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Findings - DR - 2001 - DR-67-01 - Common Area Landscaping & Street Lighting Within Eagle River Development Adjacent To Riverside Dr BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR COMMON AREA ) LANDSCAPING AND STREET LIGHTING ) WITHIN EAGLE RIVER DEVELOPMENT - ) LOT 2, BLOCK 3, OF MIXED USE SUBDIVISION NO.1) (AREA ADJACENT TO RIVERSIDE DRIVE) ) FOR EAGLE RIVER LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-67-01 The above-entitled design review application came before the Eagle Design Review Board for their action on October 18, 2001. The Eagle 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: Eagle River LLC, represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping and street lighting within Eagle River Development - Lot 2, Block 3, of Mixed Use Subdivision No.1 (area abutting Riverside Drive). The site is located on the south side of State Highway 44 approximately Y2-mile east of Eagle Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on September 6, 2001. C. NOTICE OF PUBLIC HEARING: Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on September 21, 2001. Requests for agencies' reviews were transmitted on September 7,2001 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 24, 2001, the Eagle City Council approved a preliminary plat application PP- 14-00 for Eagle River Subdivision. On May 8, 2001, the Eagle City Council approved a final plat application FP-13-01 for Mixed Use Subdivision No.1 (formally Eagle River Subdivision). On September 13, 2001, the Eagle City Council approved a design review application DR- 70-00 for Eagle River Subdivision. COMPANION APPLICATIONS: None E. Page 1 of 8 K\Planning DeptlEagle Applications\Dr12001IDR-67-0J drfdoc STAFF ANALYSIS PROVIDED WITillN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) DISCUSSION: B. c. . The 10-foot wide asphalt pathway along State Highway 44 ends at the location shown on L-9 because this is the approximate location of the proposed north/south road connection fi-om Eagle River Drive to State Highway 44. Per the Development Agreement of Eagle River Subdivision this lO-foot wide pathway is proposed to be located adjacent to the north/south road connection. If Idaho Transportation Department does not approve the north/south road connection between Eagle River Drive and State Highway 44 the 10-foot wide pathway should be constructed with the commercial developments within this area. It is staff's opinion that some designated pathway should be constructed from the terminus of the 10-foot wide asphalt pathway along State Highway 44 to the 5-foot wide concrete sidewalk along Eagle River Drive until the north/south road is constructed or commercial development is proposed within this area. The pathway should be constructed of a compacted road mix that will withstand weather and pedestrian and bicycle traffic. The pathway should not have any vehicular traffic driving over it and this should be noted every 40-feet by temporary signs stating such traffic shall not cross over the pathway. The applicant should be required to provide a site plan showing a 10-foot wide pathway between State Highway 44 and Eagle River Drive and a cross section showing the construction of the pathway. The site plan and cross section should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. A portion of the 10-foot wide pathway (approximately 540-feet) located on the south side of Eagle River Drive is located within 5-feet of the roadway. Per the Development Agreement for Eagle River Subdivision pathways are to be separated by a minimum of 5-foot wide landscape planter strip. The applicant should be required to provide a revised landscape plan showing a minimum of5-feet between the lO-foot wide pathway and Eagle River Drive. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. Note number 9 on sheet L-9 states that the asphalt pathway and berm are to be completed by others. This note is not implying that these improvements are to be completed by someone other than the developer but is intended as information for the landscape contractor. All berming, landscaping and pathways shown on this landscape plan should be completed by the developer. Per site specific condition of approval #2f of PP-14-00, design review approval must be obtained for architectural and site design of all commercial buildings prior to issuance of building permits. Site design will include pathway connections where appropriate. Per site specific condition of approval # 8 ofPP-14-00 for Eagle River Subdivision, a 25- foot wide landscape strip with a 3-foot high berm and lO-foot wide pathway required along Riverside Drive (as indicated in Section 3.2.12 within the development) shall be installed prior to the issuance of any building permits for that phase of the development (Lot 2, Block 2). . . . . Page 2 of 8 K;\Planning DeptlEagle ApplicatinnsIDr12001\DR-67-01 drf-doc . Per site specific condition of approval #18 ofPP-14-00 for Eagle River Subdivision, Riverside Drive shall be constructed to Ada County Highway District standards at the point when 150,000 square feet of building area has been constructed on site (and occupancy permits issued for building shell(s»). Per site specific condition of approval #5 ofFP-13-01 for Mixed Use Subdivision No.1 (formally Eagle River Subdivision), provide a license agreement from ITD for all landscaping along State Highway 44 (as required within the Development Agreement for this site) prior to the issuance of any building permits for the site. Staff defers comment regarding the street lighting and landscaping to the Design Review Board. . . STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on September 6, 2001, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. 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). BOARD DECISION: The Board voted 4 to 0 to approve DR-67-01 for a design review application for the common area landscaping and street lighting within Eagle River Development - Lot 2, Block 3, of Mixed Use Subdivision No.1 (area adjacent to Riverside Drive) 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 and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions ofPP-14-00 (Eagle River Subdivision). 