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Findings - DR - 2002 - DR-22-02 - Construct 49 Unit Affordable Older Persons Apartment Facility 544 N Eagle Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR) A DESIGN REVIEW TO CONSTRUCT A 49-UNIT ) AFFORDABLE OLDER PERSONS APARTMENT) FACILITY FOR MERCY HOUSING IDAHO INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-22-02 The above-entitled design review application came before the Eagle Design Review Board for their action on April 25, 2002. 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: Mercy Housing Idaho Inc., represented by Pete Rockwell with Glancey - Rockwell and Associates, is requesting design review approval to construct a 42,045-square foot building and convert an existing 12,000-square foot building into a 49-unit apartment facility for older persons. The 4.43-acre site is located on the east side of Eagle Road approximately 1,760-feet north of State Street at 544 North Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 7,2002. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on March 28, 2002. 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 March 25, 2002. Requests for agencies' reviews were transmitted on March 19,2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 17, 2000, the Eagle City Council approved a rezone application with development agreement to MU-DA-P for this site (RZ-8-00). On March 26, 2002, the Eagle City Council approved a design review application for a 20-unit affordable apartment facility for older persons (DR-3-02). E. COMPANION APPLICATIONS: DR-3-02, LS-l-02, RZ-8-00 MOD, PP/FP-1-02. Page 1 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-ZZ-OZ drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA-P (Mixed Use Former St. Matthew's with Development Church Agreement-PUD) Proposed No Change MU-DA (Mixed Use with Housing for older Development Agreement) persons North of site Mixed Use and R-9 (Residential) and R-4 Single family and multi- Residential Four (Residential) family residences South of site Residential Four R-4 (Residential) Single family residences East of site Residential Four R-4 (Residential) Single family residences West of site Public/Semi-Public PS (Public/Semi-Public) Eagle Road/Eagle Elementary School G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. R. EXISTING SITE CHARACTERISTICS: There is a l2,00O-square foot (approximately) building, formally used as a church facility on this site with parking areas. There are seven trees located on this site. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 4.43-acres (192,970-square feet) 0.16-acres (7,000-square feet) Percentage of Site Devoted to 11 % (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 70% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 83-parking spaces (47-coverd 97-total parking spaces (49- parking spaces provided on this coverd parking spaces required site) on this site) Front Setback 80-feet (west) 20-feet (minimum) Rear Setback 20-feet (east) 20-feet (minimum) Side Setback 127-feet (north) 7.5-feet (minimum) Side Setback 120-feet (south) 7.5-feet (minimum) Note: The above noted setback distances were calculated from the perimeter property line boundary of the entire lot (from property line to closest building). Page 2 of 14 K:\Planning DeptlEagle Applicarion,\Dr\200Z\DR-ZZ-OZ drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One apartment building (49-units) to be used for housing for older persons. Height and Number of Stories of Proposed Buildings: 33 Yz-feet high (measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof), two story with a daylight basement. Gross Floor Area of Proposed Buildings: 42,O45-square feet of new building, 54,045-square feet (total) including the existing building. On and Off-Site Circulation: A 32,721-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is existing on the west side of this site approximately 70-feet south of the north property line providing access to Eagle Road. K. BUILDING DESIGN FEATURES: Roof: Asphalt Composite Shingles (Hickory) Walls: Wood Board and Batten Siding and Lapped Wood (Aspen Green/Light Oak) Windows/Doors: Vinyl Windows and Aluminum Doors (Sandstone) Fascia/Trim: Prefinished Metal Gutter/Fascia (Musket Brown) Other: Wood Soffits (Clear) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are seven existing trees on this site. The applicant is proposing to retain all but two of the existing trees. Tree Replacement Calculations: The applicant is proposing to remove a 5-inch tree and 6-inch tree. Per Eagle City Code, the applicant is required to provide an additional 22-inches of tree replacement caliper on-site from removing the two trees. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees along Eagle Road have been installed in a cooperative project completed by the Ada County Highway District and the City of Eagle. No additional streets are required fronting this site. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required. 