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Findings - DR - 2016 - DR-68-13 MOD2 - Modify The Common Area Landscaping In Snoqualmie Falls Subdivision No 4BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO MODIFY THE COMMON AREA LANDSCAPING WITHIN SNOQUALMIE FALLS SUBDIVISION NO.4 FOR JUSTIN MARTIN FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -68-13 MOD2 The above -entitled design review application came before the Eagle Design Review Board for their action on June 23, 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: Justin Martin, represented by Glenn Walker with neUdesign, is requesting design review approval to modify the common area landscaping within Snoqualmie Falls Subdivision No. 4 to include a 2,906 - square foot gym for the residents, a 649 -square foot pool house, amphitheater, covered trellis areas, parking, tot lot area, basketball court, and extensive pathways throughout the common area. The 9.04 - acre site is located on the south side of North Nordic Drive and West Signature Drive and west of North World Cup Lane at 6037 West Nordic Drive within Snoqualmie Falls Subdivision No. 4 (Lot 20, Block 6). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 18, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 1, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat (A-09-05/RZ-13-05/CU- 12-05/PPUD- 1 3-05/PP-0 1 -06) for the Legacy Planned Community. On August 22, 2006, the City Council approved a design review application for the common area landscaping and sports academy facility within Legacy Planned Community (DR -64-06). On August 28, 2007, the City Council approved the final development plan and final plat FPUD-01- 07/FP-01-07/ FP -02-07, for Mosca Seca Subdivision Phases No. 1 & No. 2. On September 18, 2007, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD) to the development agreement to provide a time schedule for the build -out of the Academy Core area located within Mosca Seca Subdivision (located within the Legacy Planned Unit Development). On February 19, 2008, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD 2) within the development agreement to address the percentage of allowable second story square footage in relationship to the first floor for homes located on lots less than 8,000 -square feet in size, the provisions of private roads, construction flooring material Page 1 of 12 KAPlanning DeptTagle ApplicationADA201ADR-68-13 MOD2 Snoqualmie Falls No. 4 LS drf.docx for attached single-family dwellings, and the Memorandum of Agreement regarding the on-site municipal water system. On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On October 13, 2009, the City Council approved an extension of time (EXT -12-09) for the preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010. On November 9, 2010, the City Council approved an extension of time (EXT -07-10) for the preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011. On September 13, 2011, the City Council approved an extension of time (EXT -06-11) for the preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012. On June 26, 2012, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the allowed density, modify the open space by removing the requirement to construct the sports academies, and address the condition of development regarding a school site. On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On January 10, 2013, the City approved a design review application to modify the landscaping within Snoqualmie Falls No. 2 (DR -64-06 MOD). On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On May 1, 2014, the City approved a design review application to modify the landscaping within Snoqualmie Falls No. 2 (DR -64-06 MOD2). On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the Ada County Recorder's office. On January 23, 2014, the Eagle Design Review Board approved a design review application for the common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13). On March 25, 2014, City Staff approved a design review application to modify the common area landscaping within Snoqualmie Falls No. 4 (DR -68-13 MOD). On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada County Recorder's office. On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada County Recorder's office. On January 28, 2014, the City Council approved a conditional use permit, preliminary development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 6 (CU-06-14/PPUD-03-14/PP-09-14). On March 13, 2014, the Eagle Design Review Board approved a design review application for the common area landscaping within Snoqualmie Falls Subdivision No. 5 (DR -07-14). On April 9, 2015, the Eagle Design Review Board approved a design review application for the common area landscaping within Snoqualmie Falls Subdivision No. 6 (DR -06-15). On April 28, 2015, the City Council approved the final development plan and final plat for Snoqualmie Falls Subdivision No. 6 (FPUD-04-15/FP-05-15). Page 2 of 12 KAPlanning Dept\Eagle ApplicationADA2013OR-68-13 MOD2 Snoqualmie Falls No. 4 LS dtf.dou On June 9, 2015, the City Council approved the final development plan and final plat for Snoqualmie Falls Subdivision No. 7 (FPUD-05-15 & FP -06-15). On September 8, 2015, the City Council approved the final development plan and final plat for Snoqualmie Falls Subdivision No. 8 (FPUD-06-15 & FP -09-15). E. COMPANION APPLICATIONS: None. 