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Findings - DR - 2015 - DR-19-13 MOD3 - Modify To The Eagle Tennis Facility To Construct The Facility 3 Phases • BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR TO MODIFY A ) COMMERCIAL ENTERTAINMENT FACILITY FOR ) THE EAGLE TENNIS FACILITY FOR KARA HOGE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-19-13 MOD3 The above-entitled design review application came before the Eagle Design Review Board for their action on June 11, 2015. The Board continued this item to June 25, 2015, and made their decision at that time. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Kara Hoge, represented by Eric Anderson with ALC Architecture, is requesting design review approval to modify the Eagle Tennis Facility to construct the facility in three (3)phases. The first phase would include the construction of an 81,000-square foot indoor tennis court building with a 4,000-square foot temporary clubhouse. Phase two would include the construction of a 72,000- square foot expansion to the tennis facility which would include more indoor tennis courts as well as other commercial uses. Phase three would include the construction of outdoor tennis courts. The 12.12-acre site is located near the southeast corner of State Highway 44 and South Edgewood Lane at 1650 East Riverside Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 27,2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 30, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 22,2007,the City Council approved an annexation and rezone from RUT(Rural Urban Transition—Ada County designation)and MU(Mixed Use)to MU-DA(Mixed Use with Development Agreement)for Cornerstone Group,LLC. (A-18-06/RZ-24-06) On July 24, 2007,the City Council approved a preliminary plat for Eagle Gateway South Subdivision for Cornerstone Group,LLC. (PP-21-06) On October 16, 2007,the City Council approved a design review for the common area landscaping for Eagle Gateway South Subdivision for Cornerstone Group,LLC. (DR-33-07) On June 10, 2008,the City Council approved RZ-24-06 MOD for a modification to the development agreement to change a"Hotel"use(shown as"C"conditional use under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations")to a permitted use on the property associated with Eagle Gateway Subdivision for Eagle Gateway South,LLC. On June 27, 2013, the Eagle Design Review Board approved a design review application for a Page 1 of 14 K:\Flannieg Dept Applications\Dr\2013\DR-19-13 MOD3 Eagle Tennis Facility bldg dd'.doc commercial entertainment facility for the Eagle Tennis Facility(DR-19-13). On January 9, 2014, the Eagle Design Review Board remanded the design review application to modify a commercial entertainment facility for the Eagle Tennis Facility to staff (DR-19-13 MOD). On March 27, 2014, the Eagle Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility(DR-19-13 MOD2). 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 Mixed use development Development Agreement) including commercial, retail. Proposed No Change No Change Commercial Entertainment Facility for a tennis club North of site Business Park BP(Business Park) State Highway 44 South of site Floodway MU-DA(Mixed Use with Renovare Subdivision Development Agreement) East of site Mixed Use MU(Mixed Use) Ancona Business Park West of site Mixed Use MU-DA(Mixed Use with Lonesome Dove development agreement) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 2 of 14 K:1Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MODS Eagle Tennis Facility bldg drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 12.12-acres(413,820-square feet) 0.11-acres(5,000-square feet) (minimum) Percentage of Site Devoted to 30%(approximately) 60%(maximum)* Building Coverage Percentage of Site Devoted to 24%(approximately) 10%(minimum) Landscaping Number of Parking Spaces 272-parking spaces** 360-parking spaces(minimum) at full build-out of facility Front Setback 642-feet(west) 20-feet(minimum)* Rear Setback 55-feet(east) 10-feet(minimum)* Side Setback 127-feet(south)to temporary 7.5-feet(minimum)* building Side Setback 98-feet(north) 7.5-feet(minimum) *Note:Setbacks and lot coverage pursuant to the development agreement executed August 25,2014. **Note:The parking analysis,dated February 11,2014,was previously approved with DR-19-13 MOD2. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be utilized for a tennis facility with associated uses(i.e.: daycare,health club, office,retail,restaurant). Height and Number of Stories of Proposed Buildings: 44-feet high;two stories. Gross Floor Area of Proposed Buildings: Phase I= 81,000-square foot indoor tennis courts 4,000-square foot temporary club house structure Phase II= 72,000-square foot indoor tennis courts, daycare, health club, office, retail, etc. Phase III= Outdoor tennis courts On and Off-Site Circulation: At complete build-out an 88-034-square foot (approximately) paved parking lot will provide parking for vehicles using this site. One 35-foot wide driveway is proposed to be located on the south side of this site approximately 200-feet east of Edgewood Lane. On 30-foot wide driveway is proposed to be located on the south side of the site approximately 460-feet east of Edgewood Lane. One 30-foot wide driveway is proposed on the south side of this site approximately 230-feet west of the east property line. All three driveways provide access to East Riverside Drive. Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr12013\DR-19-13 MODS Eagle Tennis Facility bldg drrdoc K. BUILDING DESIGN FEATURES: Roof: Metal(rustic red and gray),Membrane(white) Walls: Smooth and ground CMU, Stone, Stucco,Fluffed metal,Translucent panels Windows/Doors: Aluminum storefront and curtain wall systems Fascia/Trim: Metal fascia,wood beams L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install street trees along East Riverside Drive. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the site. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One 180-square foot trash enclosure is proposed to be located at the eastern end of the building approximately 380-feet north of East Riverside Drive. The enclosure is proposed to be constructed of CMU walls with metal gates,all of which will match the materials and colors used in the construction of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are proposed to be screened by parapet walls and other elements of the building. No ground mounted mechanical units are proposed with this project and none are approved. 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. Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr12013\DR-19-13 MOD3 Eagle Tennis Facility bldg drfdoc 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: Ada County Highway District Eagle Fire Department Tesoro Logistics W. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (adopted August 25, 2009) designates this site as Mixed Use. 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. B. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-6(A)(6)Building Design: Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MODS Eagle Tennis Facility bldg drf doc a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays,porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment,to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief,and existing area development. Use of color to provide blending of materials with the surrounding area and building use,and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered;and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. • Eagle City Code Section 8-2A-6(B)(l)(k) Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented towards the road. A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be prohibited in the DDA, TDA,CEDA design review overlay district areas. • Eagle City Code Section 8-2A-7(B)(4) If only a portion of a property is being developed,and if the city does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet(25')(on site)beyond the proposed development. • Eagle City Code Section 8-4-3(E) Compact Spaces: A maximum of thirty percent(30%)of the total spaces provided may be designed, designated and used for compact size vehicles. The minimum standards for compact vehicle spaces and driveways are set forth in subsection 8-4-4-2F of this chapter. Compact spaces shall be located along the perimeter of the parking lot or in those areas most distant from the structure or use being served. Parking areas immediately adjacent to or within close proximity to the building entrances shall be designated for standard(full size)spaces. Compact spaces shall be clearly marked as such on the pavement or curb. Surplus parking spaces(those spaces that exceed the minimum number required by this title)shall also comply with the thirty percent(30%)maximum per total number of spaces permitted for compact Page 6 of 14 K:\Planning DeptlEagle Applicationa1Dr120I31DR-19-13 MODS Eagle Tennis Facility bldg drf doe spaces. The allowed percentage of compact spaces may only be increased by conditional use approval from the city council. • Eagle City Code Section 8-4-4-6 Bicycle Parking: One bicycle parking space within an approved rack shall be required for each thirty(30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten(10)units. Bicycle parking racks shall be in a well lit area,and shall be designed in accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board,or planning and zoning commission or city council. C. DISCUSSION: • On March 27,2014,the Eagle Design Review Board approved a design review application to modify the commercial entertainment facility for the Eagle Tennis Facility(DR-19-13 MOD2). That modification consisted of adding 51,652-square feet to the original 108,348-square foot tennis facility. The applicant is now requesting design review approval to construct the Eagle Tennis Facility in three(3)phases. The first phase would include the construction of an 81,000- square foot indoor tennis court building with a 4,000-square foot temporary clubhouse. Phase two would include the construction of a 72,000-square foot expansion to the tennis facility which would include more indoor tennis courts as well as other commercial uses. Phase three would include the construction of outdoor tennis courts. With the proposed phasing plan, the building setbacks, building elevations,and parking configuration have been modified. The proposed building setbacks still meet that which is required within the development agreement for this site. For the third time,the form of the building is changing;however,the materials to be used in the construction of the building remains the same. The submitted building elevations for the indoor tennis courts,more closely match the original building elevations approved by the Board on June 27, 2013,with a gabled roof. The north building elevation wall incorporates the green screen panels that were approved on the second building elevations approved by the