9% is proposed. M. TRASH ENCLOSURES: Two 80-square foot trash enclosures are proposed to be located on this site. One trash enclosure is proposed to be located on the west side of this site approximately 70-feet south of the driveway on Eagle Road. The second trash enclosure is proposed to be located on the north side ofthe main drive aisle to this site approximately llO-feet east of the entrance on Eagle Road. The enclosure is proposed to be constructed of a 6-foot high tan vinyl fence with matching gates. Page 3 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-ZZ-OZ drf.doc N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping. The applicant is proposing to remove the roof-top mechanical units located on the north side of the existing building (formally the church facility). New ground mounted mechanical units are proposed to be installed at the base of this building and screened with landscaping. O. OUTDOOR LIGHTING: The applicant is proposing thirteen (13) twelve-foot (12') high light pole standards with l50-watt high pressure sodium luminaries within the parking lot (see sheet L-1 for locations). P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - yes Stream/Creek - yes - New Dry Creek Canal Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown (to be verified with the Hillside report submitted with the previous design review application for the 20-unit facility (DR-3-02). Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District United Water Company Page 4 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-ZZ-OZ drf.doc W. LETTERS FROM THE PUBLIC: None received to date. ST AFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as mixed use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-1-2 BUILDING, HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of the peak for gable, hip and gambrel roofs. . Section 8-2A-6(A)(5) The location, design, of transformers and pad-mount mechanical and electrical equipment shall be screened. . Section 8-2A- 7(C)(1) 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches cal. 2x cal. of tree removed 61/4 inches to 12 inches 1.5x cal. of tree removed 121/4 inches or more Ix cal. of tree removed 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C1 of this Section. . Section 8-2A- 7(K)(3)(a) Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. . Section 8-4-5 RESIDENTIAL Apartments or multi-family dwellings For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on-street parking spaces on a local street may be credited toward the guest parking requirement Page 5 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-ZZ-OZ drf.doc C. DISCUSSION: . The existing building (formally the church facility) currently has a tile roof. The applicant is proposing to remove the tile roof and replace it with an asphalt composition shingle roof. The existing building also has roof-top mechanical units on the north side of the building. Per the applicant's representative for this project, the existing roof-top mechanical units are proposed to be removed. The large space where the units currently set will be in-filled with trusses and covered with asphalt composition shingles. The applicant is proposing to use ground mounted mechanical units for the existing structure and the new structures. The ground mounted mechanical units are proposed to be screened by landscaping. There are a few areas next to some of the concrete pads or sidewalks on the lower levels where the mechanical units will not be screened from view with the proposed landscaping. The applicant should be required to provide a revised landscape or elevation plan showing all the ground mounted mechanical units screened from view with landscaping or with a screen wall which matches the materials used in the construction of the building. The revised landscape plan and/or elevation plans should be reviewed and approved by staff prior to issuance of a building permit. The applicant is proposing to remove a 5-inch tree and a 6-inch tree from the site where the new building is to be located. Per Eagle City Code, the applicant is required to provide an additional 22-inches of replacement caliper on-site for removing the two trees. Should the Board permit the removal of the two (2) trees, then the applicant should be required to provide a revised landscape plan showing the addition of 22-inches of tree caliper on site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip line of the trees should be submitted to the City. The construction fencing should be installed prior to issuance of a building permit. A cup or a dam should be built within the drip line of each tree in order to retain water and the trees should be water on a regular basis. No construction activity whatsoever should take place within the drip line of the trees. . . . The applicant has proposed two (2) Little Leaf Linden trees in the eight foot (8') wide landscape buffer located between the northern parking area and the north property line. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter is required. There is approximately two hundred fifty (250) linear feet of perimeter requiring seven (7) shade trees and thirty five (35) shrubs per thirty five (35) linear feet of perimeter. The applicant should be required to provide a revised landscape plan showing seven (7) shade trees and thirty five (35) shrubs per thirty five (35) linear feet of perimeter. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. Per Eagle City Code, two (2) parking spaces are required for each two bedroom unit including one covered parking space. One and a half (1.5) parking spaces are required for each one bedroom or studio unit including one covered parking space. Per Eagle City Code, 0.25-spaces per unit is required for guest parking. The applicant has indicated on Sheet L-2 (date stamped by the City on March 7,2002) a total of 83-parking spaces (thirty six (36) parking spaces and forty seven (47) covered parking spaces) on this site. Per the application, the applicant is proposing twenty nine (29) one bedroom units and twenty (20) two bedroom units. Per Eagle City Code, . Page 6 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-ZZ-OZ drf.doc . the applicant is required to provide a total of ninety seven (97) parking spaces on this site of which forty nine (49) are required to be covered parking spaces. On February 14,2002, the Design Review Board reviewed and approved the twenty (20) unit apartment facility for older persons located to the east of this property (DR-3-02). Per Eagle City Code, the twenty (20) unit facility was required to provide a total of thirty five (35) parking spaces of which twenty (20) spaces were required to be covered. Forty eight (48) parking spaces with twenty two (22) covered parking spaces were proposed with the twenty (20) unit facility. This entire development (twenty (20) units and forty nine (49) units) requires one hundred thirty two (132) parking spaces with sixty nine (69) covered parking spaces. The applicant is proposing one hundred thirty one (131) parking spaces with sixty nine (69) covered parking spaces. The Design Review Board recommended that the Zoning Administrator allow a 20% reduction in parking as permitted in Eagle City Code Section 8-4-4-3(A)(7) for the twenty unit (20) facility (DR-3-02) to provide a greater buffer area between the proposed parking lot and the residences to the north. The Zoning Administrator and a Mercy Housing Idaho Inc. representative have been in contact with regard to the required parking for this entire site. Based on information submitted by Mercy Housing Idaho Inc. regarding parking needs for housing for older persons apartment facilities, the Zoning Administrator has determined that a 20% reduction in parking is permitted for the entire site as shown on the revised parking lot plan date stamped by the City on March 22, 2002. This revised parking lot plan provides a fifteen foot (15') wide landscape buffer between the proposed parking and the north property line of the entire site (as recommended by the Design Review Board). The revised parking lot plan, date stamped by the City on March 22, 2002 shows a total of eleven (11) parking, this is reduced from the thirty eight (38) parking spaces shown on the landscape plan date stamped by the City on march 7, 2002. A 20% reduction in parking for this site would be twenty seven (27) parking spaces. Therefore, the total amount of parking required for this site with a 20% reduction would be one hundred and five (105) parking spaces. The applicant should be required to provide a revised landscape plan showing the addition of one parking space within the entire development (1O5-parking spaces total). The revised landscape plan should be reviewed and approved by staff prior to issuance of a building permit. The applicant should be required to provide a revised landscape plan showing the proposed plantings in the landscape islands and perimeter area as shown on the revised parking lot plan date stamped by the City March 22, 2002. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. Per Eagle City Code, one covered parking space is required for each one-bedroom and two- bedroom unit. The applicant has indicated on Sheet L-2 (date stamped by the City on March 7, 2002) by a dashed line that there is to be covered parking over sixty nine (69) parking spaces located in the center of the parking lot and the southern parking area on this site. The applicant has submitted elevations of the proposed covered parking, however no building materials, dimensions, colors, lighting etc. have been noted on the submitted elevations. The applicant should be required to provide detailed architectural plans showing the materials, colors, height, lighting, etc. to be used in the construction of the covered parking canopies. The covered parking details should be reviewed and approved by the Design Review Board prior to issuance of a building permit. . There are a few of the lower level units that do not have a concrete patio proposed outside of the exterior slider door. The applicant should be required to provide a revised landscape plan showing concrete patios for all lower level units with exterior slider doors. The revised Page 7 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-ZZ-OZ drf.doc . landscape plan should be reviewed and approved by staff prior to issuance of a building permit. There are several light pole fixtures located on the site that do not meet Eagle City Code with regard to the lens and lamp being screened from view. The applicant is proposing to remove all of the non-conforming light fixtures from the site. The applicant should be required to remove all non-conforming light fixtures from the site prior to issuance of a certificate of occupancy for this site (forty nine (49) unit facility). The applicant has proposed two (2) benches to be located on the pathway between the north and south wings of the proposed forty nine (49) unit facility. However, no benches have been proposed on the pathway, that is located south or east of the twenty (20) unit facility (DR-3-02). The applicant should be required to provide a revised landscape plan showing additional benches or picnic tables along the pathway area located south or east of the twenty (20) unit facility. The applicant should be required to provide detailed cut sheets of the proposed benches or picnic tables. The revised landscape plan and detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. The applicant has indicated that the exterior colors on the forty nine (49) unit facility are different from the exterior colors on the twenty (20) unit facility. It is the applicant's desire to have the exterior colors of both facilities match each other. Staff defers comment regarding the color of the buildings to the Design Review Board. . . . Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITIDN 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 April 25, 2002, 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). D. Written testimony in opposition of this proposal was presented to the Design Review Board in the form of a letter from one individual with concerns regarding stormwater retention facilities, steep slopes, nuisance weeds, the height of the proposed buildings in relation to the neighbors to the south, east, and north. BOARD DECISION: The Board voted 5 to 0 (Howard absent) to approve DR-22-02 for a design review application to construct a forty nine (49) unit facility for older persons 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 of approval for LS-1-02, RZ-8-00 MOD, and PP/FP-1-02. 2. Provide a revised landscape and/or elevation plan showing all the ground mounted mechanical units Page 8 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-ZZ-OZ drf.doc screened from view with landscaping or with a screen wall that matches the materials used in the construction of the building. The revised landscape plan or elevation plans shall be reviewed and approved by staff prior to issuance of a building permit. No roof-top mechanical units are proposed with this application and none are approved. 3. The allplicant shall be required to retain and maintain the six (6) existin~ trees located on this site (the two (2) trees located near the northwest corner of the existin~ buildin~ and the four (4) trees located near the retainin~ wall south of the existin~ buildin~) until construction requires the removal of said trees. The applicant shall be required to relocate all six (6) existin~ trees on-site (in place of six (6) of the proposed trees shown on the landscape plan). The ap¡Jlicant shall be required to notify City staff when the existin~ trees are to be relocated on-site. Provide a revised lan.dseafle fllan. shøwiRg the additiøR of 22 iRehes of tree ealiper ØR site. The revised lan.dseafle plan. GRall Be reyie'Ned an.d appreved BY staff an.d eRe member ef the Design Review Beard prier to issaan.ee ef a buildiRg permit. 4. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip line of the trees shall be submitted to the City. The construction fencing shall be installed prior to issuance of a building permit. A cup or a dam shall be built within the drip line of each tree in order to retain water and the trees shall be water on a regular basis. No construction activity whatsoever shall take place within the drip line of the trees. 5. Provide a revised landscape plan showing ~SeYeR (7) shade trees and five (5) thirty five (35) shrubs per thirty five (35) linear feet of perimeter between the parkin~ lot and the north property line. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 6. Previde a revised lan.dsøape plan. sho'.viFlg the additieR of eRe parkiRg sflaee '::-ithin the entire develøpment (1(;)5 flarkiFlg Sf)aees total). The revised lan.dseafle plan. shall Be re'tiewed an.d aflpreved by staff prier 1e issaan.ee ef a lH:lÌldmg permit. 7. Provide a revised landscape plan showing the proposed plantings in the landscape islands and perimeter area as shown on the revised parking lot plan date stamped by the City March 22, 2002. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 8. Provide detailed architectural plans showing the materials, colors, height, lighting, etc. to be used in the construction of the covered parking canopies. The covered parking details shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 9. Provide a revised landscape plan showing concrete patios for all lower level units with exterior slider doors. The revised landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. 