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Findings - DR - 2017 - DR-32-17 - Common Area Landscaping In Tandem Ridge SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN TANDEM RIDGE SUBDIVISION FOR TANDEM RIDGE, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -32-17 The above -entitled design review application came before the Eagle Design Review Board for their action on July 27, 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: Guy Hendrickson and Greg McVay with Tandem Ridge, LLC, are requesting design review approval of the common area landscaping within Tandem Ridge Subdivision. The 1.98 -acre site is located on the east side of North Horseshoe Bend Road approximately 120 -feet south of West Goose Creek Road at 12000 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 22, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 26, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 14, 2017, the City Council approved a comprehensive plan map amendment to High Density Residential, annexation, rezone from C2 (Community Commercial — Ada County designation) to MU -DA (mixed use with a development agreement [in lieu of a conditional use permit]), and preliminary plat for Tandem Ridge Subdivision (CPA-01-16/A-07-16/RZ-12-16 & PP -07-16). E. COMPANION APPLICATIONS: None Page 1 of 14 KAPlanning Dept\Eagle Applications\Dt12017\DR-32-17 Tandem Ridge Sub LS drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing COMP PLAN ZONING DESIGNATION DESIGNATION High Density Residential (8-20 units per acre) Proposed No change North of site Public/Quasi-Public (Ada County Designation) South of site East of site West of site Public/Semi-public Public/Semi-public Residential Two MU -DA (Mixed Use with Development Agreement [in lieu of a conditional use permit]) No change RR (Rural Residential — Ada County) Public/Semi-public Public/Semi-public R -2-P (Residential Two — Planned Unit Development) LAND USE Single-family attached (duplex) residential subdivision No change Ada County Landfill Buffer Ada/Eagle Sports Complex Ada/Eagle Sports Complex Single -Family Residential 5.9 -units per acre (Eagle Crest Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SUE CHARACTERISTICS: The site is undeveloped. I. SIM. DATA: Total Acreage of Site — 1.98 -acres Total Number of Lots — 25 Residential — 24 Commercial — 0 Industrial — 0 Common—1(inclusive of private street) Total Number of Units - 24 Single-family — 24 Townhouse — 0 Multi -family — 0 J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One (1) gazebo Height and Number of Stories of Proposed Buildings: 16' 6", single -story structure Gross Floor Area of Proposed Buildings: 400 -square feet On and Off -Site Circulation: N/A K. BUILDING DESIGN FEATURES: Roof: Standing Seam Metal (Firestone `Slate Gray') Page 2 of 14 K:\Planning Dept\Eagle Applications\Dti2017\DR-32-17 Tandem Ridge Sub LS drf.docx Walls: Stucco (SW 7023 Requisite Gray) Columns: Steel (SW 7025 Backdrop), manufactured stone (Boral Southwest Blend Pro -Fit Ledgestone) Fascia/Trim: Metal Flashing (Alcoa `Charcoal Grey') L. FENCING DESIGN FEATURES: The landscape plan shows a two -rail pole wooden fence proposed around the northeast and southeast boundaries of the property to match the fencing at the Ada -Eagle Sports Complex. The landscape plan does not show any fencing proposed adjacent to all common areas and none is approved. M. 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: Street trees are proposed along Lazy J Lane and Tandem Ridge Lane. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A a. Perimeter Landscaping: N/A N. TRASH ENCLOSURES: N/A O. MECHANICAL UNITS: N/A P. 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. Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. 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 Page 3 of 14 K:\Planning Dept\Eagle Applications \Dr120ITDR-32-17 Tandem Ridge Sub LS drLdocx Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Eagle Fire Department Eagle Parks and Recreation Department Idaho Fish and Game Idaho Transportation Department Tesoro Logistics NW Pipeline X. 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: Resolution 17-05 amended the Comprehensive Plan Land Use Map (adopted February 10, 2015), to include this site and designate the site as the following: High Density Residential Suitable primarily for multi -family housing including apartments, town homes and duplexes within the urbanized setting adjacent to designated transit corridors. An allowable density of 8 to 20 units per 1 acre. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 The setbacks and lot coverage shall be as follows: Front: 10 -feet living space/8-feet garage Rear: 5 -feet Interior Side: 0 -feet Exterior Side: 5 -feet (two story), 2 -feet (Lot 1 only) Maximum Lot Coverage: 65% 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) A maintenance manual for the private streets requiring the association(s) shall have the duty to maintain and operate all of the private streets including the repair and replacement of asphalt and sidewalks, in perpetuity. Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr12017\DR-32-17 Tandem Ridge Sub LS drf.docx (c) A requirement that no parking is allowed on the private streets or on the driveway in front of the garage and a mechanism for the enforcement of the no parking requirement. (d) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. (e) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to North Horseshoe Bend Road 4) elevation plans for all proposed common area structures, clubhouse, and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat. 3.9 Prior to construction of all or a portion of the defensible space buffer (as identified on the Concept Plan, Exhibit "B") Owner shall be required to comply with the following: A. Any fencing located between Property and Ada/Eagle Sports Complex Area shall match the existing fence located on the south side of the park. B. No direct entry from the Property to