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Findings - DR - 2005 - DR-133-04 - Construct Two Assisted Living Facilities BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT TWO ASSISTED LIVING FACILITIES FOR ASHLEY MANOR PROPERTIES, LLC ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-133-04 The above-entitled design review application came before the Eagle Design Review Board for their action on January 27,2005. 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: Ashley Manor Properties LLC, represented by Roger Maim, is requesting design review approval to construct two assisted living facilities (one 3,934-square foot facility and one 4,850-square foot facility). The site is located on the northeast comer of West State Street and North Story Book Way. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 9, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 9, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 25,2001, the Eagle City Council approved a lot split for this site (LS-2-0l). On May 21, 2002, the Eagle City Council approved the design review application for the common are landscaping within Once Upon A Time Subdivision (DR-12-02) - this approval included street tree improvements along both sides of N. Story Book Way. On May 13, 2003, the Eagle City Council approved a design review (DR-60-02) to construct a 7,250-square foot professional office/retail building on this site. The application has expired. On August 10, 2004, the Eagle City Council approved a conditional use permit for 2-15 bed nursing home (assisted living) facilities for this site (CU-4-04). E. COMPANION APPLICATIONS: CU-4-04 (conditional use permit for two assisted living facilities). Page 1 of 13 K:\PlalUullg DeptlEagle ApplicationslDr\2004IDR-133-04 dli.do" F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Central Business District CBD Vacant parcel Proposed No Change No Change Assisted Living Facility North of site Residential Four R-4 Residences South of site Central Business District CBD State Street/Bosanka Village East of site Central Business District CBD Office West of site Central Business District CBD Vacant lot G. DESIGN REVIEW OVERLAY DISTRICT: Community Entry Development Area (CEDA). H. EXISTING SITE CHARACTERISTICS: The site is vacant with curb, gutter, and 8-foot wide sidewalk, and street tree improvements completed along the western boundary of the site adjacent to N. Story Book Way. 34 trees are existing on the site (see attached tree inventory plan). The trees are proposed to be protected and retained. An irrigation lateral runs along the eastern property boundary. It the applicant's intent to leave the lateral in its open, existing configuration. Page 2 of 13 K:\Planrting DeptlEagle Appli<atiollsIDr\2004IDR-133-04 drf.do< I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 33,865 sq. ft. (approx.) (.78- 500 sq. ft. acres) Percentage of Site Devoted to 26% 20% (minimum) Building Coverage 85% (maximum) Percentage of Site Devoted to 54% 10% (minimum) Landscaping Number of Parking Spaces 10-spaces (9-parking lot, 1- 10-spaces garage) Front Setback (south) Building 1: 347 -feet 20-feet (minimum) Building 2: 175-feet Rear Setback (north) Building 1: 20-feet 20-feet (minimum) (per site Building 2: 140-feet specific condition of the conditional use permit for this site) Side Setback (west) Building 1: 17-feet lO-feet (minimum) Building 2: 16-feet Side Setback (east) Building 1: 20-feet lO-feet (minimum) Building 2: lO-feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two Buildings proposed. Building 1 is a IS-bed Alzheimer/dementia, secured residential care facility. Building 2 is a IS-bed assisted living residential care facility. Height and Number of Stories of Proposed Buildings: Both buildings are 20'3" high, one story. Gross Floor Area of Proposed Buildings: Building 1: 3,934 sq. ft., Building 2: 4,850 sq. ft. On and Off-Site Circulation: A 4,706-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 22-foot wide driveway is proposed to be located on the west side of this site approximately 84-feet south of the north property boundary providing access to North Story Book Way. Fences: A white and tan vinyl fence is proposed along the eastern property boundary (extending from the northeast corner of site southward approximately 284-feet). This same style of fence is also proposed in two sections along rear of side of building 1, extending from the northeast comer of Page 3 of 13 K:\Plallllillg DeptlEagle ApplicationslDr\2004IDR-133-04 dn.doc the building to the northern property boundary and extending from the northwest corner of the building to the northern property boundary. K. BUILDING DESIGN FEATURES: Building Design: Craftsman Roof: Architectural comp shingles - color: Pinnacle Black Shadow Walls: Lap siding, shaker siding in gable areas, cultured stone wainscoting Windows/Doors: vinyl wrapped-double glazed windows, Building 1: prefab shutters on the windows on the west and south elevation elevations, Building 2: prefab shutters on the windows on the west elevation, fiber glass or metal insulated raised panel doors, vinyl railing-porch Fascia/Trim: 6" textured hardi plank fascia, 1 "x4" Prime Trim @ corners and around windows L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 34 existing trees which are proposed to retained on site (see attached tree inventory plan). Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board See attached report from the City Forester. Street Trees: The street trees that are existing along N. Story Book Way were installed with the construction of Once Upon A Time Subdivision to the north of this site (noted on the tree inventory plan). Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: continuous landscaping is shown around the perimeter of the parking lot. b. Interior Landscaping: none required for 9-outside spaces. M. TRASH ENCLOSURES: One 37.5-square foot trash enclosure is proposed to be located along the west side of the garage associated with Building 2. The enclosure is proposed to be constructed to match the exterior of the building (lap siding). Details of the enclosure gate(s) have not been provided. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted alc units are proposed to be located on the north side of building 1 and on the east side of building 2. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed Page 4 of 13 K:\PlatUting DeptlEaglo ApplicationslDr\2004IDR-133-04 dn.do" and approved by the Zoning Administrator prior to issuance of zoning certificate for this site. 