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Findings - CC - 2022 - DR-68-19 MOD - Modification To The Common Area Landscaping Within Stadium View Center To Include Phasing BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MODIFICATION ) TO THE COMMON AREA LANDSCAPING ) WITHIN STADIUM VIEW CENTER TO ) INCLUDE PHASING FOR MARGIE AND ) JERRON PORCHIA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-68-19 MOD The above-entitled design review application came before the Eagle City Council for their action on July 26, 2022. The Eagle City Council 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: Margie and Jerron Porchia are requesting design review approval for a modification to the approved Stadium View Center common area landscaping to allow the landscaping to be phased with the construction of the buildings [two commercial and three residential]. The 2.56-acre site is located on the west side of North Horseshoe Bend Road approximately 1,030-square feet north of East Hill Road at 10201 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 6, 2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 10,2022,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 22, 2019, the City Council approved a rezone from R-1 (Residential) to C-1-DA (Neighborhood Business District with a development agreement [in lieu of a conditional use permit]) to allow for retail, restaurant, and residential uses (3-townhomes, 2 single-family dwellings, and 4- residential condominiums [located within the commercial building])(RZ-07-19). On August 11, 2020, the City Council approved a design review application for the common area landscaping within Stadium View Center, including a three-story, multi-tenant retail/restaurant/office/residential(4-units)building(DR-68-19). On August 11, 2020, the City Council approved a design review application for a 5,032-square foot multi-tenant office/retail building(DR-93-19). On August 11,2020,the City Council approved a design review application for one townhome building (3-units)and two single-family dwellings within Stadium View Center(DR-94-19). On March 4, 2022, the City approved an extension of time for the common area landscaping within Stadium View Center, including a three-story, multi-tenant mixed use (commercial and residential — 4units)building(EXT-01-22). Page 1 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx On March 4, 2022, the City approved an extension of time for a 5,032-square foot multi-tenant office/retail building within Stadium View Center(EXT-02-22). On March 4, 2022, the City approved an extension of time for one townhome building (3-units) and two single-family dwellings within Stadium View Center(EXT-03-22). E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-1-DA(Neighborhood Single-family dwelling Business District with a (current) development agreement) Proposed No change No change Office/retail/restaurant/ and residential(approved) North of site Commercial C-3 (Highway Business Single-family dwelling and District) a contractor's yard South of site Professional BP(Business Park) Vacant property Office/Business Park East of site Neighborhood R2 (Residential—Ada County Single-family residential Residential/Public/Semi- designation)and RP(Rural subdivision(Bonita Hills Public Preservation—Ada County Subdivision)and a designation) cemetery West of site Professional Office/ BP(Business Park) Vacant property Business Park G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: There is an existing house,garage,and four accessory buildings on the site that will be removed. There are mature trees throughout the site that the applicant is proposing to remove. Page 2 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-I9 MOD\Stadium View Center LS Phasing Plan ccf.docx J. SITE DATA: No Change. SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.56-acres(111,513-square feet) 2,000-square feet(minimum) Percentage of Site Devoted 35%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 33%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 124-parking spaces total 124-parking spaces(minimum)* 89-parking spaces 9-parking spaces(residential— (parking lot) including 4 covered spaces) 35-parking spaces 1-parking spaces(storage) (parking garage—covered) 114-parking spaces (commercial—TBD) Front Setback(South) 103-feet 15-feet(minimum) Rear Setback(North) 38-feet 0-feet(minimum) Side Setback(West) 180-feet 0-feet(minimum) Street Side Setback(East) 15-feet 10-feet(minimum) *Note:Total required parking is for the entire development. K. PARKING ANALYSIS: No Change. Gross Floor Area of Proposed Multi-tenant office/retail/restaurant/residential building: 29,860-square feet(including 17,043-square feet of commercial uses) Proposed Parking Spaces: 124 Required Parking Spaces(estimated per use requirements in Eagle City Code): 9,for 4-units(2 bedroom)using 2 parking spaces including 1 covered and 0.25 spaces per unit for guest parking for units with 2 or more bedrooms 77, for 11,471-square feet using 1 parking space per 150-square feet for restaurant* 85,for 17,043-square feet using 1 parking space per 200-square feet for banks/financial institutions(no drive-up service)and office, medical and dental 68,for 17,043-square feet using 1 parking space for 250-square feet for food and beverage sales,office, business and professional, health clubs, spas, and weight reduction salons, personal improvement, personal