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Findings - DR - 2016 - DR-11-16 - Common Area Landscaping In Stillwater SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN STILLWATER SUBDIVISION FOR NEXT LEVEL DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -11 -16 The above - entitled design review application came before the Eagle Design Review Board for their action on March 10, 2016. 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: Next Level Development, represented by Rodney Evans with Breckon Land Design, Inc., is requesting design review approval to construct the common area landscaping within Stillwater Subdivision, including a 1,345- square foot pool house and a pool. The 39.7 -acre site is located on the south side of State Highway 44 at the southwest corner of West State Street and State Highway 44. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 4, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 5, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 26, 2008, the City Council approved a comprehensive plan map and text amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one (1) unit per acre) and Residential Two (up to two (2) units per acre) to Business Park, and to establish a new planning sub -area within the Land Use Chapter of the plan (CPA- 02 -08). On February 10, 2009, the City Council approved an annexation and rezone with development agreement and preliminary plat for Stillwater Business Park for Tri Cedars Management, LLC (A -07- 07/RZ-09-07 and PP- 11 -07). On September 22, 2009, the City Council approved a development agreement modification to allow one (1) lot to be developed using an approved septic system. The modification also allowed the proposed Stillwater Business Park to be served by a temporary access from State Highway 44 until such time the realignment of Ballantyne Road was completed (RZ -09 -07 MOD). (The existing development agreement [Ada County instrument #110008343] expires on January 10, 2017. If the subject rezone is approved the development agreement associated with the subject rezone will supersede the previously executed development agreement.) On September 22, 2009, the City Council approved a preliminary plat modification in regard to the future phases of the development associated with the property owned by the Eagle Sewer District and the timing of eliminating the temporary access providing access to the development from State Highway 44 (PP -11 -07 MOD). Page 1 of 15 KAPlanning Dept\Eagle ApplicationADA2016\DR -11 -16 Stillwater Sub LS drf.docx On October 13, 2013, the Stillwater Business Park Subdivision preliminary plat expired (PP -11 -07 MOD). On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision (CPA- 04- 15/RZ -07 -15 and PP- 04 -15). E. COMPANION APPLICATIONS: DR -12 -16 (design review sign application) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. 1. SITE DATE: Total Acreage of Site — 39.7 -acres Total Number of Lots — 94 Residential — 72 (60 single - family, 12 live /work) Commercial — 11 (22 condo dwelling units on second floor) Flex Lot — 1 Common — 10 Total Number of Units — 94 Page 2 of 15 KAPlanning Dept\Gagle Applic ion ,\2016\DR -I1 -16 Stillwater S.b I dr£docx COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Business Park BP -DA (Business Park with a Stillwater Business Park Development Agreement) and (Vacant/Undeveloped) PS -DA (Public /Semipublic with a development agreement) Proposed Mixed Use MU -DA (Mixed Use with Mixed use development Development Agreement) including commercial, retail, single - family, multi- family residential. North of site Mixed Use /Residential MU -DA (Mixed Use with a Predico Multi - Two Development Agreement) family /Apartments (75 R- 2 -DA -P (Residential with a units) Development Agreement — Countryside PUD) Subdivision /Single Family Residential South of site Floodway RUT (Rural Urban Transition Boise River Floodway - Ada County) PS (Public /Semi- Public) East of site Business Park/Industrial PS -DA (Public /Semi - Public with a Development Eagle Sewer District Agreement) Treatment Plant West of site Business Park A -R (Agricultural Single Family Residential Residential) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. 1. SITE DATE: Total Acreage of Site — 39.7 -acres Total Number of Lots — 94 Residential — 72 (60 single - family, 12 live /work) Commercial — 11 (22 condo dwelling units on second floor) Flex Lot — 1 Common — 10 Total Number of Units — 94 Page 2 of 15 KAPlanning Dept\Gagle Applic ion ,\2016\DR -I1 -16 Stillwater S.b I dr£docx Single - family — 94 • 60 single - family • 12 live /work (residence located on second floor) • 22 condo dwelling units located above commercial uses within the commercial area Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 J. GENERAL SITE DESIGN FEATURES: Greenbelt /Pathway Areas: The applicant provided a Pathway Exhibit, date stamped by the City on October 12, 2015, that delineates an eight -foot (8') wide pathway within a ten -foot (10') wide common lot located adjacent to the northern boundary of the development. The Pathway Exhibit shows an eight -foot (8') wide greenbelt pathway located on one (1) side of the internal street providing access from State Highway 44 to the southern boundary of the site. The pathway exhibit also shows a five -foot (5') wide micro - pathway traversing from north to south through the residential area of the development. The Pathway Exhibit also shows a subdivision micro- pathway located in the middle of the residential area providing access from north to