the park shall be permitted with the exception of service only access located at the south end of the Property. C. Any landscaping that is required for the defensible space buffer area shall be coordinated with the City of Parks and Recreation Department. In the event the defensible space buffer area impacts any bike park features Owner will be required to work with Parks and Recreation Department staff to redesign, move, and restore the bike park feature at Owner's expense. Any proposed landscaping shall be reviewed and approved by the Design Review Board prior to installation. In the event a defensible space buffer area is constructed the Tandem Ridge Subdivision Homeowner's Association shall be responsible for the operation and maintenance of the defensible space buffer area. D. The sidewalk to be located adjacent to Horseshoe Bend Road shall connect to the existing sidewalk located south of the development. C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 5. 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 Page 5 of 14 KAPlanning DeptEEagle Applications \Dr\2017\DR-32-17 Tandem Ridge Sub LS drf.docx construction on the site. 6. The reduced buffer area located adjacent to North Horseshoe Bend Road is approved, the proposed landscaping located adjacent to North Horseshoe Bend Road shall be commensurate with landscaping requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 8. The Council approves the design of the private streets (with the exception of the proposed standard rolled curbs). The applicant shall provide a revised preliminary plat with plat note #10 revised to contain the following information: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the land, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat showing vertical curbing located adjacent to the private streets. The revised preliminary plat shall be provided prior to submittal of a final plat application. D. 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, 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(B)(3): Fences a. Block (with columns), which may include brick, rock, stone or similar veneer; b. Brick (with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. • Eagle City Code Section 8-4-4-2(A): Site and Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the Page 6 of 14 K:\Planning DeptTagle Applications\Dr?2017\DR-32-17 Tandem Ridge Sub LS drf.docx property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture (as identified in the EASD book) are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; b. Twenty-five feet (25') for parking lots with more than two hundred (200) spaces but less than five hundred (500) spaces; c. Thirty feet (30') for parking lots with more than five hundred (500) spaces; d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty (320) watts. b. The light fixture shall be no higher than seventeen feet (17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall not be permitted to have metal halide lighting. 8. Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way, required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable Page 7of14 K:\Planning DeptTagle Applications\Dr12017\DR-32-17 Tandem Ridge Sub LS drfdocx fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. E. DISCUSSION (based on the site and landscape plans, date stamped by the city on June 22, 2017): • The landscape plan shows drainage swales located south of Lot 20, Block 1, and south of the gazebo with 2-3" river rock at the base of the swale. Staff is concerned with the potential for weeds in the base of the swale. Staff would recommend changing the drainage swale to unmown grass with a small sand window at the base of the swale (to be reviewed and approved by the City Engineer prior to final plat approval). The applicant should be required to provide a revised landscape plan showing the drainage swales located south of Lot 20, Block 1 and south of the gazebo to have unmown grass with a small sand window at the base of the swale. The revised landscape plan should be reviewed and approved by the City Engineer, staff, and one member of the Design Review Board prior to approval of the final plat. • The site and landscape plans do not identify the location of any proposed site lighting. The applicant should be required to provide a revised site and landscape plan identifying the location of all site lighting and provide detailed cut sheets of the lighting identifying the style, material, color, illumination type, lumen output, height, etc., for review and approval by staff prior to approval of the final plat. • The applicant is proposing to donate a Fixit bike repair station to the City of Eagle to be place in the Ada -Eagle Sports Complex. The Eagle Parks and Recreation Department has requested that the Fixit bike repair station be green in color to match the existing stations within the city. The applicant should be required to work with the Eagle Parks and Recreation Department to ensure the model type and color of the bike repair station match the existing stations within the city. The applicant should provide a revised cut sheet showing the model type and color to be reviewed and approved by staff and the Eagle Parks and Recreation Department prior to approval of a final plat. The applicant should be required to work with the Eagle Parks and Recreation Department to determine the location and installation details for the station prior to the Fixit bike repair station being installed in the Ada -Eagle Sports Complex. The Fixit bike repair station should be installed prior to the issuance of a building permit. • The applicant is proposing a 30 -foot wide defensible space buffer located off-site (extending 30 - feet from the northern and eastern boundaries of the site) within the Ada -Eagle Sports Complex area adjacent to the subdivision. The development agreement condition of development 3.9 requires that if the defensible space buffer area is constructed that the Tandem Ridge Subdivision Homeowner's