Board on March 27, 2014. The elevation plan,date stamped by the City on April 27,2015, indicates a metal panel thermawall fluted 4-inch thick panel is proposed to be used on the west building elevation where the building is to be expanded in the future. The revised elevations also show a metal roof to be used. Pursuant to Eagle City Code, metal roofing and siding is prohibited on any portion of the building facing a road. The visibility of the large expanse of metal roofing has been reduced because the slope of the roof has been decreased. The Board made the finding the metal roof and siding in the previously approved building design was complimentary to the existing and proposed building architecture in the surrounding area. Staff defers comment regarding the design and colors of the proposed facility to the Design Review Board. • The site plan date stamped by the City on April 27,2014, shows the parking and drive aisles along the north, east, and south of the proposed building reconfigured from that which was previously approved. No parking was proposed along the north or east sides of the indoor tennis facility, only a drive aisle was proposed in this area with parking proposed at the southeast corner of the future outdoor tennis court area. The revised parking plan shows parking to be located along the entire north and east sides of the indoor tennis facility(phase 1)and along the southern side of the outdoor tennis courts and future building expansion(phase 2). The site plan date stamped by the City on April 27, 2014,shows a total of 221-parking spaces to be constructed with phase 1 of the tennis facility. Of the 221-parking spaces, 127-parking spaces are proposed to be constructed as Page 7 of 14 K:\Planning DeptlEagle Applications1Dr120131DR-19-13 MOD3 Eagle Tennis Facility bldg drfdac compact parking spaces. This equates to 57%of the parking spaces within phase 1 being constructed as compact spaces. Pursuant to Eagle City Code, a maximum of 30%of the total spaces provided may be designed,designated and used for compact size vehicles. Compact spaces are to be located along the perimeter of the parking lot or in those areas most distant from the structure or use being served. Staff understands that when phase 2 is constructed,this will shift the entrance to the west elevation of the future building expansion;however,staff is concern that until such time phase 2 is constructed,patrons will have limited full size parking spaces available for their use. Also, there are no handicap parking spaces provided within phase 1. Staff defers comment with regard to the percentage of compact parking spaces and the lack of handicap parking spaces proposed within phase 1 to the Design Review Board. As mentioned above the parking along the north, east, and south areas of the building have been reconfigured from that which was previously approved. The applicant should be required to provide a revised landscape plan showing how the reconfigured parking area is to be landscaped. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The applicant is proposing to install a 4,000-square foot temporary club house to be used until phase 2 of the tennis facility is constructed. The temporary club house building is to be placed within the future phase 3 outdoor tennis court area. The applicant has submitted general specification sheets of the proposed temporary club house building;however, specific building elevations,materials, colors, etc. have not been submitted. The applicant should be required to provide detailed elevation plans showing the specific building elevations, materials,and colors to be used in the construction of the temporary club house facility. The revised elevation plans should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The site plan date stamped by the City on April 27, 2015, indicates areas that are to be landscape pursuant to the past approval of this project and shows what areas are to be completed in future phases of this development. The site plan shows walkways that lead from the parking area to the temporary club house and extend to the indoor tennis facility(phase 1). There is a small area between the temporary club house and the parking area that is to be landscaped on the south side of the temporary facility. The site plan indicates this is to be landscape pursuant to the landscape plans. This area was never shown to be landscaped since it was part of the outdoor tennis court area. The site plan does not show that any landscaping is proposed on the west building elevation that will be expanded in the future. Pursuant to Eagle City Code, if only a portion of the property is being developed,and if the City does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet(25')beyond the proposed development. The applicant should be required to provide revised landscape plans showing how the area around the club house is to be landscaped and the area west of the indoor tennis facility is to be landscaped a minimum of twenty five feet(25')beyond the edge of the buildings. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 8 of 14 K:\Planning DeptlEagle ApplicationsDrl20131DR-19-13 MOD3 Eagle Tennis Facility bldg drfdoc PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 11, 2015. The Board continued the item to June 25, 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 4 to 0(Grubb,Martin,and Baer absent)to approve DR-19-13 MOD3 for a design review application to modify the commercial entertainment facility for the Eagle Tennis Facility for Kara Hoge,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of Tennis Club Plaza Subdivision(PP-13-13). 