2. Comply with all requirements of the development agreement for this site dated, January 25, 2000, between the City of Eagle and Eagle River LLC. 3. Provide a revised landsca.pe plan showing a temporary 10-foot wide pathway constructed from the terminus of the 10-foot wide as'phalt pathway along State Highway 44 to the 5-foot wide concrete sidewalk alon,g Eagle River Drive. The temporary 10- foot wide pathway shall be constructed of a compacted ro;d mix that will withstand weather and pedestrian and bicycle traffic. A revised lands~a.p~ ~l;n showing a cross section of the temporary pathway shall be reviewed and a,pproved by staff Jior 0 the City Clerk si~ing the final plat for this subdivision. The pathway shall be cons= w;::in 30 days of City Councils a'pproval ofthis a,pplication. IfIdabo Traaspertation Dep~~ à-s net apprøve the northJseuth read eormeetiefl between Eagle River Drive and State Higkl:ay 44 the 10 foot '.viàe pathway saall be øenstrueted with the øommerøial developments Page 3 of 8 K:\Planning Dept\Eagle Applications\Dr12001\DR-67-01 drf.doc ',vitàiH this area. 4. Provide a site plan showing a 10-foot wide pathway between State Highway 44 and Eagle River Drive and a cross section showing the construction of the pathway. The site plan and cross section shall be reviewed and approved by staff aBd eHe member eftlte Desiga RÐ'.'ÌS'.Y ßeard prior to the City Clerk signing the final plat. 5. The pathway shall not have any vehicular traffic driving over it and shall be designated every 40- feet by temporary signs stating such traffic shall not cross over the pathway. 6. The revised landscape plan date stamped by the City on October 18.2001. is in compliance with the conditions set forth in the development agreement for Eagle River and is approved by the Design Review Board. Pre':ide a l'e'/Ìsed laødseafJe fJlaB sRov:iBg a miHiHH!m ef 3 feet BetweeH tHe 1 Q feet wide fJatlP::ay aBd Eagle River Drive. The rS':ised landseafJe fJlaB sHall be revie'l:ed aBd afJfJre':ed BY &taff fJrier te tHe City Clerk sigaiHg tHe fiRal fJlat. 7. All berming, landscaping, and pathways shown on this landscape plan shall be completed by the developer. 8. Design review approval must be obtained for architectural and site design of all commercial buildings prior to issuance of building permits. Site design will include pathway connections where appropriate. 9. The cross section date stamped by the City on October 18.2001. representing compliance with the 25-foot wide landscape stritJ. berm and pathway along Riverside Drive within the development agreement shall be used as a guideline for future development to meet the intent of section 3.2.l2 within the development. Previde a 23 feet ~::ide laBdseape &kifJ with a 3 feet High hefIR aBd 1 Q feet ,vide p"va-y l'eE¡1:!ired aleBg Riverside Dri'/e (as iBdieated iB SeetioH 3.2.12 witHiH tHe de':elefJæeRt) sRall he iBstalled fJrier te tHe iss1:!aHee ef~' B1:!i1diBg fJeflRits fer that fJHaSe ef tHe de':eløfJæeBt (Let 2, ßleek 2). lO. Riverside Drive shall be constructed to Ada County Highway District standards at the point when 150,000 square feet of building area has been constructed on site (and occupancy permits issued for building shell(s»). 11. Provide a license agreement from ITD for all landscaping along State Highway 44 (as required within the Development Agreement for this site) prior to the issuance of any building permits for the site. 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 any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval ofthe sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Page 4 of 8 \\EAGLENTl\COMMONIPlanning Dept\Eagle Applications\Dr\2001IDR-67-01 drf.doc 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. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. 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. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of Page 5 of 8 K:lPlanning Dept\Eagle ApplicationsIDr12001\DR-67-01 drfdoc all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. 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. 16. 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. 17. 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. 18. Basements in the flood plain are prohibited. 19. 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 Commission and/or Council. 20. 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/or the Planning and Zoning Commission for review and approval. 21. 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 Page 6 of 8 K:\Planning DeptlEagle ApplicarionslDr1200 I IDR-67-0 I drf.doc - --.._~-- ----.-._-_._---~._--- approval of that application prior to commencing any change. 22. 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. 23. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the Design Review Board approval date). 24. 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. 25. 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 application for this item was received by the City of Eagle on September 6, 2001. 2. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on September 21, 2001. Requests for agencies' reviews were transmitted on September 7, 2001 in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-67-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board Action, and based upon the information provided concludes that the proposed design review application is in accordance with the Eagle City Code. The Design Review Board recognizes that a temporary pathway constructed from the terminus of the lO-foot wide asphalt pathway along State Highway 44 to the 5-foot wide concrete sidewalk along Eagle River Drive would be out of alignment with regards to any roadway connections with the alternate traffic signal light but recognizes the length of the dead-end pathway that fronts the alternate route. The Board remains adamant that the connection be implemented as soon as possible. Page 7 of 8 K:\Planning Dept\Eagle ApplicationsIDr12001IDR-67-01 drfdoc -- - --- -- - - --- ----- DATED this Sth day of November 2001. ATTEST: ", .... ..~OF~ .~ ;---~O< t;~. ... YOI ..'f/þ 0'" of ... ~ 4>. * -.- J* \~ ~ Page 8 of 8 K:\Planning DeptlEagle ApplicationslDr1200 I IDR-67-0 I drf.doc .--- ------- --_.