Association shall be responsible for the operation and maintenance of the defensible space buffer. The applicant should be required to enter into an operation and maintenance agreement with the City of Eagle for the maintenance and access of the 30 -foot wide defensible space buffer (extending 30 -feet from the northern and eastern boundaries of the site) to be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. • The landscape plan identifies a permanent paved access with easement for the Eagle Parks and Recreation Department on the southern boundary of the site. The applicant should be required to provide a copy of the access easement allowing the Eagle Parks and Recreation Department to utilize the permanent paved access on the southern boundary of the site to access the Ada -Eagle Sports Complex prior to the City Clerk signing the final plat. • The landscape plan does not show any fencing proposed adjacent to common areas. Pursuant to Eagle City Code Section 9-3-10, any fencing located adjacent to common area open spaces Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr12017\DR-32-17 Tandem Ridge Sub LS drEdocx requires open style fencing such as wrought iron or other similar decorative style. fencing is installed it will need to comply with Eagle City Code Section 9-3-10. • Staff defers comment regarding the common area landscaping and gazebo design the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with conditions of approval and the standard conditions of approval provided within the staff r PUBLIC MEETING OF THE BOARD: If, in the future, and colors to the site specific eport. A. A meeting to consider the application was held before the Design Review Board on July 27, 2017, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0 (Grubb and Koci absent) to approve DR -32-17 for a design review application for the common area landscaping within Tandem Ridge Subdivision for Tandem Ridge, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CPA-01-16/A-07-16/RZ-12-16 and PP -07-16. 2. Provide a revised landscape plan showing the drainage swales located south of Lot 20, Block 1 and south of the gazebo to have unmown grass with a small sand window at the base of the swale. The revised landscape plan should be reviewed and approved by the City Engineer, staff, and one member of the Design Review Board prior to approval of the final plat. -3. P r,i sed xtc 1xddi r okk., i1.L•nviratian4ypeTlumen d k�pp :;al-by-sta€f prior app c fiirc 1 j -k t. 4. The applicant shall be required to work with the Eagle Parks and Recreation Department to ensure the model type and color of the bike repair station match the existing stations within the city. The applicant shall provide a revised cut sheet with the model type and color to be reviewed and approved by staff prior to approval of a fmal plat. 5. The applicant shall be required to work with the Eagle Parks and Recreation Department to determine the location and installation details for the station prior to the Fixit bike repair station being installed in the Ada -Eagle Sports Complex. The Fixit bike repair station shall be installed prior to issuance of a building permit. 6. The applicant shall be required to enter into an operation and maintenance agreement with the City of Eagle for the maintenance and access of the 30 -foot defensible space buffer (extending 30 -feet from the northern and eastern boundaries of the site). The operation and maintenance agreement shall be reviewed and approved by the City Attorney prior to City Clerk signing the fmal plat. 7. Provide a copy of the access easement allowing the Eagle Parks and Recreation Department to utilize the permanent paved access on the southern boundary of the site to access the Ada -Eagle Sports Complex prior to the City Clerk signing the final plat. Page 9 of 14 K:\Planning Dept\Eagle Applications\D62017\DR-32-17 Tandem Ridge Sub LS drf.docx 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. 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. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 12. 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. 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 Page 10 of 14 K:\Planning Dept'Eagle Applications\Dr12017\DR-32-17 Tandem Ridge Sub LS drtdocx issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, 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 Page 11 of 14 KAPlanning Dept\Eagle Applications\Dr12017DR-32-17 Tandem Ridge Sub LS drEdocx writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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). Page 12 of 14 K:\Planning Dept\Eagle Applications \Dr\2017\DR-32-17 Tandem Ridge Sub LS drEdocx 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 -32-17) 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 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 the common area landscaping for Tandem Ridge Subdivision is permitted with the approval of a design review application within the MU -DA (Mixed Use 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 landscaping is designed to complement the general vicinity; 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 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 since the proposed covered patio has been designed with quality materials and similar features that will be utilized on the residential homes within the development; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed covered patio is 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; 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 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 or detract from desirable architectural features. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2017\DR-32-17 Tandem Ridge Sub LS drLdocx DATED this 10th day of August 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grubb, Chairman ATTEST: Sharon K. Bergmann, Eagle City Clerk Page 14 of 14 K:\Planning DeptEagle Applications\DrV01TDR-32.17 Tandem Ridge Sub LS drf.docx