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 was developed with soccer fields and tennis courts. Street trees have been installed in the planter strips and landscaping is located around the perimeter of the common area. I. SITE DATE: N/A J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two buildings; one pool house and one community gym for the residents of the subdivision. Height and Number of Stories of Proposed Buildings: The pool house is an approximately 19' 2" high, single -story structure. The community gym is an approximately 26' 8" high, single -story structure. Page 3 of 12 KAPlanning Dept\Eagle ApplicationADA201MR-68-13 MOD2 Snoqualmie Falls No. 4IS drfdocx COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (up to R -2 -DA -P (Residential Single -Family, Residential two units/ acre) maximum two units/acre with Planned Unit Development a development agreement and a planned unit development) Proposed No Change No Change No Change North of site Residential Two (up to R -2 -DA -P (Residential Legacy Development two units/acre) maximum two units/acre with (Mosca Seca Subdivision a development agreement and and Snoqualmie Falls a planned unit development) Subdivision No. 2) South of site Residential Two (up to R -2 -DA -P (Residential Legacy Development two units/ acre) maximum two units/acre with (Mosca Seca Subdivision) a development agreement and a planned unit development) East of site Residential Two (up to R -2 -DA -P (Residential Legacy Development two units/acre) maximum two units/acre with (Mosca Seca Subdivision) a development agreement and a planned unit development) West of site Residential Two (up to R -2 -DA (Residential Agricultural two units/ acre) maximum two units/acre with a development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site was developed with soccer fields and tennis courts. Street trees have been installed in the planter strips and landscaping is located around the perimeter of the common area. I. SITE DATE: N/A J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two buildings; one pool house and one community gym for the residents of the subdivision. Height and Number of Stories of Proposed Buildings: The pool house is an approximately 19' 2" high, single -story structure. The community gym is an approximately 26' 8" high, single -story structure. Page 3 of 12 KAPlanning Dept\Eagle ApplicationADA201MR-68-13 MOD2 Snoqualmie Falls No. 4IS drfdocx Gross Floor Area of Proposed Buildings: The proposed pool house is approximately 649 -square feet. The proposed community gym is approximately 2,906 -square feet. On and Off -Site Circulation: A 4,700 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 15 -foot wide one-way driveway providing access from East State Street and exiting through a 25 - foot wide driveway on East Dunyon Street. K. BUILDING DESIGN FEATURES: Roof: Architectural Asphalt Shingles (Grey) Walls: Stucco (Cream), Cultured Stone (Shale), Wood Shakes (Dark Brown) Windows/Doors: Wood (Dark Brown) Fascia/Trim: Wood (Dark Brown) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located throughout the site. The trees are to be retained and protected. Those trees located where the parking lot, buildings, and walkways are to be located are to be relocated on-site. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees adjacent to the streets were installed by the developer. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: A berm and retain wall are proposed between North Signature Drive and the drive aisle into the parking lot. No perimeter landscaping is proposed on the west side of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 10% is proposed. N. TRASH ENCLOSURES: One (1) 144 -square foot trash enclosure is proposed to be located near the northeast corner of the parking lot. The enclosure is proposed to be constructed of CMU walls and metal gates; all of which will match the materials and colors used in the construction of the buildings. O. MECHANICAL UNITS: The application indicates ground mounted mechanical units are to be used for the community gym structure. The site and landscape plans do not show how the location of any ground mounted mechanical units. 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. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Page 4 of 12 KAPlanning Dept\Eagle ApplicationADA201ADR-68-13 M0132 Snoqualtnie Falls No. 4 LS drf.docx 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 - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes — see landscape plan for locations 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 Sawtooth Law Offices (Middleton Mill Ditch Company and Middleton Irrigation Association) West Ada School District 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 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 -7(C) Existing Vegetation: Page 5 of 12 KAPlanning Dept\Eagle ApplicationADA201ADR-68-13 MOD2 Snoqualmie Falls No. 4 LS drf.docx 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: Existin Tree Replacement 1 inch to 6 inches caliper 6'/4 inches to 12 inches 12'/4 inches or more 2x caliper of tree removed 1.5x caliper of tree removed I Ix caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 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. C. DISCUSSION: The applicant is requesting design review approval to modify the common area landscaping within Snoqualmie Falls Subdivision No. 4 (Lot 20, Block 6). Currently, there are three (3) tennis courts, a large grass area for several soccer fields, a tot lot, and a gravel parking area. The applicant is requesting to modify the common area by adding a pool and pool house, a community gym, amphitheater, several covered trellis areas, basketball court, extensive pathways throughout the common area, and a paved parking lot to the existing amenities located within the common area. Several trellis structures are proposed throughout the common area as well as within the pool area. The detail of the trellises indicate the posts, beams, stone, and racks of the structure are to be determined by the owner. The applicant should be required to provide detailed elevation plans indicating the materials, material dimensions, colors, etc. to be used in the construction of the trellises. The detailed elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Sheet L1.02, date stamped by the City on May 18, 2016, show columns to be located near the Page 6 of 12 KAPlanning DeptTagle ApplicationADA2013tDR-68-13 M0132 Snoqualmie Falls No. 4 LS drf.docx southwest corner of the community gym and on