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Findings - DR - 2015 - DR-67-14 - Common Area Landscaping In Gateway Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE ) COMMON AREA LANDSCAPING ) WITHIN GATEWAY SUBDIVISION ) FOR NORTHSIDE MANAGEMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-67-14 The above-entitled design review application came before the Eagle Design Review Board for their action on February 12, 2015. 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: Northside Management, represented by Scott Noriyuki, is requesting design review approval to construct the common area landscaping within Gateway Subdivision. The 28.1-acre site is generally located at the southwest corner of East Sadie Drive and North Echohawk Way. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 20, 2014, supplemental information was provided on January 13, 2015, and January 23, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 25, 2014, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 28, 2014, the Eagle City Council approved a Comprehensive Plan Text Amendment to establish language for the Guerber Park Planning Area and a Comprehensive Map Amendment changing the land use designation on the Comprehensive Plan Land Use Map from Residential Three (up to three (3) units per acre) to Mixed Use for the property. This action also approved a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for Older Persons to amend the minimum project size and the allowance of private roads and a rezone from R-3 (Residential Three—up to 3 units per acre)to MU-DA (Mixed Use with a Development Agreement). On November 10, 2014, the Eagle City Council approved a development agreement modification, development agreement in lieu of a PUD, and preliminary plat for Gateway Subdivision (RZ-07- 13 MOD and PP-04-14). E. COMPANION APPLICATIONS: None Page 1 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with Vacant Development Agreement) Proposed No Change No Change Single Family Residential North of site Residential R-3 (Residential up to three Ringo Ridge Subdivision units per acre) South of site Mixed Use R-3 (Residential up to three Vacant units per acre) East of site Business BP(Business Park) State Highway 55/Vacant West of site Public/Semi-Public PS (Public/Semi-Public) Stephen C. Guerber Park 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—24 Total Number of Lots- Residential -95 Commercial- 0 Industrial- 0 Common- 6 Total Number of Units - Single-family-95 Duplex- 0 Multi-family- 0 Total Acreage of Any Out-Parcels—0 Page 2 of 15 K:U'lanning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 3.96 4.87 (approved pursuant to the previously approved development agreement) Minimum Lot Size 5,000 square 5,000 square feet(minimum lot size in the MU feet zone approved within the development agreement previously approved for Housing for Older Persons for this site) Minimum Lot Width 50-feet 50-feet Minimum Street Frontage 50-feet 35-feet Total Acreage of Common 7.97-acres 5.622-acres(minimum) Area Percent of Site as Common 33% 20% (minimum)Except that, according to ECC Area 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. J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent incompatible features such as highways, railroads, commercial or industrial uses from proposed residential properties. Open Space: A total of 7.97-acres (33% of the total residential area of the subdivision) is proposed within the residential area of the subdivision. The total acreage is inclusive of Lot 1, Block 6 of Ringo Ridge Estates Subdivision No. 6. This 3.009-acre lot is being re-platted with this proposed subdivision. The open space consists of slopes, buffer adjacent to Echohawk and Sadie Drive. A minimum of 20% is required 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. 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. 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 Page 3 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf doc Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to 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 preliminary plat, date stamped by the City on July 28, 2014, contains a typical street section that does not clearly define the road width. The detail calls out that the roadway width is 34-feet wide, back of curb to back of curb. However, another detail calls out the lane widths to be 18-feet from centerline to back of curb, which would result in a 36-foot street section. The typical street section shows the roadway located within 50-feet of right-of-way. Applicant's Justification for Private Streets (if proposed):None proposed Blocks Less Than 500': None Cul-de-sac Design: The preliminary plat, date stamped by the City on July 28, 2014, shows one (1) knuckle located within the proposed development at the intersection of N. Mansfield Street and E. Dunno Street. No island is proposed. Sidewalks: An attached five-foot (5') wide concrete sidewalk is proposed located on both sides of all interior public roadways. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public 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 Names 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 adjacent to State Highway 55. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board Street Trees: Street trees are proposed throughout the development. Page 4 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS dr£doc 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:N/A 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 from the Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED:None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion -no Fish Habitat-no Floodplain - no Mature Trees -no Riparian Vegetation - no Steep Slopes-no Stream/Creek-no Unique Animal Life -no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat—no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Eagle Fire Department Idaho Transportation Department Page 5 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS dtf doc Settlers Irrigation District 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. 6.8.14 Guerber Park Planning Area The Guerber Park Planning Area is designated as mixed use node combining, limited service commercial, limited retail, professional office, and a mixture of residential densities including single family, multi-family, and housing for older persons. The vision for the area is to recognize the activity center created by Guerber Park, transportation as it relates to the Highway 55 corridor and existing development, and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. The area is defined as the property on the west side of Hwy 55 and the north side of Hill Road, and includes the area north to the Arbor Ridge Subdivision, east to Hwy 55 and includes Guerber Park to the west. A. Uses The land use and development policies specific to the Guerber Park Planning Area include the following: 1. Parcel specific, limited service commercial, limited retail, professional office and medium to high density residential shall be allowed adjacent to Hill Road with the residential densities transitioning to no more than four units per acre towards the north and the existing large lot residential and the park to the west. 2. This area is encouraged to include active living opportunities for retirement age citizens (Housing for Older Persons). 