10. Remove all non-conforming light fixtures from the site prior to issuance of a certificate of occupancy for the forty nine (49) unit facility. 11. Provide screening on any fixtures located near the residential properties to prohibit any errant light through and into the residential property. The lighting plan shall be reviewed and approved by staff and one member ofthe Design Review Board prior to issuance of any building permits. 12. Provide a revised landscape plan showing additional benches or picnic tables on the pathway area, which is located south or east of the twenty (20) unit facility. The installation of additional site amenities is intended to be located in the non-sloped areas on the south and east elevations of the Page 9 of 14 K:\Planning DeptlEagle Applicarion,\Dr\200Z\DR-ZZ-OZ drf.doc twenty (20) unit facility. The applicant shall be required to provide detailed cut sheets of the proposed benches or picnic tables. The revised landscape plan and detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 13. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 14. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 15. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 16. Provide detailed elevations of the trash enclosure showin~ the construction materials and colors to be used in the construction of the enclosure. The construction materials and colors shall be reviewed and ap,proved by staff and one member of the Desi~ Review Board prior to issuance ofbuildin~ permit. 17. The ~,plicant shall be required to meet with staff and the Desi~ Review Board in an informal workshop to review additional detailin~ of the buildin~s elevations prior to submittin~ for or issuance of a bui1din~ permit. 18. The ap,plicant has indicated that the maintenance division of Mercy Housin~ Idaho has been made aware of the nuisance weed conditions on this site and that remedial action is in the process. The nuisance weeds shall be removed within thirty (30) days from the Ea~le City Council ~,proval of this desi~ review ap,plication. 19. The covered parkin~ structures over the nine (9) parkin~ spaces located within the southern parkin~ area shall be removed. The nine parkini ¡¡paces shall be reqJlired to remain on site as proposed. ST ANDARD 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 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 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 Page 10 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-ZZ-OZ drf.doc 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 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 Page 11 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-ZZ-OZ drf.doc 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 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 Page 12 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-ZZ-OZ drf.doc 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). 25. 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. 26. 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 March 7,2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on March 28, 2002. 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 March 25, 2002. Requests for agencies' reviews were transmitted on March 19,2002, 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-22-02) 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. 4. Based on the information submitted by Mercy Housing Idaho Inc. regarding parking needs for housing for older persons apartment facilities, the Zoning Administrator has determined that a 20% reduction in parking is permitted for the entire site as shown on the revised parking lot plan date stamped by the City on March 22, 2002. The Design Review Board supports the reduction in parking for this site. Moreover, the Board recognizes the applicant's willingness to meet Eagle City Code and provide covered parking spaces for this apartment facility. However, due to the high visibility of the site from Eagle Road, the Design Review Board approves removal of the two covered parking structures over the nine (9) parking spaces located within the southern parking area on this site. A total of sixty nine (69) covered parking spaces are required with the construction of the twenty (20) unit facility and the forty nine (49) unit facility. The Board approves of a 13% reduction in the total required covered parking spaces (9-covered parking spaces). Page 13 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-ZZ-OZ drf.doc DATED this 9th day of May 2002. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada ounty â ATTEST: .","11."", t.'. " ~"~ 011 BAG ~"~ ~~ ~ .."..... '<-.q '.~ 11 ~ . ......-" lé)l.~~OR.A~~.. \ : : 0 j* , ..CJ - I : . -. - \ir\'tsß~~~ 01 -- .. ~ A;. ."Ii: !I/J ~ -" ..0/?PO",..,\.8 ';;:;'Y 11 ','U» .........:Q \- ,0.'" #'##,,-1l'E 011 ~ ",.." ""II."'."" Page 14 of 14 K:\Planning DeptlEagle Applicarion,\Dr\200Z\DR-ZZ-OZ drf.doc