the south side of the pool house. The elevation plans do not show any structures to be constructed in these areas. The applicant should be required to provide detailed elevations of the community gym and the pool house showing any covered structures to be located at the southwest corner of the community gym and/or on the south side of the pool house. The detailed elevations should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. The application indicates ground mounted mechanical units are to be used at the community gym. The elevation, site, and landscape plans do not show the location of any ground mounted mechanical units to be located at the base of the building. The applicant should be required to provide a revised elevation, site, and/or landscape plans showing how the ground mounted mechanical units are to be screened from view by a screen wall or landscaping. The revised elevation plans and/or landscaping 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 site and landscape plans, date stamped by the City on May 18, 2016, indicate fences to be located around the play area as well as around the pool area. The applicant should be required to provide detailed cut sheets of the fences proposed around the play area and the pool. The detailed cut sheets should show the style, color, height, and material to be used in the construction of these fences. The detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. The site and landscape plans, date stamped by the City on May 18, 2016, do not show a bike rack to be installed on-site. The applicant should be required to provide revised site and landscape plans showing the location of a bike rack near the pool house and the community gym or in a central location between the two buildings. Detailed cut sheets showing the style, color, size, etc. of the bike rack should be submitted to the City. The revised site and landscape plans and detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • This development has beautiful, decorative light fixtures located throughout the entire development and on the entry features. Sheet E-0.1, date stamped by the City on May 18, 2016, shows standard shoe box light fixtures to be used to illuminated the parking lot and the pool area. It is staff's opinion that the applicant should use light fixtures that match or complement the light fixtures used throughout the development. Detailed cut sheets showing the style, height, wattage, luminaries, etc. should be submitted to the City. The detailed cut sheets 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. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 23, 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). Page 7 of 12 KAPlanning Dept\Eagle ApplicationADA2013OR-68-13 M0132 Snoqualmie Falls No. 4 Ls drf.docx BOARD DECISION: The Board voted 3 to 0 (Schafer, Baer, Germano, and Koci absent) to approve DR -68-13 MOD2 for a design review application to modify the common area landscaping within Snoqualmie Falls Subdivision No. 4 for Justin Martin, 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU-06-14/PPUD-03-14/PP-09-14. 2. Provide detailed elevation plans indicating the materials, material dimensions, colors, etc. to be used in the construction of the trellises. The detailed 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. 3. Provide detailed elevations of the community gym and the pool house showing any covered structures to be located at the southwest corner of the community gym and/or on the south side of the pool house. The detailed elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised elevation, site, and/or landscape plans showing how the ground mounted mechanical units are to be screened from view by a screen wall or landscaping. The revised elevation plans and/or landscaping plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide detailed cut sheets of the fences proposed around the play ama and pool. The detailed cut sheets shall show the style, color, height, and material to be used in the construction of these fences. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 6. Provide revised site and landscape plans showing the location of a bike rack near the pool house and the community gym or in a central location between the two buildings. Detailed cut sheets showing the style, color, size, etc. of the bike rack shall be submitted to the City. The revised site and landscape plans and detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 7. Light fixtures that match or complement the light fixtures used throughout the development shall be used. Detailed cut sheets showing the style, height, wattage, luminaries, etc. shall be submitted to the City. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 13. No signs are proposed with this application and none are approved. Page 8 of 12 KAPlanning Dept\Eagle ApplicationADA201ADR-68-13 MOD2 Snoqualmie Falls No. 4 LS drf.docx NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Page 9 of 12 KAPlanning Dept\Eagle ApplicationADA20MDR-68-13 M0132 Snoqualmie Falls No. 4 CS drf.docz 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Page 10 of 12 KAPlanning Dept\Eagle ApplicationADA201ADR-68-13 MOD2 Snoqualmie Falls No. 4 LS drf.docx Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -68-13 MOD2) 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. Page 11 of 12 KAPlanning Dept\Eagle ApplicationADA201MR-68-13 MOD2 Snoqualmie Falls No. 4 LS drf.docx 2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the R -2 -DA -P (residential maximum two units/acre with a development agreement and a planned unit development) zoning district. DATED this 141 day of July 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho f EA Robert _, firman .O`,`i O•. go 4 '•. ��, G�•Cri �Q O R.1 q ATTEST: �' �•� �r SEAL. 71 Of foe `P Th Bergmann, Eagle City Jerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 KAPlanning DeptEagle ApplicationADA2013\13R-68-13 M0132 Snoqualmie Falk No. 4 LS drf.docx