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Findings - DR - 2016 - DR-42-16 - Construct Apartment Facility For Cottonwood Meadows In East End MarketplaceBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT AN APARTMENT FACILITY FOR COTTONWOOD MEADOWS WITHIN EAST END MARKETPLACE FOR THE PACIFIC WEST COMMUNITIES, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -42-16 The above -entitled design review application came before the Eagle Design Review Board for their action on August 25, 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: The Pacific West Communities, Inc., represented by Shawn Nickel with Rennison Engineering, are requesting design review approval to construct a 48 -unit, 66,866 -square foot apartment building for Cottonwood Meadows. The 1.85 -acre site is located on the south side of East State Street approximately 800 -feet east of South Edgewood Lane within the eastern area of East End Marketplace. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 21, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 27, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2007, the Eagle City Council approved a Comprehensive Plan Map Amendment, a rezone with development agreement, a vacation, and a preliminary plat application for Eagle Gateway Subdivision (CPA-02-06/RZ-08-06/VAC-01-06/PP-09-06). On January 12, 2016, the Eagle City Council approved a Comprehensive Plan Map Amendment and a rezone with a development agreement for East End Marketplace (CPA -05-15 & RZ-11-15). On April 14, 2016, the Eagle Design Review Board approved a design review application for the common area landscaping within East End Marketplace, including the construction of a specialty retail store (food and beverage sales) (DR -06-16). E. COMPANION APPLICATIONS: DR -46-16 (design review sign application). Page 1 of 15 ICAPlanning DeptTagle Applications\DA2016UDR-42-16 Cottonwood Meadows Apts in East End drf.docx 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. Page 2 of 15 KAPlanning Dept\Eagle ApplicationADA2016WR-42-16 Cottonwood Meadows Apts in East End drf.docz COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use BP (Business Park) Pasture Proposed Commercial & C -2 -DA (Commercial- General Senior Apartment Mixed Use Business with a Development Complex Agreement) MU -DA (Mixed Use with a Development Agreement) North of site Commercial & C-2 (Commercial- General Business) Manufactured Homes, Mixed Use MU -DA (Mixed Use) Industrial Flex Space, Clock Tower Retail Center South of site Mixed Use MU -DA (Mixed Use with a Tennis Club Plaza (under development agreement) construction) East of site Mixed Use BP (Business Park) Manufactured Home Park, ABC Seamless Siding West of site Downtown MU -DA (Mixed Use with a Office, Commercial, Retail development agreement) Center G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 2 of 15 KAPlanning Dept\Eagle ApplicationADA2016WR-42-16 Cottonwood Meadows Apts in East End drf.docz I. SITE DATE: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.85 -acres (80,586 -square feet) N/A Percentage of Site Devoted to Building Coverage 25% (approximately) 92% (maximum) Percentage of Site Devoted to Landscaping 23% (approximately) 10% (minimum) Number of Parking Spaces 72 -total parking spaces 16 -on-site spaces 30 -covered spaces 18 -garage spaces 8 -on -street parking spaces 72 -parking spaces (minimum)* Front Setback 2.5 -feet (North — East State Street) 2 -feet (minimum) Rear Setback 32.5 -feet (South) 0 -feet (minimum) Side Setback 12 -feet (East — East McGrath Road) 10 -feet (minimum) Side Setback 7.5 -feet (West) 0 -feet (minimum) *Note: Based on 1.5 -spaces per dwelling unit inclusive of 1 covered space Der dwelline unit as reouired within rhe development agreement. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) residential apartment building, three (3) buildings for garages, and three (3) covered parking structures. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately forty foot (40') high three-story residential apartment building. The garage buildings are proposed to be fifteen feet (15') in height and the covered parking structures are proposed to be thirteen feet (13') in height. Gross Floor Area of Proposed Buildings: Residential apartment = 66,866 -square feet total. First floor — 19, 806 -square feet Second floor — 19,620 -square feet Third floor —16,994 -square feet Garage buildings = 4,416 -square feet total (all three buildings) Covered parking structures = 6,040 -square feet total (all four structures) On and Off -Site Circulation: A 20,076 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 26 -foot wide driveway is proposed in the southern portion of the site providing access to a new east/west shared access road located within East End Marketplace. One 26 -foot wide driveway is Page 3 of 15 KAPlanning Dept\Eagle ApplicationADA2016MR-42-16 Cottonwood Meadows Apts in East End drf.docx located on the west property line providing access to a new north/south access road which provides access to East State Street. K. BUILDING DESIGN FEATURES: Roof: 30 year Composite Shingles (Weathered Wood) Walls: Fiber Cement Lap Siding, Board Batten Siding, and Shingle Siding (Snow Fall/Esst. Gray, Essential Gray, Mink), Ledgestone Veneer (Grand Mesa Country) Windows/Doors: Vinyl windows/hollow metal doors (Snow Fall) Fascia/Trim: Fiber Cement Trim (Black Bean), Exposed Timbers/beams/soffits (New Ebony/Rustic Gray) 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 street trees along East State Street were reviewed and approved with the common area landscaping within East End Marketplace (DR -06-16). 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 parking lot. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One (1) 228 -square foot trash enclosure is proposed to be located near the southwest corner of the residential apartment building. 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 building. N. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the building and a combination parapet wall/roof system. Ground mounted mechanical units are proposed around the perimeter of the building. The ground mounted mechanical units are proposed to be screened by screen walls constructed to match the materials used in the construction of the residential apartment building. 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. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, and Eagle Sewer District have 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 Page 4 of 15 KAPlanning DeptkEagie Apphcations\Dt12016\DR-42-16 Cottonwood Meadows Apts in East End drf.docx building permit. R. PUBLIC USES PROPOSED: None. S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Tesoro Logistics NW Pipeline 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: 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 20 units per 1 acre. Commercial Suitable primarily for the development of a wide range of commercial activities including office, retail and Service establishments. Uses should complement Downtown Eagle. Page 5 of 15 KAPlanning Dept\Eagle ApplicationADA2016WR-42-16 Cottonwood Meadows Apts in East End drf.docx 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, and the design review board shall consider: b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8-2A-7(J)(4)(a) Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 The total number of residential units on the Property (within area zoned MU -DA) shall not exceed 48 -units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.4 The Setbacks for the Multi -Family units shall be as follows: North Property Line (East State Street): 2 -feet South Property Line 10 -feet East Property Line (East McGrath Road) 10 -feet West Property Line (Commercial Area) 10 -feet 3.5 Owner shall provide landscaping located between East State Street and the multi -family building commensurate with planting requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application or prior to the issuance of any building permits, whichever occurs first. Page 6 of 15 KAPlanning Dept\Eagle ApplicationAD62016WR-42-16 Cottonwood Meadows Apts in East End drf.docx 3.6 The proposed building height of the multi -family structure shall not exceed 40 -feet in height as shown on the submitted building elevation (Exhibit D). 3.7 The multi -family building shall be constructed utilizing a "Craftsman" style of architecture similar, but not limited to, the architecture shown on Exhibit D. The commercial/retail buildings shall be constructed utilizing a style architecture as shown on Exhibit E. The multi -family building and commercial buildings shall be designed utilizing four-sided architecture. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for the multi -family building and commercial/retail buildings. 3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located adjacent to State Highway 44 and East Edgewood Lane. The public sidewalk shall be constructed prior to issuance of a Certificate of Occupancy for the first structure on the site. The specific location and design of the sidewalk shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The public sidewalk shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located. 3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule of Parking Requirements; except that, the senior housing shall be permitted 1.5-space/dwelling unit inclusive of one (1) space covered/dwelling unit. 3.20 Owner 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. Eagle acknowledges the applicant is applying for an access point to South Edgewood Lane and, if the applicable transportation agency with jurisdiction approves the access point, the City acknowledges the access point as approved can be incorporated into the design of the project. D. DISCUSSION: The applicant is requesting design review approval to construct one (1) residential apartment building, three (3) garages, and four (4) covered parking structures. The applicant's justification letter indicates the architectural style of the buildings is Northwest Craftsman style as indicated within the EASD book and pursuant to the development agreement associated with East End Marketplace. The residential apartment building is three (3) stories and forty feet (40') in overall height. A variety of materials and colors are proposed on the exterior of the residential apartment building and the building has planner change throughout the perimeter of the building; however, staff is concerned that there are large tall walls that are located adjacent to sidewalk areas that have plant material proposed at the base of them that will only reach a height of one foot (1'). Staff defers comment regarding the massing of the building to the Design Review Board. Sheet L1.1, date stamped by the City on July 21, 2016, shows a four foot (4') high berm to be located between the residential apartment building and the separated sidewalk along East State Street. The landscape plan shows nine (9) deciduous trees and nine (9) evergreen trees to be located between the building and the separated sidewalk (excluding the required street trees to be located between the back of curb and the separate sidewalk along East State Street). Pursuant to the development agreement, the applicant is required to provide landscaping between East State Street and the multi -family building that is commensurate with the planting requirements of Eagle City Code Section 8-2A-7(J)(4)(a). There is approximately three hundred (300) linear feet of frontage along East State Street which would require a total of twelve (12) deciduous trees and Page 7 of 15 KAPlanning DeptlEagle ApplicationsWA20161DR-42-16 Cottonwood Meadows Apts in East End drf.docx fifteen (15) evergreen trees to be in compliance with Eagle City Code Section 8-2A-7(J)(4)(a). The applicant should be required to provide a revised landscape plan showing a minimum of twelve (12) deciduous trees and fifteen (15) evergreen trees to be planted between the building and the separated sidewalk along East State Street. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. Sheet DR1.0, date stamped by the City on July 21, 2016, show sixty five (65) total parking spaces to be constructed on this site (16 -on-site spaces, 30 -covered spaces, 18 -garage spaces). This plan also shows eight (8) parking spaces to be located on the new north/south East McGrath Road. Pursuant to the development agreement, the senior housing is permitted 1.5 -parking space per dwelling unit inclusive of one (1) space covered space per dwelling unit. Based on the aforementioned calculation, this project is required to provide seventy two (72) total parking spaces (48 -total covered parking spaces). On August 17, 2016, staff discussed the on -street parking the applicant is proposing along the new East McGrath Road with ACRD. Pursuant to ACHD, any parking proposed within the public may not be counted toward the required parking for a development. The applicant should be required to provide a revised site and landscape plan showing a total of seventy two (72) parking spaces on this site. The revised site and landscape plan should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. • A 26 -foot wide driveway is proposed in the southern portion of the site providing access to a new east/west shared access road proposed to be located within East End Marketplace. The property line for the apartment complex goes to the center of the new east/west shared access road. The applicant should provide a site and landscape plan showing the new east/west access road, located on the south property line, paved the entire length of this property and a full 26 -feet in width. The site and landscape plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. Sheet E1.0, date stamped by the City on July 21, 2016, indicates the historic light fixtures along East State Street and East McGrath Road are to be powered by City power. The applicant should be required to provide a revised electrical plan showing the historic lights proposed along East State Street and East McGrath Road are to be powered by the East End Marketplace development. The revised electrical plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. On April 14, 2016, the Eagle Design Review Board approved a design review application for the common area landscaping within East End Marketplace. The common area landscape plan showed the perimeter landscaping proposed along East State Street, South Edgewood Lane, and State Highway 44 and the landscaping proposed adjacent to the common access driveways proposed within the development. The common area landscaping within East End Marketplace (along East State Street, South Edgewood Lane, and State Highway 44), the common access driveways, and the 10 -foot wide public sidewalk (along South Edgewood Lane and State Highway 44) should be complete prior to the issuance of a certificate of occupancy for the residential apartment facility. There are overhead powerlines located along the east property line and along North Edgewood Lane and some overhead cable and telephone lines located along McGrath Road. Pursuant to Eagle City Code, Cable, electrical, and telephone service systems are to be installed underground. The applicant should be required to provide revised site and civil sheets showing all overhead powerlines, cable, and telephone service systems to be installed underground. The revised site and civil sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 8 of 15 KAPlanning DeptTagle ApplicationADA2016WR-42-16 Cottonwood Meadows Apts in East End drf.docz • 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 August 25, 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 (Sayer absent) to approve DR-42-16 for a design review application to construct an apartment facility within East End Marketplace for The Pacific West Communities, Inc., with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added and text shown with strike thru to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-11-15. 2. Comply with all applicable conditions of DR-06-16. 3. Provide a revised landscape plan showing a minimum of twelve (12) deciduous trees and fifteen (15) evergreen trees to be planted between the building and the separated sidewalk along East State Street. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 4. P-Fevide a mvised site and landseape plan showing a total ef sewnty two (72) paFkiHg spa6es eft this site. The revised site and landseape plan shall be reviewed and appr-eved by staff and twe+2) TY1PillbeFs of the Design Review to the :ssuanee F •r . 5. Provide a site and landscape plan showing the new east/west access road, located on the south property line, paved the entire length of this property and a full 26 -feet in width. The site and landscape plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Provide a revised electrical plan showing the historic lights proposed along East State Street and East McGrath Road are to be powered by the East End Marketplace development. The revised electrical plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. The common area landscaping within East End Marketplace (DR -06-16) (along East State Street, South Edgewood Lane, and State Highway 44), the common access driveways, and the 10 -foot wide public sidewalk (along South Edgewood Lane and State Highway 44) shall be complete prior to the issuance of a certificate of occupancy for the residential apartment facility. 8. Provide revised site and civil sheets showing all overhead powerlines, cable, and telephone service systems to be installed underground. The revise site and civil sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. Page 9 of 15 KtPlanning DeptEagle ApplicationADA2016MR-42-16 Cottonwood Meadows Apts in East End drf.docx 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 14. No signs are proposed with this application and none are approved. 