services,and retail sales* 43, for 17,043-square feet using 1 parking space for 400-square feet for printing and blue printing 1, for 234-square feet using 1 parking space for 1,000-square feet for storage *A maximum of 11,471-square feet of restaurant and 17,279-square feet of retail/office is permitted per the development agreement. Page 3 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx L. GENERAL SITE DESIGN FEATURES: No Change. Number and Uses of Proposed Buildings: The applicant is proposing to construct one building to be utilized as a multi-tenant mixed use (commercial and residential—4 units)building and one maintenance building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 35-foot tall,three-story building and an 11-foot tall,single story maintenance building. Gross Floor Area of Proposed Buildings: The proposed multi-tenant office/retail/restaurant/residential building is approximately 48,131-square feet(including the first floor parking garage) 1 S1 floor— 18,271-square feet 2nd floor— 16,355-square feet 3rd floor— 13,505-square feet Total— 48,131-square feet The proposed maintenance building is approximately 234-square feet. On and Off-Site Circulation: A 38,389-square foot(approximately)paved parking lot and 19,310-square foot parking garage provide parking for vehicles using this site. One 24-foot wide shared driveway is located on the north property line and one 24-foot wide driveway is located near the southeast corner of the site. Both driveways provide access to North Horseshoe Bend Road. M. BUILDING DESIGN FEATURES: No Change. Three-story building: Roof: TPO(Gray) Walls: Stucco (Tiny Brook Blue, Frosted Briarwood Green), Cultured Stone Veneer(Beach Pebble), Fiber Cement Lap Siding(Universal Grey), Windows/Doors: Aluminum (anodized black), Fascia/Trim: Stucco(Aria) Maintenance Building: Roof: TPO(Gray) Walls: Horizontal Fiber Cement Lap Siding (Northern Green Woods, Dover Grey), Cultured Stone Veneer(Beach Pebble), Windows/Doors: Wood(Dover Grey) Fascia/Trim: Fiber Cement(Northern Green Woods) Page 4 of 15 K\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx N. LANDSCAPING DESIGN:No Change. Retention of Existing Trees and Preservation Methods: There are 32 existing trees on the site that the applicant is proposing to remove. Trees to be removed are trees that encroach upon the buildings, are located within the development infrastructure, are damaged/dying, or undesirable specie. Below is a list of all existing trees to be removed identified by species, size, condition, and required replacement inches as identified on Sheet LSP-104, date stamped by the City of June 12,2020. Retaining/Re Tree Specie Caliper Condition Replacement moving inches/height MT-101-104 Removing Poplar 6", 4", 8", 8" Damage/Dying 0" MT-105 Removing Poplar 6" Dead 0" MT-106-107 Removing Poplar 8", 7" Damaged/dying 0" MT-108 Removing Poplar 9" Dead 0" MT-109-111 Removing Alder 21.5"each Damaged/dying 0" MT-112 Removing Poplar 4.5" Dead 0" MT-113 Removing Poplar 9" Alive 0" MT-114 Removing Poplar 4.5" Dead 0" MT-115-117 Removing Poplar 8", 10", 10" Alive 0" MT-118 Removing Poplar 7" Dead 0" MT-119 Removing Poplar 16.5" Damaged/Dying 0" MT-127 Removing Pine Unknown height Diseased 0' MT-128 Removing Cedar 40' Alive 40' MT-129 Removing Pine Unknown height Diseased 0' MT-130 Removing Fruit 13" Damaged/Dying 0" MT-131 Removing Spruce 30' Alive 30' MT-132 Removing Pine 30' Alive 30' MT-133 Removing London 61" Diseased 0" Plane MT-134, 136 Removing Juniper 20' each Alive 20' MT-137 Removing Fruit 7" Alive 7" MT-138, 142 Removing Alder 11", 14" Damaged/Dying 0" l MT-143 Removing Elm 23" Damaged/Dying 0" Total# of Total Caliper 319"caliper trees 32 Inches/Feet to 140' be Removed Total Caliper 7"caliper Inches/Feet to 140' be mitigated for Page 5 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-I9 MOD\Stadium View Center LS Phasing Plan ccf docx Tree Replacement Calculations: There are 32 existing trees on-site that the applicant is proposing to remove totaling 319-caliper inches (deciduous)and 140-feet(conifers). The majority of the trees are diseased,dead,or a specie that do not require mitigation. The total mitigation required is 7-caliper inches (3, 2" caliper trees) and 140-feet (22, 6'-7' trees). The applicant is proposing to install 25 additional trees on the site above code requirements for mitigation. If the Board approves the removal of the trees and proposed mitigation, no additional mitigation is required. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along North Horseshoe Bend Road. 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. O. TRASH ENCLOSURES: No Change. Two trash enclosures(156-square feet and 147-square feet)are proposed to be located near the southeast corner of the site. The enclosures are proposed to be constructed of CMU walls with stucco overlay and metal gates; all of which will match the materials and colors used in the construction of the buildings and residential units within the development. P. MECHANICAL UNITS:No Change. The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING:No Change. A site and parking lot light plan showing location,height, and wattage was provided. Detailed cutsheets for the proposed lighting were received and comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE:No Change. No signs are proposed with this application. A separate design review application(DR-70-19 [overall master sign plan] and DR-71-19 [3-story building master sign plan])have been submitted for the approval of signs proposed on this building and on the site. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED: None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Page 6 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx Floodplain-no Mature Trees—yes—throughout the site. Riparian Vegetation-no Steep Slopes- no Stream/Creek-no Unique Animal Life-no Unique Plant Life- no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. X. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Eagle Fire Department Eagle Sewer District Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; 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; d. Will not interfere with the visual character, quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; 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; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; Page 7 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccfdocx 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; and i. Will have signs, if proposed, that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner shall complete the Design Review process for the site(as required by the Eagle City Code)and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the Project. As the Concept Plan evolves,the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.4 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"under the C-1 (Neighborhood Business District) zoning designation. 3.5 The three(3)residential townhomes, two(2)single-family dwellings,and four(4)residential condominiums(located within the commercial building)use shall be a permitted use on the property. 3.6 The combination of retail/office space shall not exceed 17,279-square feet. The restaurant space shall not exceed 11,471-square feet. 3.8 The required parking on site shall be in conformance with Eagle City Code Section 8-4-5 and/or Eagle City Code Section 8-4-4-3(A)(6), prior to issuance of a building permit. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, Page 8 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(A)(1): 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; b. The impact and effect of the site development plan on traffic conditions on contiguous streets and adjoining properties or neighborhoods; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and vehicle service facilities; f. The access,parking lot,and interior roadway illumination plans and hours of operation; g. The required driver, pedestrian and bicycle sight distance requirements of the project and their relationship to adjacent streets, driveways and properties; h. The coordination of the site development with planned right of way alignments, acquisitions and street improvements; i. The graphic delineation of traffic circulation patterns to avoid confusion,congestion and conflicts; j. The continued maintenance of traffic, parking and lighting systems; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. D. DISCUSSION: • On August 11, 2020,the City Council approved a design review application for the common area landscaping within Stadium View Center, including a three-story,multi-tenant mixed use (commercial and residential—4-units)building(DR-68-19).No changes to the common area landscaping,amenities, building architecture, etc. are proposed with this application. The applicant is requesting design review approval to obtain certificate of occupancies for the three- story multi-tenant building,one-story multi-tenant building,townhome building, and single- family residential buildings located within Stadium View Center in three phases. Pursuant to the applicant's justification letter, date stamped by the City on May 6, 2022,the project is proposed to be constructed in three phases with phase one completed by December of 2022,phase two completed by October 2023, and phase three completed by September of 2024. The phasing plan, date stamped by the City on January 6, 2022, shows the extent to where the parking, sidewalks, and landscape improvements will be completed within each phase. Phase 1 (shown in light green) includes: o streetscape south of the southern drive aisle adjacent to North Horseshoe Bend Road Page 9 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-I9 MOD\Stadium View Center LS Phasing Plan ccf docx o maintenance building o townhome building o two single family residences o central mailbox o a drive aisle that includes a fire truck turn around Phase 2(shown in orange) includes: o remaining streetscape north of the southern drive aisle adjacent to North Horseshoe Bend Road o a portion of the northern drive aisle o 26-parking spaces o demo of the existing home and structures o signage o one-story building Phase 3 (shown in light blue) includes: o remainder of the northern access drive into the site from North Horseshoe Bend Road o 98-parking spaces [63-parking spaces within the parking lot and 35-parking spaces within the first floor of the three-story building] o bury power lines o signage o three-story multi-tenant mixed use building. Based on past action by the Board and Council, staff is recommending the entire frontage along North Horseshoe Bend Road(8-foot planter strip, 5-foot sidewalk, and 5-feet back of sidewalk) be completed within phase one. In addition,phase one includes a townhome building which requires a minimum of 1-guest parking space,the existing house will need to be demoed(based on the approved number of units in the development agreement)and power lines buried, and poles removed in phase one. The applicant should be required to provide a revised phasing plan showing the entire frontage along North Horseshoe Bend Road(incl. 8-foot planter strip, 5-foot sidewalk, and 5-feet back of sidewalk), one guest parking space, overhead utility lines buried, and poles removed, and the existing house and structures demoed within phase one. The revised phasing plan should be reviewed and approved by staff prior to submittal of a building permit. The existing house and structures should be removed prior to issuance of a certificate of occupancy for the residential portion. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and 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, 2022, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the phasing plan with the recommended site specific conditions. Page 10 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-8-19 MOD\Stadium View Center LS Phasing Plan ccf docx BOARD DECISION: The Board voted 4 to 0(Duperault, Mihan,and Greer absent)to recommend approval of DR-68-19 MOD for a design review application for a modification to the common area landscaping within Stadium View Center to include phasing, for Margie and Jerron Porchia,with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated July 14, 2022. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 26,2022,at which time the Council made their decision. COUNCIL DECISION: The Council voted 3 to 0(Baun absent)to approve DR-68-19 MOD for a design review application for a modification to the common area landscaping within Stadium View Center to include phasing, for Margie and Jerron Porchia, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-07-19 and DR-68-19. 2. Provide a revised phasing plan showing the entire frontage along North Horseshoe Bend Road(incl. 8- foot planter strip, 5-foot sidewalk), one guest parking space, overhead utility lines buried, and poles removed,and the existing house and structures demolished within phase one. The revised phasing plan shall be reviewed and approved by staff prior to submittal of a building permit. 3. The existing house and structures shall be removed prior to issuance of a certificate of occupancy for the residential units/dwellings. 4. All power lines shall be buried, and poles removed prior to the issuance of a certificate of occupancy for the residential units/dwellings. 5. All landscaping associated with phase one shall be completed prior to the issuance of a certificate of occupancy for the residential units/dwellings. 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No ground mounted mechanical units are proposed with this application and none are approved. 11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 12. No signs are proposed with this application and none are approved. 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. Page 11 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf.docx 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. 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 Page 12 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-I9 MOD\Stadium View Center LS Phasing Plan ccf docx 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 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. Page 13 of 15 K:\Planning Dept\Eagle Applications\Dr\20I9\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx 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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations",and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and 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 changes 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 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-68-19 MOD)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 14 of 15 K:\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf docx 2. The Council reviewed the particular facts and circumstances of the proposed design review 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 a phasing plan for the common area landscaping within Stadium View Center is permitted with the approval of a design review application within the C-1-DA (Neighborhood Business District with a development agreement)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 proposed phasing plan does not change the approval of the common area landscaping,commercial buildings, and residential dwellings; 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 each phase includes the required number of parking spaces; 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; 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—Not applicable for a phasing plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; 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 each phase has the required number of parking spaces and includes sidewalks; 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 residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. DATED this 26th day of July 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jan ierce, Mayor ATTEST: `O4•.•••••pT ••.• "f : e' • • 4(A :UFO / ti �� ' Tracy E.4 rn,Eagle City Clerk S der • *•••••:.::••.0�~' ''''SRagaf•of 15 K.\Planning Dept\Eagle Applications\Dr\2019\Stadium View Center LS Phasing Plan DR-68-19 MOD\Stadium View Center LS Phasing Plan ccf.docx