the south through the residential area to a large common lot (Lot 4, Block 2). Open Space: A total of 17.9 -acres (inclusive of island Lot 1, Block 7) of open space is proposed within the development. The usability of the island open space is questionable since there are no pedestrian facilities that provide access from the developed site to the island. The common lots minus the island is 6.17 -acres in size and consists of six (6) common lots. A minimum of 20% open space is required except that per Eagle City Code 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. Commercial Area: The preliminary plat, date stamped by the City on September 2, 2015, shows a commercial area located between State Highway 44 and East Old Valley Street. The commercial area consists of 13 -lots (12- buildable, 1- common, and 1 -flex lot). The product type exhibit, date stamped by the City on September 3, 2015, and the preliminary plat does not identify the size of buildings, parking spaces, or proposed uses. 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: The preliminary plat, date stamped by the City on September 3, 2015, contains plat notes indicating that all residential lots have a 12 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all front lot lines. The preliminary plat also notes that the rear and interior lot lines have a 5 -foot wide public utility, drainage, and pressurized irrigation easement except for lots within Blocks Page 3 of 15 Y-kPlanning Dept\Eagle Applicalions\D UOMDR -11 -16 Stillwater Sub LS drt.doex 4 and 5 which will have no easement adjacent to interior lot lines. All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: The preliminary plat, date stamped by the City on September 22, 2015, does not show the location of fire hydrants. Hydrants should be installed and approved as required by the Eagle Fire Department. The proposed development is located within the United Water Company of Idaho water service area. On -site Septic System (yes or no) — Unknown The site previously contained a residential dwelling and accessory structures it is unknown if the septic system was properly abandoned. Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the New Dry Creek Company. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS). Preservation of Existing Natural Features: Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. 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. BUILDING DESIGN FEATURES: Roof: Metal (gray) Walls: EIFS (white), Brick (gray), Metal Panels (light gray) Windows /Doors: Kalwall windows, Metal doors Fascia/Trim: Horizontal Metal Siding (dark gray) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees in the area to be developed. 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. 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 Zoning Administrator prior to issuance of any building permits. Page 4 of 15 KAP1a ing Dcpt\Eagle App1watiom\Dt12016\DR -I 1 -16 Stillwater Stth IS drf.docz P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR- 12 -16) has been submitted for the master sign plan for Stillwater Subdivision. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. 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 — Floodplain areas associated with the Boise River Evidence of Erosion — Yes — See Environmental Impact Assessment, date stamped by the City on September 3, 2015 Fish Habitat — Yes — Boise River FloodpWn — Yes — Located adjacent to the Boise River Mature Trees — Yes — Located adjacent to the east and west property lines and the Boise River Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes — No Stream/Creek Yes — Boise River Unique Animal Life — No Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River Unstable Soils — Yes — See Environmental Impact Assessment, date stamped by the City on September 3, 2015 Wildlife Habitat — Yes — Located adjacent to the Boise River 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: Department of Environmental Quality Eagle Fire Department Idaho Department of Fish and Game Idaho Transportation 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: Residential Four Suitable primarily for single family residential development within an urbanized setting. An Page 5 of 15 KAPlanning Dept\Eagle Applications\Dr\2016\DR -1 I -16 Stillwater Sub LS drf.docx allowable density of up to 4 units per 1 acre. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8- 2A- 6(A)(5) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. • 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(K) Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30 ") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30 ") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: Page 6 of 15 KAPlanning Dept\Eagle 1 1 - I -16 Stillwater Sub LS drf.docx (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. • Eagle City Code Section 8- 2A -7(L) Landscape Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. Eagle City Code Section 8- 2A -7(M) Parkway Strips, Separated Sidewalks, And Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. 3. Within residential developments one shade class (class H) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.13 The development shall incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. 