15. Provide elevation plans showing how the roof drainage is to be handled and the specific materials colors, dimensions, etc. to be used in the construction of the trash enclosure The revised elevation plans shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide a revised landscape plan showing a greater distribution of evergreen trees and mix throughout the landscape plan. The plan shall show greater undulation in the planter beds adjacent to the building with regard to height and depth of plant material to help minimize the overall scale of the three (3) story building. The revised landscape plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate 17. Provide a revised landscape plan showing taller and columnar trees at the south and west ends of the building. The revised landscape plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate 18. Provide a revised elevation plan showing a four foot (4') wainscot to be added to the pop outs for the storage areas of the building on all building elevations The revised elevation plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 19. Provide revised building elevations showing the posts for the balconies increased in size the trim around the windows and the beams within the gable ends to be more substantial in size The revised building elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate 20. Provide a revised site plan and building elevation plan showing the locations and how the gas meters and electric meters are to be screened from view. The revised site and building elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 21. Provide a revised site plan showing the patio area increased in size Provide revised elevation1p ans showing a larger cover for the patio. The revised site and elevation plans shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 22. Provide documentation from ACHD that McGrath Road has been vacated prior to the issuance of a building permit. 23. Provide a revised site plan showing no ground mounted mechanical units around the base of the building. Provide revised elevation plans and a roof plan showing the mechanical units to be completely screened from view by the building mansard roof, parapet wall etc The revised site elevation, and roof plans shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate 24. Provide detailed elevations of the covered parking structures The structures shall be designed to protect the support columns from vehicular damage The detailed elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. Page 10 of 15 KAPlanning Dept\Eagle ApplicationADt12016\DR-42-16 Cottonwood Meadows Apts in East End drf.docx 25. Provide a detailed color board showing material samples and colors proposed to be used in the construction of the apartment facility. The color board shall be reviewed and approved by staff and two (2) members 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. 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 and 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. S. 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 Page 11 of 15 KAPlanning Dept\Eagle ApplicationADA2016OR-42-16 Cottonwood Meadows Apts in East End drf.docx 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 issuance of any 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 be 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 fust. 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. Page 12 of 15 KAPlanning Dept\Eagle Applications\DrU0160R-42-16 Cottonwood Meadows Apts in East End drf.docx 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ 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. Page 13 of 15 KAPlanning Dept\Eagle Applications\Dt\2016\DR-42-16 Cottonwood Meadows Apts in East End drf.docx CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -42-16) 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. The Board reviewed the particular facts and circumstances of the proposed design review (DR -45-16) in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and an apartment facility is permitted with the approval of a design review application within the MU (Mixed Use) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the building is designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for an apartment facility as required within the development agreement and the drive aisles have been design in conformance with Eagle City Code 8-4-5; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed building has been designed with quality materials and similar features proposed on other buildings within the development and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed building has been designed with quality materials and similar features proposed on other buildings within the development and is in conformance with the Eagle Site and Architecture Design manual; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height restrictions as specified within the development agreement; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the applicant has complied with the pathway plan specified within the development agreement with regard to pedestrian circulation and the parking lot has been design with connectivity to the adjacent sites; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the site has been designed in compliance with the development agreement showing interconnectivity of pathways throughout the development; and I. Will have signs, if proposed, that are harmonious with the architectural design of the building and adjacent buildings, and will not cover or detract from desirable architectural features. Page 14 of 15 KAPlanning Dept\Eagle ApplicationADA2016WR-42-16 Cottonwood Meadows Apts in East End drf.d= DATED this 81 day of September 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Coun �Id ho Id ° ,," Ro ert Grubb, Chairman ATTEST: Y, 40 V' Sharon K. Bergmann, Eagle City Clerk 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 Dept\Eagle ApplicationsWr\201MDR-42.16 Cottonwood Meadows Apts in East End drf.docz