2. Comply with any applicable conditions of DR-19-13 and DR-19-13MOD2. 3. Provide a cross-parking agreement allowing the uses associated within the Tennis Club Plaza Subdivision to have cross-parking throughout the development. The cross-parking agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site. 4. Provide detailed cut sheets showing the style, size, color, etc. of bike rack to be used on this site. Provide a revised site plan showing the location of the bike racks. The detailed cut sheets and revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing how the reconfigured parking area is to be landscaped. The revised plan shall show temporary barriers or boundaries along the drive aisle providing access to the north side of the building(from the westernmost driveway on East Riverside Drive). The revised plan shall also address weed and dust mitigation. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 6. Provide detailed elevation plans showing the specific building elevations,materials,and colors to be used in the construction of the temporary club house facility. The revised elevation plans shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 7. Provide revised landscape plans showing how the area around the club house is to be landscaped and the area west of the indoor tennis facility is to be landscaped a minimum of twenty five feet(25') beyond the edge of the buildings. The revised landscape plan shall be reviewed and approved by staff the Design Review Board prior to the issuance of a zoning certificate. 8. Provide detailed elevation plans showing the materials,height,color, etc.to be used in the construction of the trash enclosure and gates. The detailed elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 9. A Design Review Application for all future phases of the Eagle Tennis Facility shall be submitted to the City to be reviewed and approved by the Design Review Board. 10. The pathway located along State Highway 44,the perimeter landscape and street trees along State Highway 44,Edgewood Lane,and East Riverside Drive,and parking lot landscaping shall be installed Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD3 Eagle Tennis Facility bldg drtdoc prior to the issuance of a certificate of occupancy for the temporary club house and/or phase 1 of the Eagle Tennis Facility. 11. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle City Code. 12. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred for reviewing this project. 13. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 14. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 15. No ground mounted mechanical units are proposed with this application and none are approved. 16. Roof top mechanical units,hoods,vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 17. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 18. No signs are proposed with this application. A design review sign application for the master sign plan for Tennis Club Plaza Subdivision is required to be reviewed prior to any signage on this site or building being constructed. 19. Provide detailed cut sheets of any building lighting and site lighting. The cut sheets shall show style, wattage, luminaires,height,etc. of all proposed light fixtures. The detailed cut sheets shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 20. The elevation plan sheet A3.4,date stamped by the City on June 17,2015, is approved. Provide a revised elevationplan indicating the west elevation labeled correctly. The revised elevation plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 21. Provide a detailed color board and material samples indicating the materials and colors to be used on the building. The color board and material samples shall be reviewed and approved by the Design Review Board 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 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 Page 10 of 14 K:\Flanning Dept\Eagle Applications\Dr12013\DR-19-13 MODS Eagle Tennis Facility bldg drfdoc furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company,ditch association,or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction,rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. 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. Page 11 of 14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-I3 MOD3 Eagle Tennis Facility bldg drf doe Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 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. Page 12 of 14 K:\Planning Dept Eagle Applcations\DA2013\DR-19-13 MODS Eagle Tennis Facility bldg drt:doc 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 April 27,2015. 2. Requests for agencies' reviews were transmitted on April 30, 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-19-13 MOD3) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the MU-DA(mixed use with development agreement)zoning district. Page 13of14 K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD3 Eagle Tennis Facility bldg drf doc DATED this 9th day of July 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Robert Grubb, Chairman 0 t�'•.• _ r° ��• *• ATTEST: '•�Sharon K. Bergmann,Eagle City Clerk 4• aa.+.+ Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 14 of 14 KAPlanning Dept\Eagle Applications\Dr\2013\DR-I9-13 MODS Eagle Tennis Facility bldg drf doc