3.14 The single - family dwellings shall be constructed utilizing "Northwestern" style architecture as shown on Exhibit D. The commercial/retail buildings, live /work residential units, townhouses, and pool house shall be constructed utilizing "Northwestern" style architecture as shown on Page 7 of 15 KAPlanning DeptTagle ApplicationADA2016\DR -I I -16 Stillwater Sub 1S drf docx Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, live /work residential units, townhouses, pool house, pumphouse for irrigation, and gazebos. To assure compliance with this condition, the applicant shall create an Architectural Control Committee (ACC) as a component of the development's CC &Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC &Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.15 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to East Old Valley Street 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment (tot lot amenities) gazebos, bike racks, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the first final plat. 3.16 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to City approval of a tree removal plan and replacement plan. 3.17 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 (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. D. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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. • If a reduced buffer area located adjacent to East Old Valley Street is approved, the proposed landscaping located within the street side setback area adjacent to the north property lines of Lots 1 and 37, Block 1, shall be commensurate with landscaping requirements pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Page 8 of 15 KAPlanning DeptEagle ApplicationADA201RDR- 11- 16 Stillwater Sub LS drf.docx Review Board prior to submittal of a final plat application. The applicant shall install a three foot (3') high landscaped berm within a 30 -foot wide common lot located adjacent to State Highway 44. The berm area shall be landscaped with the following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty percent (50 %) of the shade trees are substituted. The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. • Provide landscaping pursuant to Eagle City Code Section 8- 2A- 7(K)(2)(b) to screen the parking areas located adjacent to State Highway 44. The landscaping shall be completed prior to the City Clerk signing the final plat. • All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. • The landscaping located within the 15 -foot street side setback area on Lots 1 and 37, Block 1, shall be generally commensurate with the plantings required pursuant to Eagle City Code Section 8 -2A- 7Q)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. E. DISCUSSION: The applicant is requesting design review approval to construct the common area landscaping and a pool house within Stillwater Subdivision, a 39.7 -acre development with 94 -lots (72- single family, 11- commercial, 1 -flex, and 10- common). A 1,345- square foot pool house and pool are proposed to be located in the southern portion of the development. The architectural style of the pool house is "Northwestern" style and utilizes very raw building materials such as horizontal metal siding, metal paneling, brick, metal roofing, and gabion walls. Pursuant to the development agreement, "Northwestern" style of architecture was permitted within this development for the residential, commercial, townhouses, and pool house. Pursuant to the development agreement, a 3-foot high landscape berm within a 30 -foot wide common lot located adjacent to State Highway 44 is required. The berm area is to be landscaped with the following plants per 100 - linear feet of right of way; two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. There is approximately 1,000 - linear feet of frontage adjacent to State Highway 44 which would require twenty (20) deciduous trees and thirty (30) evergreen trees. The landscape plan, date stamped by the City on February 4, 2016, shows twenty (20) deciduous trees, twenty one (21) evergreen trees, and six (6) flowering/omamental trees. Pursuant to staff's calculations, the landscape buffer along State Highway 44 is deficient nine (9) evergreen trees. The applicant should be required to provide a revised landscape plan showing a minimum of thirty (30) evergreen trees within the 30 -foot wide common lot located adjacent to State Highway 44. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. Pursuant to the preliminary plat approval, a three foot (3') high landscaped berm within a 30 -foot wide common lot located adjacent to State Highway 44 is required. The landscape plans, date stamped by the City on February 4, 2016, show a combination of three foot (3') high berms and walls to be located within the 30 -foot wide common lot located adjacent to State Highway 44. The applicant is proposing to install the 10 -foot wide regional pathway on the south side (interior to the development) of the berm. The retaining walls and gabion walls, while achieving the height of the buffer area required within the preliminary plat, provide larger plaza areas tucked into the berm, creating larger plaza areas and seating areas. The applicant's purpose of moving the pathway interior to the development is to expose pathway users to businesses within the Page 9 of 15 KAPlanning Dept\Eagle ApplicationADA2016WRA 1 -16 Stillwater Sub 1S drf.docx development. The applicant's desire is to have uses within the development that pathway users can patronize and utilize the plaza and seating areas created along the pathway. Staff defers comment regarding the design of the three (3') high landscape berm to the Design Review Board. The landscape plan, date stamped by the City on February 4, 2016, shows approximately 13 -feet between the landscaping and the edge of pavement of State Highway 44. Pursuant to past action by the Eagle City Council, landscape buffers are required to extend to within nine feet (9') from the edge of pavement. The applicant should be required to provide a revised landscape plan showing the landscape buffer extend to within nine feet (9') of the edge of pavement along the entire frontage of this site and should provide gravel within the nine feet (9') as approved by TTD. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. The gravel shoulder area should be maintained and kept free of weeds and debris. The landscape plan, date stamped by the City on February 4, 2016, shows a 6 -foot high wooden privacy fence to be installed on the west property line of the development adjacent to the future commercial area. Pursuant to Eagle City Code, cedar, fir, and similar high maintenance and/or unsightly fencing is not permitted. The applicant should be required to provide a revised landscape plan showing an approved fence material to be used in the construction of the fence proposed to be located on the west property line adjacent to the commercial area. 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 February 4, 2016, shows a 10 -foot wide landscape area to be planted with trees every 28 -feet to be located on the west property line adjacent to the commercial area. Pursuant to Eagle City Code, a 5 -foot wide perimeter landscaped strip between the property line and parking lot is required to be planted with a minimum of one shade tree and five (5) shrubs per 35- linear feet of perimeter. The applicant should be required to provide a revised landscape plan showing one shade tree and five (5) shrubs to be planted per 35- linear feet of perimeter. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on March 10, 2016, 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 6 to 0 (Hash absent) to approve DR -11 -16 for a design review application to construct the common area landscaping within Stillwater Subdivision for Next Level Development, 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. Page 10 of 15 KAPlanning Dept\Eagle Applicatiom\Dr\2016\DR -11 -16 Stillwater Sub 1S dff.do- SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ -07 -15 and PP- 04 -15. 2. Provide a revised landseape plan shewin of thiFty (30) evergreen trees within the 30 feet wide eew.nen lot leeated adjaeent to Highway 44. The revised landseape plan shall be r-eviewed and appFeved by staff and twe fnember-s of the Design Review Beard prior- te the City Gled-E �e final pla• 3. Provide a revised landscape plan showing the landscape buffer extend to within nine feet (9') of the edge of pavement along the entire frontage of this site and should provide gravel within the nine feet (9') as approved by ITD. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. The gravel shoulder area should be maintained and kept free of weeds and debris. 4. Provide a revised landscape plan showing an approved fence material to be used in the construction of the fence proposed to be located on the west property line adjacent to the commercial area. 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. 5. Provide a revised landscape plan showing one shade tree and five (5) shrubs to be planted per 35- linear feet of perimeter. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. 6. Upon completion of the construction of this development and prior to certificate of occupancy for any structures, an as built shall be provided showing the required pathways in relation to the required easements. 7. Provide a license agreement from TTD and/or ACHD allowing the installation of landscaping located within the public rights -of -way and landscape said right -of -way, prior to the City Clerk signing the final plat. 8. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 11. No signs are proposed with this application. A separate design review application (DR- 12 -16) has been submitted for the approval of a master sign plan for this development. The sign plan shall be reviewed and approved prior to issuance of a sign permit. 12. Provide revised elevation plans showing the gabion wall proposed on the pool house to be removed and replaced with another material that compliments the materials proposed in the construction of the pool house. The revised elevation plans shall be reviewed and approved by staff and one member of 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. Page 11 of 15 KAPlanning Dept\Eagle Applicali —\Deuo lmm -1 1 -16 Stillwater Sub IS di'-d- 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. 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, Page 12 of 15 KAPlanning DeptTagle ApplicationADA2016M -11 -16 Stillwater Sub [S drf.docx 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 river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 13 of 15 KAPlanning DeptkEagle ApplicationADA201RDR -11 -16 Stillwater Sub LS drf.docx 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR- 11 -16) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. 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 KAPlanning Dept \Eag4, Applic iotta\DA2016\DR -1 I -16 Stillwater Sub LS drf-doe, DATED this 24`h day of March 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho / Robert Grubb, Chairman ATTEST: q I �/✓l A v � p �, �� Sharon-K3 . Bergmann, Eagle City Clerk .•'•`' 1 1 OFF''••. If. pR P 0 ,4.y> SEA L 09 �• •••,•::•• p ••. •'••.._ OF ID P.••�• Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 15 of 15 KAPlanning Dupt\UagW App1icatiom\Dr\2016\DR- l 1- 16 Stillwater Sub LS drl:d.—