total Acreage of Common Area 9.79-acres** 3.71-acres Percent of Site as Common Area 55.27%** 20% Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. *Based on area located outside of the floodway area. **Based on area inclusive of floodway area and minus private street common lot. J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The site is currently screened from East Riverside Drive by a landscaped berm which was constructed as part of the Eagle River Development. There is a 10-foot wide pathway located between the landscape berm and East Riverside Drive. The preliminary engineering plan, date stamped by the City on September 19, 2014, shows a 12-foot wide asphalt pathway(located within the Ballantyne Irrigation Ditch easement) providing connectivity to the existing greenbelt pathway located in Lonesome Dove Subdivision. Open Space: A total of 11.61-acres (inclusive of 1.34-acres of private street area measured from back of curb to back of curb) of open space is proposed within the residential subdivision. The common lots minus the private street lot is 9.79-acres in size and consists of five (5) common lots. Two (2) common lots (Lot 38 and 82) contain the floodway area. Lot 38 is shown to contain two (2) pathways providing connectivity to the greenbelt area. The three remaining common lots(Lots 57, 66, and 75)provide a small open area between residential lots and the private street. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development (PUD). The property has a MU-DA (Mixed Use with a development Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc agreement) zoning designation and the applicant is requesting a development agreement modification to utilize the existing development agreement in lieu of a PUD pursuant to Eagle City Code. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System(yes or no)—no Preservation of Existing Natural Features: The existing natural features on the site are located within the floodway area and will be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. STREET DESIGN: Private or Public Streets: The applicant is proposing to construct private streets within the development. The private street section shows a 50-foot wide road section inclusive of a 29-foot wide roadway section (as measured from back of curb to back of curb) with an eight-foot (8') wide planter strip located on each side of the roadway. The private street section also shows five-foot (5') wide detached sidewalks located on each side of the street. The sidewalks are located within the individual lots. The sidewalks are separated from the street by an eight-foot(8')wide planter strips. Applicant's Justification for Private Streets(if proposed): In the applicant's narrative, date stamped by the City on September 19, 2014, the applicant indicated they are proposing private streets due to ACHD maintenance vehicle turnaround requirements. The applicant also indicated that the proposed high density layout would be significantly impacted. Blocks Less Than 500': None Cul-de-sac Design: No cul-de-sacs are proposed. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior private streets. Curbs and Gutters: Rolled curb and gutter are proposed for the interior streets. Lighting: Lighting for the proposed private streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Naming Committee has not been received to date. Approval from that committee is required prior to final plat approval. L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located on the north and south side of the asphalt pathway located adjacent to East Riverside Drive. The applicant is proposing to retain and protect all these trees, with the exception of the trees located Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf.doc where the future access to this site is to be located. Tree Replacement Calculations: N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing street trees throughout the development pursuant to Eagle City Code. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A M. TRASH ENCLOSURES:N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: A site and parking lot light plan showing location,height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED:None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — yes — floodway area located adjacent to the Boise River. Evidence of Erosion—no Fish Habitat—no Floodplain—yes—floodway area to be preserved in its natural state Mature Trees—yes—located within the floodway area Riparian Vegetation—yes—located adjacent to the Boise River Steep Slopes—no Stream/Creek—yes—Boise River located adjacent to the southern boundary Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—yes—within the natural area located adjacent to the Boise River Page 5of14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc 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 Eagle Fire Department Tesoro Logistics NW Pipeline 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: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation show shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.10 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum twelve foot(12')wide asphalt public pathway along the portion of the Property adjacent to the Ballantyne Irrigation Canal. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Committee prior to submittal of a design review application. The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. 3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of a Design review application. The plans shall show how the lights will facilitate the"Dark Sky"concept of lighting. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The applicant shall submit a Design Review application with a landscape plan showing the required improvements (berming, landscaping, and sidewalk) within the common lots for review and approval by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-7) • The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. (ECC 8-2A-7) • All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\20l4\DR-53.14 Eagle River Lofts LS drf doc D. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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(C)Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site(or from abutting right of way)replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more lx caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood,willow,tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch(8")caliper tree is removed, an acceptable replacement would be three(3)4-inch caliper trees or four(4) 3-inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(J)(4)(a) a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf.doc A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: four(4) shade trees, five (5)evergreen trees, and twenty four(24) shrubs. Each required shade tree may be substituted with two(2) flowering/ornamental trees, provided that not more than fifty percent(50%) of the shade trees are substituted. A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3')horizontal distance to one foot(1')vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot(4')wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. E. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-10 Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. F. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping within the Eagle River Lofts Subdivision, an 18.6-acre development with 82-lot (76-buildable, 5-common, and 1-private street) single-family residential subdivision. A 12-foot wide asphalt pathway is proposed within the common lot proposed south of the buildable lots. The pathway will connect the existing pathway within Lonesome Dove (located to the east of this development) to the pathway proposed within the development to the west(80-unit apartment complex). The applicant is showing 8-foot wide planter strips, separated sidewalks, and street trees pursuant to Eagle City Code throughout the development. • The applicant is proposing a 6-foot high concrete masonry screen wall on the north, east, and west perimeters of the development. This same wall is proposed within the development between residential lots and common area lots. Pursuant to Eagle City Code, any fencing located adjacent to common area open spaces are to be open style fencing. The applicant should be required to provide a revised landscape plan showing open style fencing is proposed adjacent to all common lots within this development. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. • The landscape plan, date stamped by the City on October 1, 2014, does not show a landscape buffer on this site between the north property line and East Riverside Drive. A 6-foot high concrete masonry fence is proposed on the north property line. There is 30-feet to 34-feet of landscape area between the curb adjacent to East Riverside Drive and the north property line of this development. Pursuant to Eagle City Code, a minimum 35-foot wide buffer (not including right of way) is required to be planted with plant material per one hundred linear feet. On October 6, 2014, the Eagle Planning and Zoning Commission approved the preliminary plat for the Eagle Page 9 of 14 K\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drfdoc River Lofts Subdivision without at 35-foot wide common lot between the development and the right of way of East Riverside Drive. Staff defers comment regarding the required buffer area between the development and East Riverside Drive to the Design Review Board. • Staff defers comment regarding the landscape design 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 13, 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 (Grubb and Hash absent)to approve DR-53-14 for a design review application to construct the common area landscaping within Eagle River Lofts Subdivision for BHH Investments II, LLC,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of RZ-14-06 MOD2 and PP-03-14. 2. Provide a revised landscape plan showing open style fencing is proposed adjacent to all common lots within this development. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 3. Provide detailed cut sheets of the street and bollard lights proposed within this development. The cut sheets shall show style, height, wattage, luminaries, etc. The cut sheets shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. No signs are proposed with this application. A separate design review application is required prior to the construction of any signs on this site. 8. The landscape plan, date stamped by the City of Eagle on October 1, 2014, showing a 30-foot to 34- foot wide buffer adjacent to East Riverside Drive is approved. No additional buffer is required. Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc 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. 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. Page 11 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc 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. 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 Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-53-14 Eagle River Lofts LS drf doc 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 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 1, 2014. 2. Requests for agencies' reviews were transmitted on October 7, 2014, in accordance with the requirements of the Eagle City Code. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\20l4\DR-53-14 Eagle River Lofts LS drf doc 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-53-14) 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. DATED this 11t1 day of December 2014. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho '','000sauu,,,,,�•, Robert Grubb, Chairman F V AGL,F • •, � t0 .ATF i•,, lee a ATTEST: U O • Lo dr ih.‘• tiO) A f_ s St , fir,,• Sharon . Bergmann, Eagle City Cler ,,,,,,,,,,,,, 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\2014\DR-53-14 Eagle River Lofts LS drf.doc