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 A V AILABLE: A Preliminary approval letter from the Eagle Fire Department and Eagle Sewer District has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown 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 Eagle Fire Department Eagle Sewer District W. LETTERS FROM THE PUBLIC: Letter from Bill Cohen, Lateral Manager, Eagle Downtown Lateral Association, dated January 24, 2005 Letter from Dave Roylance, dated January 25, 2005 Page 5 of 13 K:\Platll1illg DeptlEagle ApplkationsIDr\2004IDR-133-04 dn.do" ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-7(C)(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 C 1 of this section. C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 1. Only the use (Nursing Home-Assisted living) is approved with the conditions noted herein. The property is subject to the conditions of design review. 2. All buildings shall comply with the following setbacks: Front (south - as measured from State Street) 20-feet Rear (north) 20-feet Side (both east and west) lO-feet Plans showing the existing fence on the northern property line as well as adequate landscaped screening methods shall be submitted to the Design Review Board for review and approval prior to the issuance of any building permits. 3. All buildings shall be designed with architectural features that are residential in character and limited to single-story construction only. Plans shall be submitted to the Design Review Board for review and approval prior to the issuance of any building permits. 4. Comply with all requirements of Once Upon A Subdivision (PP-8-0l), specifically the completion of street and sidewalk improvements on the northeast corner of the intersection of State Street and Storybook Way. 5. All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the landscaping areas (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the issuance of any building permits. 6. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. Page 6 of 13 K:\Platmillg DeptlEagle Appli"atiollsIDr\2004IDR-133-04 drf.do" 7. No signs are proposed with this application and none are approved. A separate design review application is required for the approval of any signs. 8. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide a letter from the Downtown Eagle Lateral Association stating the Association is satisfied with any improvements made in vicinity to the irrigation lateral adjacent to the eastern boundary of the subject property. 9. The applicant shall submit cut sheets showing site lighting details for review and approval by the Design Review Board. The cut sheets shall show the that site lighting is either recessed or shielded to direct all light downward and the source of the light (including the lamp and any non- opaque 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 property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 10. "No Parking" signs shall be posted on the western side of Story Book Way. The signs shall be posted prior to the issuance of any certificate of occupancy permits. D. DISCUSSION: . Per Eagle City Code and the preliminary plat approval for this development, the applicant is required to provide streetscape improvements along State Street abutting the commercial parcel. Per Eagle City Code, the applicant is required to provide a six inch (6") vertical curb and gutter, a ten foot (10') wide landscape strip, street trees located every 35-feet on center, historic light fixtures located every 75-feet on center, and an eight foot (8') wide meandering sidewalk abutting State Street. The applicant should be required to provide a revised landscape plan showing a six inch (6") vertical curb and gutter built to the Ada County Highway District standards, a ten foot wide landscape strip planted with lawn and street trees located every 35-feet on center, historic light fixtures located every 75-feet on center, an eight foot (8') wide meandering sidewalk abutting State Street. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. The applicant should be required to provide a license agreement from ACHD approving the landscaping located within the public right-of-way abutting the State Street prior to the City issuing a zoning certificate for this site. . Staff defers comment regarding building design and colors to the Design Review Board. ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on January 27, 2005, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). Page 7 of 13 K:\Platll1ing DeptlEagle ApplicanollslDr\2004IDR-133-04 dn.do" BOARD DECISION: The Board voted 6 to 0 (Mc Cullough absent) to approve DR-133-04 for a design review application to construct two assisted living facilities for Ashley Manor Properties, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with the requirements for CU-4-04. 2. Provide elevations showing the construction materials for the trash enclosure gate(s). The trash enclosure gate elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. Provide a detailed cut sheet or photograph of the style and color of the proposed vinyl fence to be located along the eastern property boundary of the site. The design of the fence shall match the existing fence along the eastern boundary of Once Upon A Time Subdivision. The cut sheet/photograph shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 4. The vinyl proposed along the eastern property boundary (extending from the northeast comer of site southward approximately 284-feet) shall be constructed in accordance with the approval of the Eagle Downtown Lateral Association. The fence shall be constructed parallel to the eastern boundary, I-foot west of the existing wooden fence; the existing wooden fence shall be removed at the time the new fence is installed. 5. As noted in the response letter from the Eagle Downtown Lateral Association, the fence should be constructed at an elevation 8-inches above the elevation of the current fence. The applicant shall proved a revised grading and drainage plan that shows placement of the fence in relation to the top-of- bank of the lateral and the finished grade of the site. The design shall depict the 8-inch elevation increase and shall show that the bottom of the fence is located at the finish grade elevation of this site. 6. Provide revised site, landscape, and grading and drainage plans showing the location and dimension of the portion of the ditch lateral that crosses the southern portion of the site prior to the City issuing a zoning certificate for this site. The lateral shall remain undisturbed during the construction process for this site. 7. Provide a revised landscape plan showing additional landscape plantings along the north side of Building #1 so as to be in compliance with Eagle City Code Section 8-3-3-D and site specific condition # 2 for CU-4-04. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. Once approved and installed, the landscape buffer shall be maintained in good health and shall not, in the future, be lowered (ie. pruned or trimmed) to a height below eight feet (8'). 8. Provide a revised site/landscape plan showing the specific location of the outdoor alc mechanical units. The revised plan shall show how the units will be screened from view (either with landscaping or a decorative screen wall). The revised site/landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 9. Provide revised site, landscape, and construction plans showing a six inch (6") vertical curb and gutter built to the Ada County Highway District standards, a ten foot wide landscape strip planted with lawn and street trees located every 35-feet on center, historic light fixtures located every 75-feet on center, an eight foot (8') wide meandering sidewalk along the portion of this site abutting State Street. The revised plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for Page 8 of 13 K:\PltlJlllillg DeptlEaglo ApplicatiOtL'lDr\2004IDR-133-04 dn.doc this site. 10. Provide a license agreement from ACHD approving the landscaping located within the public right-of- way abutting the State Street prior to the City issuing a zoning certificate for this site. 11. All roof vents shall be painted to match the color of the roof. 12. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer (i.e.: grading, drainage). 13. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 14. No signs are proposed with this application and none are approved. A separate design revIew application is required for the approval of any signs. 15. A site and parking lot light plan showing location, height, and wattage shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 16. Four (4) "No Parking" signs shall be installed on the western side of Story Book Way. The signs shall be installed in accordance with the specifications of the Ada County Highway District prior to the issuance of any occupancy permits for this site 17. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees prior to the commencement of any construction or grading of the site. IS. Any existing trees that are damaged during the construction process shall be replaced with, new healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester. 19. Provide revised elevation plans (for building 1 and 2) showing the direction (i.e. north, south, east, west) to be placed below each elevation. The revised elevations shall also show the following: the addition of dormers on the rear elevations of building 1 and 2; show panelized exterior doors on building 1 and 2; remove the shutters on the center windows on the front side of building 1 and 2; show a broadening of the columns on building 1 similar to columns for building 2. The revised elevation plans shall be reviewed and approved by staff and 2 members of the Design Review Board prior to the City issuing a zoning certificate for this site. 20. Provide an elevation plan/detailed cut sheet of the gazebo showing the color and style, which shall be tan and white to match the perimeter fence. The elevation plan/cut sheet shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 21. Provide revised landscape plan showing a new planter bed (to include landscape plantings, not lawn) along the east side of building 2, continuing north through the drainage area east of the parking lot. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 22. The applicant shall arrange for meeting between the City Forester and the landscape contractor prior to the commencement of any construction or site grading. This meeting shall be used to establish an inspection schedule for the City Forester to evaluate and monitor construction activity, specifically regarding the installation of fencing, irrigation, lawn, landscape plantings, and all earthwork (including the placement of fill material) within the influence zone of the existing Sycamore tree. Details of the inspection schedule shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Page 9 of 13 K:\PlatlItillg DeptlEagle Appli""tions\Dr\2004\DR-133-04 dn.do" 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 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 Page 10 of 13 K:\PlalUtillg DeptlEagle Applications\Dr\2004\DR-133-04 dn.doc 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 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 Page 11 of 13 K:\Platlllillg DeptlEaglo Applications\Dr\2004\DR-133-04 dn.doc 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 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. 23. 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. 24. 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 November 9, 2004. 2. Requests for agencies' reviews were transmitted on December 9, 2004, 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-133-04) 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. Further, the Board concludes that the building meets the criteria required for the Craftsman architectural style. Page 12 of 13 K:\PltlJllling DeptlEaglo Apphcations\Dr\2004\DR-133-04 dn.doc 4. Will, in fact, constitute a conditional use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the CBD zoning district. On August 10, 2004, the Eagle City Council approved a conditional use permit for two (2) 15 bed nursing home (assisted living) facilities for this site (CU-4-04). DATED this 10th day of February 2005 DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~ Eric R. McCullough, hairman ATTEST: ...,......"",.~ ~.." l'GLE ""#. 0.' ~ ~........ ~#. $0. O.... ~/'. TE ...." '" :: :..,.. ~o .. ~ :: f... .' ...8. . ..c!;- " .-8 0 : :""': 0 . '40. .~: : : u . u ~ ",-yo:::r::: .. ~'\t."".-. ~ .. LV'<". ': ~ .. ~ «-'r'.. q ~ ..... .8~NC'ORí'O... .:'- .:- "..#. ....... 0"'" ...." "" STAT\?. ...." '" ...." ,........"" ~\¿ f?>~~ Sharon K. Bergmann, Eagle ty Clerk Page 13 of 13 K:\Plwming DeptlEaglo ApplicationslDr\2004\DR-133-04 dn.do"