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Findings - DR - 2017 - DR-58-15 MOD2 - Common Area Landscaping, 18 Apartment Buildings, Clubhouse, Pool, Mailbox KioskBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW OF THE COMMON AREA ) LANDSCAPING, 18 APARTMENT BUILDINGS, ) CLUBHOUSE, POOL, AND MAILBOX KIOSK ) WITHIN EAGLE LAKES SUBDIVISION ) CERTIFICATE OF OCCUPANCY PHASING FOR ) TPC BROOKLYN PARK INVESTORS, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -58-15 MOD2 The above -entitled design review application came before the Eagle Design Review Board for their action on June 22, 2017. 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: TPC Brooklyn Park Investors, LLC, represented by Don Slattery, is requesting design review approval to complete the common area landscaping, eighteen (18) apartment buildings, clubhouse, pool, and mailbox kiosk buildings within Eagle Lakes Subdivision in four (4) phases. The 75 -acre site is located on the south side of State Highway 44, approximately 1,129 -feet west of the intersection of State Highway 55 and State Highway 44 at 2401 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 23, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 5, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lake Subdivision (RZ-10-15 and PP -07-15). On January 14, 2016, the Eagle Design Review Board approved a design review application for the common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes Subdivision (DR -58-15). On January 14, 2016, the Eagle Design Review Board approved a design review sign application for a subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15). On January 12, 2017, the Eagle Design Review Board approved a design review modification to modify the common area landscaping, location of eighteen (18) apartment buildings, and clubhouse within Eagle Lakes Subdivision (DR -58-15 MOD). On January 30, 2017, Eagle City Staff approved a lot line adjustment (LLA -01-17). On June 9, 2017, Eagle City Staff approved a flood plain development permit (FPDP-01-15). On June 13, 2017, the Eagle City Council approved a final plat application for Truman Cove Page 1 of 15 K:\Planning Dept\Eagle Applications \Dr\2015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drfdocx Subdivision No. 1 (FP -O1-17). E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use, Floodway, and Scenic Corridor Proposed No Change MU -DA (Mixed Use with Development Agreement) No Change North of site Business Park BP (Business Park) and MU (Mixed Use) South of site Floodway and Eagle RP (Rural Preservation — Island Special Use Area Ada County designation) East of site Mixed Use, Floodway, MU (Mixed Use) and Scenic Corridor West of site Mixed Use, Floodway, MU -DA (Mixed Use) and Scenic Corridor Vacant parcel Mixed use development including commercial, retail, single-family, multi -family residential. State Highway 44, mobile home park, and office building Boise River and vacant parcel Concrete business (Idaho Concrete Company) Tennis Club Plaza and Renorvare Subdivisions G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is currently undeveloped. Page 2 of 15 K:\Planning Dept\Eagle Applications0r\20I5\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx I. SI'Z'E DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted to Landscaping Number of Parking Spaces Front Setback Rear Setback Side Setback Side Setback PROPOSED 2.81 -acres (122,404 -SF) 35% (approximately) REQUIRED N/A 92% (maximum) 15% (approximately) 10% (minimum) 20 -parking spaces (48 -parking spaces within the building) 68 -total 40 -feet (Northeast) 46.5 -feet (South) 4 -feet (Northwest) 27.5 -feet (Southeast) 68 -parking spaces (minimum)* 0 -feet (minimum) 0 -feet (minimum) 0 -feet (minimum) 0 -feet (minimum) *Note: Setbacks measured from the property line to the closest building. **Note: Based on 1.85 -parking spaces/unit for phase 1 and 1.80 -parking spaces/unit for phase 2. J. GENERAL SII h, DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct nineteen (19) buildings; 18 -residential apartments and 1 - clubhouse. Height and Number of Stories of Proposed Buildings: The apartment buildings will not exceed forty-one feet (41') in height and the clubhouse is proposed to be twenty-two and nine and one half inches (22' 9'/") in height. Gross Floor Area of Proposed Buildings: Building Type 1 = Building Type 2 = Building Type 3 = Building Type 5 = First Floor - Second Floor - Third Floor - Total - First Floor - Second Floor - Third Floor - Total - First Floor - Second Floor - Third Floor - Total - First Floor - 5,038 -SF 5,331 -SF 5.331 -SF 15,700-SF/ea x 8 = 125,600 -SF 9,958 -SF 10,543 -SF 10.543 -SF 31,044-SF/ea x 2 = 62,088 -SF 8,983 -SF 9,545 -SF 9.545 -SF 28,073-SF/ea x 5 = 140,365 -SF 3,627 -SF Page 3 of 15 K:\Planning Dept\Eagle Applications \Dr\2015\DR-58-I5 MOD2 Eagle Lakes Bldg and LS phasing drf.docx Second Floor - 3,805 -SF Third Floor - 3.805 -SF Total - 11,237-SF/ea x 3 = 33,711 -SF Clubhouse = First Floor - 4,489 -SF Second Floor - 1.996 -SF Total - 6,485 -SF On and Off -Site Circulation: A 167,460 -square foot (approximately) paved parking lot provides parking for vehicles using this site. Two 50 -foot wide driveways are proposed to be located on the north side of this site approximately 110 -feet and 630 -feet west of the east property line providing access to East Riverside Drive. K. BUILDING DESIGN FEATURES: Roof: Composite shingle (Pabco "Pewter Gray") Walls: Fiber Cement Hardi Panel with Batt and Board Accents/Lap siding/Board and Batten Siding (Sherwin Williams - Decor White, Porpoise, Zeus, Down Home, Weathered Shingle), Ledgestone (Eucalyptus) Windows/Doors: Vinyl and Fiberglass (White) Fascia/Trim: Fiber Cement (Snowbound) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed to be located along all public and private roads within this development. 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 entire parking area of the apartments. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: Five (5), 228 -square foot trash enclosures are proposed to be located throughout the development. The enclosures are proposed to be constructed of split face CMU walls. The gates are proposed to be metal and painted to complement the colors used on the buildings. N. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be located within wells in the roof area and completely screen from view by the roof. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. Page 4 of 15 K:\Planning Dept\Eagle Applications\Dr12015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf docx P. SIGNAGE: No signs are proposed with this application. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None. S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — Yes — See Environmental Assessment Plan Evidence of Erosion — None identified to date Fish Habitat — Yes — Boise River and ponds located on-site Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP-01-15) Mature Trees — Yes — Located adjacent to the existing residence and within the floodway area Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes — None identified to date Stream/Creek Yes — Boise River Unique Animal Life — None identified to date Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds Unstable Soils — None identified to date Wildlife Habitat — Yes — Located adjacent to the Boise River U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Central District Health Department Eagle Fire Department Tesoro Logistics NW Pipeline W. LE YI ERS 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 10, 2015), designates this site as the following: 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. Floodway Page 5 of 15 KAPlanning Dept\Eagle Applications \Dr\2015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation show shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The total number of residential units on the Property shall not exceed 321 -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. 3.7 The proposed building height of the multi -family structures shall not exceed 41 -feet in height as shown on the submitted building elevations. 3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (center landscape islands, street trees, pool, poolhouse, and, children's play areas) shall be required design elements as part of the final design for the site. 3.12 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture as shown on Exhibit D. The multi -family dwellings shall be constructed utilizing "Craftsman" style architecture as shown on Exhibit E. Commercial/retail buildings, multi -family residential buildings, and pool house shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance Page 6 of 15 K:\Planning Dept\Eagle Applications \Dr12015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx of building permits for commercial/retail buildings, multi -family residential units, pool house, pumphouse for irrigation, and gazebos. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, fire pits, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved regional pathway along the Boise River. The public pedestrian and bicycle access shall be reviewed and approved by the Eagle Parks and Pathway Development Commission prior to submittal of a Design Review application. The revised preliminary plat shall be submitted prior to submittal of a Design Review application. 3.19 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 asphalt public pathway along the portion of the Property located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The asphalt pathway 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 pathway is located. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. 3.20 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. The public sidewalk shall be constructed concurrently with Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway 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 Page 7 of 15 K:\Planning Dept\Eagle Applications\DA2015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx 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. 3.21 Owner shall provide a parking analysis for the multi -family units and the commercial buildings at the time of submittal of a design review application. 3.22 The parking ratio for the multi -family residential units shall be 1.85 spaces/unit for the northern development area and 1.80 spaces/unit for the southern development area (as shown on Exhibit E) unless the Design Review Board determines that additional parking is needed at the time of approval of a design review application. C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 Page 8 of 15 K:\Planning Dept\Eagle Applications\Dt\20I5\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drEdocx 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. E. DISCUSSION: • On January 14, 2016, and January 12, 2017, the Eagle Design Review Board approved a design review application for the common area landscaping, eighteen (18) apartment buildings, clubhouse, mailbox kiosk, and covered parking structures for Eagle Lakes Subdivision (DR -58- 15 and DR -58-15 MOD). 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 apartment buildings, clubhouse, mailbox kiosk buildings, covered parking structures, etc. located within Eagle Lakes Apartment complex in four (4) phases. Pursuant to the applicant's justification letter, date stamped by the city on May 24, 2017, each phase is to be completed within two to three (2 to 3) months of each other. Construction fencing will be placed around the perimeter of each phase in order to keep the resident's safe. The site plan and landscape plan, date stamped by the city on May 23, 2017, show the extent to where the parking, sidewalk, and landscape improvements will be completed with each phase. The applicant is proposing phase 1 (shown in blue) to include the main access drive into the site from East Riverside Drive, five (5) apartment buildings, the clubhouse, the mailbox kiosk, drive aisles, adjacent parking, covered parking structures, and the trellis structures located near the pool and within the common areas of this phase. Phase 2 (shown in grey) will include the second entrance from East Riverside Drive, five (5) apartment buildings, covered parking structures, drive aisles, adjacent parking, and a trellis structure in the common area. Phase 3 (shown in yellow) will include four (4) apartment buildings, drive aisles, adjacent parking, and parking structures. Phase 4 (shown in green) will include four (4) apartment buildings, drive aisles, adjacent parking, and parking structures. 