3. Single use/strip commercial shall not be permitted in this area. Design shall focus inward and be integrated into the planning area with consistent architecture and site design. 4. Transitional residential densities and design elements (plantings, fences, etc.) should be used to provide buffering from the mixed use areas to the existing large lot residential uses within the planning area. B. Access 1. Primary vehicular access should be taken from Echohawk Drive and Sadie Drive with limited secondary access to Hill Road. Page 6 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drfdoc 2. To the greatest extent possible, the planning area should be designed with internal circulation for pedestrians and bikes between residential, non-residential and park uses. 3. Private roads may be allowed in connection with housing for older persons and planned unit developments but private roads should be designed to limit access to public facilities and roadway networks unless deemed necessary for emergency services. C. Design 1. Development in the Guerber Park Planning Area shall be required to submit as a planned unit development and/or through a development agreement. 2. Architecture and signage for non-residential and multi-family uses should be designed to be compatible and compliment the other uses in the planning area. 3. Hill Road should be recognized as a gateway corridor for the City of Eagle and should have proper berming, landscaping, monumentation, and setbacks. 4. Pathways and trails within the planning area should be located so to limit impacts to the hillsides and areas of high erosion. 5. All grading and hillside disturbance shall be engineered to ensure stability and to limit the impacts of erosion. 6. There shall be an adequate buffer between the eastern boundary of Guerber Park and development areas to the east. The intent is to ensure that park users do not feel as though they are encroaching on private property and also to shield residents to the east from the frequent intense activities of the park. B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.5 Internal pedestrian pathways shall be constructed of asphalt or concrete, and shall be a minimum of 6-feet in width. 3.14 The owner/developer is encouraged to develop the pathway system providing reasonable access to Guerber Park. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Provide a revised preliminary plat showing a detached 5-foot wide sidewalk with an 8-foot with planter strip for all roadways within the proposed subdivision prior to submittal of a final plat application. • If the City Council requires a landscape buffer area along the west property line (adjacent to Guerber Park), the applicant shall be required to provide a revised preliminary plat prior to the submittal of the final plat application. • The lots immediately adjacent to Guerber Park shall be required to have open style fencing such as wrought iron or extruded aluminum. • Provide a revised preliminary plat showing an 8-foot wide pathway located on Lot 14, Block 1, within a 16-foot wide easement with root barrier placed on both sides of the pathway, prior to the submittal of a final plat application. • Provide a minimum of 15% of the open space as active open space. The applicant shall be required to submit a revised landscape plan with the design review application. Page 7 of 15 K\Planning Dept\Eagle Applications\Dr\20l4\DR-67-14 Gateway LS drf doe • Provide a revised landscape plan showing landscaping on Lot 1, Block 1, consistent with what is being proposed on the other common lots within the subdivision and in accordance with Eagle City Code 8-2A. The revised landscape plan shall be submitted with the design review application. • Provide a revised landscape plan showing a minimum of one (1) deciduous tree located near the rear property line of each residential lot located adjacent to Guerber Park. Additionally,the revised landscape plan shall include a minimum of one (1) conifer tree located on the property owned by the City of Eagle (known as Guerber Park) within the 10-foot wide landscape area at the top of the slope and adjacent to the rear property line of each residential lot of the proposed Gateway Subdivision that borders Guerber Park. The conifer trees shall be staggered between the deciduous trees to provide additional screening from Guerber Park. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of the final plat application. • The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. • 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 issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and irrigation improvements shall be provided to the City. • The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat application. D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 Page 8 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drfdoc 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)(c) Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of seventy five feet(75')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: six(6) shade trees,ten (10)evergreen trees, four(4) flowering/ornamental 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 ten foot(10')high, maximum twelve foot(12')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. DISCUSSION: • The applicant is requesting design review approval of the common area landscaping within Gateway Subdivision, a 28.1-acre development with 101-lots(95-buildable and 6-common). The common lot shown on the east side of North Echohawk Way, was previously platted with Ringo Ridge Subdivision No. 2. On June 28, 2005, the Eagle City Council approved a design review for the common area landscaping within Ringo Ridge Subdivision No. 2. The developer of Ringo Ridge Subdivision No. 2 installed the berm, fencing, and landscaping along State Highway 55. The developer did not install the landscaping in compliance with the approved landscape plan and over time the landscaping along the berm has not been maintained, has become overgrown, and plant material has died. The fence panels have settled and gaps are located between the panels. The applicant of Gateway Subdivision indicates they have found the same fencing that is currently located along State Highway 55 and they plan on utilizing as much of the existing fence, fixing the fence where needed, and installing new fence panels where needed. The existing landscaping within the landscape buffer along State Highway 55 that is alive and in good condition will be Page 9 of 15 K.'Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf.doc retain but the dead plant material will be removed. In order to meet the height requirement of the combined berm and fence, the applicant is proposing to bring in fill where needed. With that said, because of the existing trees that are to be retained, there may be areas were the height of the berm is lower in order to not place fill around the base of the existing trees. The applicant has indicated that the height of the berm will be reduced to accommodate existing trees and the height of the fence will increase so as to meet the minimum height requirements within Eagle City Code. • The landscape plan date stamped by the City on January 23, 2015, shows seventy three (73) deciduous trees, one hundred thirty eight(138)evergreen trees, and twenty(20) flowering trees within the seventy five(75)foot wide landscape buffer along State Highway 55. Pursuant to Eagle City Code, a total of seventy eight(78)deciduous trees, one hundred thirty(130)evergreen trees, and fifty two(52) flowering trees are required along the entire frontage of this development(1,300- LF). The applicant should be required to provide a revised landscape plan showing a total of seventy eight(78)deciduous trees, one hundred thirty(130) evergreen trees, and fifty two (52) flowering trees along the frontage of this development adjacent to State Highway 55 (approximately 1,300-LF). 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. • Pursuant to the approval of the preliminary plat and development agreement for this development, the pedestrian pathways located within the common lots are required to be a minimum of 6-feet in width with the exception of the pathway that connects to Guerber Park which is required and shown to be 8-feet in width. The landscape plans, date stamped by the City on January 23, 2015, show the pedestrian pathways to be 5-feet wide. The applicant should be required to provide revised landscape plans showing all pedestrian pathways within the common lots to be a minimum of 6-feet in width(with the exception of the 8-foot wide pathway that connects to Guerber Park). The revised landscape plans should be reviewed and approved by staff prior to the City Clerk signing the final plat. • Staff defers comment regarding proposed landscaping 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 February 12, 2015, 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 (Martin absent; Grubb recused)to approve DR-67-14 for a design review application to construct the common area landscaping within Gateway Subdivision for Northside Management, 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 Gateway Subdivision(RZ-07-13 and PP-04-14). 2. Provide a revised landscape plan, clearly indicating existing and proposed number of trees with regard Page 10 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf.doc to species meets Eagle City Code, showing a total of seventy eight(78)deciduous trees, one hundred thirty(130) evergreen trees, and fifty two(52)flowering trees along the frontage of this development adjacent to State Highway 55 (approximately 1,300-LF). 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 revised landscape plans showing all pedestrian pathways within the common lots to be a minimum of 6-feet in width (with the exception of the 8-foot wide pathway that connects to Guerber Park). The revised landscape plans shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 4. Provide a revised landscape plan showing landscaping to extend to within 9-feet of the edge of State Highway 55. Provide a 9-foot wide compacted gravel area between the edge of pavement and the landscaping. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 5. The applicant shall provide a license agreement from ACRD and/or ITD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat application. 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle ' City Code. 7. No signs are proposed with this application. A separate design review application is required prior to the construction of any signs within this development. 8. The overall height of the berm and fence, adjacent to State Highway 55, shall be nine feet(9') in height. 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 Page 11 of 15 K:V'lanning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drfdoc 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. 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. Page 12 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drfdoc 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Depai tment 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. 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/ Page 13 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf doc 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 November 20, 2014, and supplemental information was provided on January 13, 2015, and January 23, 2015. 2. Requests for agencies' reviews were transmitted on November 25, 2015, 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-67-14) 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 as described herein. The Board recognizes that the combined height of the proposed berm and fence does not meet the ten foot (10') minimum height required adjacent to State Highway 55. The applicant is increasing the height of the fence from four feet(4')to six feet(6') and adding fill dirt along the entire buffer area in order to increase the overall height. Numerous large trees are to be retained and incorporated into the landscape buffer and if additional fill dirt is placed around the existing trees, it will be harmful to the trees. The Board unanimously agrees that an alternative method of compliance be implemented to permit a nine foot(9') high buffer adjacent to State Highway 55 based on the existing topography and vegetation making it impossible to fully comply with the ten foot (10') minimum height requirement. The Board recognizes the overall lineal horizontal distance and elevation difference from the highway to the first residential lots exceeds that which is required within Eagle City Code and agrees that a nine foot(9')high buffer meets the spirit of the code for separation and buffering. 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 14 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drfdoc DATED this 26th day of February 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho C rg-ffrasher, Vice-Chairman IOQ%PUR.1).v- * ` . • ■ ATTEST: SEAL * L,2)-11, "VI). 7400kAlvsso I Sharon K. Bergmann, Eagle City Cl.rk '••a.1„.,••••' Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 15 of 15 K:\Planning Dept\Eagle Applications\Dr\2014\DR-67-14 Gateway LS drf doe