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 22, 2017, 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 (Koci absent) to approve DR -58-15 MOD2 for a design review application to construct the common area landscaping, 18 apartment buildings, clubhouse, pool, and mailbox kiosk within Eagle Lakes Subdivision certificate of occupancy phasing for TPC Brooklyn Parks Investors, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions within the development agreement for rezone application RZ- 10-15. 2. Comply with all applicable conditions of the floodplain development permit FPDP-01-15. Page 9 of 15 KAPlanning Dept\Eagle Applications'Dr\20l5\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx 3. Comply with all applicable conditions of the final plat for Truman Cove (FP -O1-17). 4. Comply with all applicable conditions of DR -58-15 and DR -58-15 MOD. 5. The street improvements, common area landscaping, and street trees along East Riverside Drive, Ancona Avenue, and State Highway 44 shall be installed pursuant to the approved landscape plan, date stamped by the City on November 9, 2015, within DR -58-15 and prior to the issuance of a certificate of occupancy. 6. Provide a revised phasing plan showing the street improvements, common area landscaping, and street trees along East Riverside Drive, Ancona Avenue, State Highway 44, all pathways, and pond landscaping to be included in phase one. The revised phasing plan shall be reviewed and approved by staff prior to the issuance of a building permit. 7. All building and site lighting located within each phase shall be installed and operational prior to the issuance of a certificate of occupancy for any structures located within said phase. 8. All trash enclosures within each phase shall be constructed prior to the issuance of a certificate of occupancy for any structures located within said phase. 9. A letter from the architect stating that the buildings have been constructed in substantial compliance with the approved architectural plans for each phase shall be submitted to the city prior to the issuance of a certificate of occupancy. This letter shall be signed by a licensed architect. 10. A letter from the landscape architect stating that the landscaping has been installed in substantial compliance with the approved landscape plans for each phase shall be submitted to the city prior to the issuance of a certificate of occupancy. This letter shall be signed by a licensed landscape architect. 11. A letter from the design engineer stating the grading and drainage has been completed in substantial compliance with the approved civil/engineering plans for each phase shall be submitted to the city prior to the issuance of a certificate of occupancy. This letter shall be signed by a registered professional engineer. 12. Upon completion of the construction of this development and prior to certificate of occupancy for any structures, an as built shall be provided showing the required pathways in relation to the required easements. 13. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 14. 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. 15. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 16. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 17. No ground mounted mechanical units are proposed with this application and none are approved. 18. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 19. 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 10 of 15 K:\Planning Dept\Eagle Apptications\Dr2015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.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 11 of 15 K:\Planning Dept\Eagle Applications \Dt\20I5\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.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 12 of 15 K:\Planning Dept\Eagle Applications\Dr\2015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drfdocx 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 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 -58-15 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. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Page 13 of 15 K:\Planning Dept\Eagle Applications \Dr\2015\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx 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 apartment buildings are permitted with the approval of a design review application within the MU -DA (Mixed Use with 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 buildings are 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 as set forth in 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 apartment buildings and clubhouse have been designed with quality materials and similar features utilized on other buildings within the area 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 buildings have been designed with quality materials and similar features utilized on other buildings within the city 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 buildings are in conformance with the required setbacks and height restrictions; 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 requirements of the Eagle Parks and Pathway Development Committee 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 with interconnecting pathways throughout the site; 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 since the signage is designed in conformance with Eagle City Code. DATED this 13th day of July 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Fo Robert rubb, Chairman Page 14 of 15 K:\Planning Dept\Eagle Applications\DtM 15\DR-58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx Al lES C. Sharon K. Bergmann, Eagle City Clerk Y Page 15 of 15 K:\Planning Dept\Eagle Applications\Dt12015\DR 58-15 MOD2 Eagle Lakes Bldg and LS phasing drf.docx