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Findings - DR - 2004 - DR-72-04 - Construct 2 Multi-Tenant Limited Industrial Buildings/1-8870'/1-5766'/347 S Edgewood BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT TWO MUL TI- TENANT LIMITED INDUSTRIAL BUILDINGS FOR MARK GUHO ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR.72-04 The above-entitled design review application came before the Eagle Design Review Board for their action on July 22,2004, and August 12, 2004. The Board continued the item to August 26,2004, and made their decision at that time. 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: Mark Guho, represented by Kent Krohn with LKV Architects, is requesting design review approval to construct two (2) multi-tenant, limited industrial buildings. One building is proposed to be 8,870-square feet and the other building is proposed to be 5,766-square feet. The site is located on the west side of South Edgewood Lane approximately 400-feet north of East State Street at 347 South Edgewood Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 3, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 23, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 11, 2001, the Eagle Design Review Board denied a design review application for the construction of two (2) commercial/office buildings (DR-71-00) for this site. The applicant subsequently withdrew the application. E. COMPANION APPLICATIONS: DR-73-04 (design review sign application) Page 1 of 13 K:\Plilllllillg Dept\Eagle Applications\Drl2004\DR- 72-04 ùrf.ùoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Commercial C-2 (General Business Vacant District) Proposed No Change No Change Two multi-tenant limited industrial buildings North of site Residential Four R-4 (Residential) Residential South of site Commercial C-2 (General Business Busters Restaurant District) East of site Commercial C-2 (General Business Edgewood LaneN acant District) West of site Commercial C-2 (General Business Car Wash and Quick Lube District) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: N/A I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 46,91S-square feet (1.0S-acres) 1,300-square feet (0.03-acres) Percentage of Site Devoted to 31 % (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 29% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 3S-parking spaces 30-parking spaces (minimum)* Front Setback 36-feet (east) O-feet Rear Setback 52-feet (west) O-feet Side Setback 2-feet (south) O-feet Side Setback 43-feet (north) O-feet * Note: Based on 4,637-square feet used for office or sales area and 1O,OOO-square feet used for industrial purposes. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two building to be used for limited industrial. Page 2 of 13 K:\Plillnúl1g Dept\Eagle Applicatiol1s\Drl2004\DR-72-O4 ùrf.ùoc Height and Number of Stories of Proposed Buildings: 20 Y2-feet high, one story. Gross Floor Area of Proposed Buildings: West Building = 8,870-square feet East Building = 5,766-square feet On and Off-Site Circulation: An 18,840-square foot (approximately) paved parking lot will provide parking for vehicles using this site. One 37-foot wide driveway is to be located on the east side of this site approximately 42- feet north of the south property line providing access to Edgewood Lane. K. BUILDING DESIGN FEATURES: Roof: Flat roof Walls: Concrete masonry Windows/Doors: Aluminum storefront Fascia/Trim: Metal Other: Metal canopies L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are nine existing trees on this site. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: No street trees along Edgewood Lane have been proposed. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping will be installed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 8% will be installed. M. TRASH ENCLOSURES: One 125-square foot trash enclosure is to be located along the north side of the site approximately 172-feet west of the driveway on Edgewood Lane. The enclosure is to be constructed of CMU walls with metal gates, all of which will match the colors and materials used in the construction of the buildings. N. MECHANICAL UNITS: The applicant is using roof-top mechanical units. The roof-top mechanical units will be (although not shown on the plans) screened by the parapet walls. No ground mounted mechanical units are proposed with this application and none are approved. Page 3 of 13 K:\Plillmillg Dept\Eag1e Applicatiolls\Drl2004\DR-72-O4 ùrf.ùoc O. OUTDOOR LIGHTING: Seven (7), one hundred fifty (150) watt, high pressure sodium shoe box light fixtures will be installed within the parking lot of this site. The height of the parking lot light fixtures has not been specified; however, Eagle City Code restricts the height of the parking lot light fixtures to twenty feet (20') which includes any concrete base. No building lighting other than the light fixtures used to illuminate building wall signs are proposed with this application and none are approved. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-73-04) has been submitted for the approval of a master sign plan. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Eagle Fire Department and 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 - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no 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 incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District Eagle Fire Department Eagle Sewer District Idaho Power Company W. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on July 7,2004 (incorporated Page 4 of 13 K:\PlilllllUlg Depl\Eag1e Applicatiolls\Drl2004\DR-72-O4 ùrf.ùoc herein by reference). STAFF ANALYSIS PROVIDED WITHIN 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 Commercial. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-1-2 ROOF-MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof-mounted mechanicals shall be screened from view. Eagle City Code Section 8-2A-6(A)(5)(b) . . Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. Eagle City Code Section 8-2A-6(A)(5)(b) . The location and design of transformers, pad-mount and roof-mounted mechanicals and electrical equipment shall be reviewed and approved by the Design Review Board. All roof- mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. Screened from view shall mean "not visible" at the same level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation plan). Eagle City Code Section 8-2A-6(A)(6)(g)(3) Roof-mounted mechanicals all vents protruding through the roof and similar features shall be painted so as to match the color of the roof. . Eagle City Code 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. . Eagle City Code Section 8-2A-7(M)(1) Except as may otherwise be required within the DDA, IDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Meandering sidewalks shall be required when space permits. An average five foot (5') wide minimum parkway planter strip planted with shade class (class II or class III) trees shall be required between the sidewalk and street to provide a canopy effect over streets. . Eagle City Code Section 8-2A-7(M)(2) In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. . Eagle City Code Section 8-4-4-2(A)(2) Page 5 of 13 K:\Plamling Dept\Eagle Applicatiol1s\Drl2004\DR- 72-04 ùrf.ùoc . Any lights used to illuminate a site shall be arranged to reflect the light away from the adjoining property. Eagle City Code Section 8-4-4-2(A)(3) . Except as noted in subsection A4 of this section, all site lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. Eagle City Code Section 8-4-4-2(A)(5)(a) . Twenty feet (20') for parking lots with less than two hundred (200) spaces. Eagle City Code Section 8-4-4-2(A)(5)(d) Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. C. DISCUSSION: . The applicant is proposing to use roof-mounted mechanical units with the construction of this building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely screened from view through the use of a parapet wall or enclosed within the building. The applicant has not shown details (i.e.: height and size) and the location of the mechanical units in relation to the parapet walls. The applicant should be required to provide revised elevation plans showing that the roof-top mechanical units are completely screened from view by the parapet walls. The revised elevation plans should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. No ground mounted mechanical units are proposed with this application and none are approved. There are overhead power lines located on this site's east property line along Edgewood Lane and the south property line between this site and Buster's. Per Eagle City Code, electrical service systems shall not detract from the building or site design and are required to be located underground. The applicant should be required to provide a revised site plan showing all overhead power lines located on the east and south property lines to be located underground. The revised site plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . . The applicant is proposing to construct a five foot (5') wide attached sidewalk adjacent to Edgewood Lane. Per Eagle City Code, sidewalks are required to be separated from the curb along all streets. Meandering sidewalks are required when space permits. An average five foot (5') wide minimum parkway planter strip planted with shade class trees are required between the sidewalk and street to provide a canopy effect over streets. The applicant should be required to provide revised site and landscape plans showing a five foot (5') wide detached sidewalk with a five foot (5') wide planter strip planted with a shade class (class II or class III) along Edgewood Lane. The revised site and landscape plans should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. The applicant is proposing to install three (3), one hundred fifty (150) watt, high pressure sodium light fixtures along the north property line of this site. The property to the north of this site is a residential subdivision. Per Eagle City Code, all site lighting is required to be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing . Page 6 of 13 K:\Plillll1ing Dept\Eagle Applicutiolls\Drl2004\DR-72-O4 ùrf.ùoc . 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. In addition, Eagle City Code requires that any light fixture located within fifty feet (50') of a property line of any residentially zoned parcel of land be a maximum of fifteen feet (15') in height. It is staff's opinion that the three (3) parking lot light fixtures proposed within five feet (5') of the north property line will not be adequately screened from the residential properties located to the north of this site. The applicant should be required to provide a revised photometric plan showing the three (3) parking lot light fixtures proposed along the north property line in a different location so that the lamp and lens of these fixtures are not visible from the residential dwellings located to the north or provide detailed cut sheets of bollard style light fixture to be located along the north property line. The revised site plan or cut sheets should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. The uses proposed within these two (2) buildings are office with shop/storage areas, thus the applicant has indicated large overhead roll-up doors to access the shop/storage areas within the buildings. To provide interest to the building and natural light within the shop/storage areas, the applicant should be required to provide revised elevation plans showing the overhead roll-up doors to be panelized, windowed overhead doors. The revised building elevations should 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. . Sheet S-I, date stamped by the City on June 3, 2004, indicates landscaping to be located near all the building entries of both buildings with the exception of the three (3) entries located on the north/east building elevation of the west building. The applicant should be required to provide a revised landscape plan showing planter areas near the three (3) entries located on the north/east building elevation of the west building. The revised landscape plan should 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. . The City Forester, Keith Atkins, has indicated within a memo date stamped by the City on July 7, 2004, that the two (2) existing siberian elm trees along the north property line are of no value and should be removed and replaced with two (2) sweet gum trees so as to blend with the other landscape improvements proposed along the north property line. The applicant should be required to remove the two (2) Siberian elm trees (located along the north property line) and replace the trees with two (2), three inch (3") caliper sweet gum trees. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Sheet S-l, date stamped by the City on June 3, 2004, indicates a five foot (5') wide landscape strip between the property to the south (specifically the Buster's site) and the parking spaces proposed along the south property line with the exception of the four (4) parking spaces numbered as 3, 4,5, and 6, where the landscape strip narrows to less than four feet (4'). Per Eagle City Code, a five foot (5') wide minimum perimeter landscape 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. The applicant should be required to provide a revised landscape plan showing a five foot (5') wide minimum perimeter landscape 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. The revised landscape plan should 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. . . Staff defers comment regarding building design and colors to the Design Review Board. Page 7 of 13 K:\Plallllillg Dept\Eagle Applicatiolls\Drl2004\DR-72-04 ùrf.ùoc 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 July 22, 2004, and August 12, 2004. The application was continued to August 26, 2004, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 6 to 0 to approve DR-72-04 for a design review application to construct two multi-tenant limited industrial buildings for Mark Guho, 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. The elevation plans date stamped by the City on August IS, 2004, showing the roof-top mechanical units completely screened from view by the parapet walls are approved. Pro'áde revised elevatioa plans shov>'Íeg that the roof top mecHaHicall:lIlits are completely sereelled from 'lie'.\' by the parapet walls. The revised elevatioH plaHS sHall be reviewed aÐ:d appro'.'eà BY the Desigil Review Board prior to the City issl:lieg a zoHing certificate for this site. No grO\:lBd moueted mechaaieal Haits are proposed with this applieatioH alld none are apprcJYeà. 2. Provide a revised site plan showing all overhead power lines located on the east and south property lines to be located underground. The revised site plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. The site and landscape plans date stamped by the City on August IS, 2004, showing a five foot (5') wide detached sidewalk adjacent to Edgewood Lane are approved. Provide fØviseà site aed laedscape plaRs sHO\vieg a five foot (5') váde detached sidewalk with a five fDot (5') wide plaeter strip plaRted with a shade class (elass II or class III). The re'lised site aed laHdscape plaHS shall be re'liewed and approved by staff prior to the City issl:ling a zoeiHg certifieate fDr this site. 4. All parking lot and building lighting shall be screened from view pursuant to Eagle City Code. Provide a revised photometric plae showing the thr-ee (3) parkiHg lot light fixtmes proposed aloeg the north property liRe in a differeRt 10catioH so that the lamp aRd leHs of these fixtl:lres are Rot visible from the residential dwelliegs located to the Horth or provide detailed Cl:it sheets of Bollard style light fixtl:lre to be located aloHg the north property line. The revised site plaH or Cüt sheets shall be revie'.ved aed approved by staff prior to the City issl:ling a zoHiHg certificate for this site. 5. The elevation plans date stamped by the City on August IS, 2004, showing the roll-up doors to be panelized with windows are approved. Pro'.'ide revised elevatioH fJlaHs showiHg the overhead rolll:lp doors to be paßelized, '.vieàowed o'¡erhead doors. The reviseà Bl:iilàiHg ele'latioßs shall be re'.'Íewed aed approved by staff aHd ORe member of the Desig-H Re'áew Board prior to the City issHieg a zoHiRg certificate for this site. 6. The landscape plan date stamped by the City on August IS, 2004, showing planter areas near the three (3) entries located on the north/east building elevation of the west building is approved. Proviàe a Page 8 of 13 K:\PlaJming Dept\Eugle Applicutions\Drl2004\DR-72-O4 ùrf.ùoc revised landscape plaH showing planter areas Bear the tHree (3) eHtries located OH the north/east blÚldiRg elevation of the west buildiRg. The revised landscape plan shall be revie'Ned and approved by staff aed ORe member of the DesigH Review Board prior to tHe City issüiRg a zoHing certificate for tHis site. 7. The landscape plan date stamped by the City on August 18,2004, showing the two (2) Siberian elm trees (located along the north property line) replaced with two (2), three inch (3") caliper sweet gum trees is approved. Remoye the tviO (2) Siberian elm trees (locat-ed along the north property line) aHd replace the trees with two (2), three iech (3") caliper sweet gem trees. The revised landscape plaH shall be reviewed aed approved by staff prior to the City issl:lieg a zoHiRg certificate for this site. 8. The landscape plan date stamped by the City on August 18,2004, showing a five foot (5') wide landscape strip between the south property line and the parking lot is approved. Provide a Fe','ised landscape plaH showing a five foot (5') 'side miHimem perimeter landscape strip betweeR the property lines aHd the parking lot, and planted with a mieimüm of ORe shade tree aed five (5) shrubs per thirty five (35) liFlear feet of perimeter. The Feyised landscape plan shall be reviewed aFld approved by staff and one member of the Design Revie'.v Board prior to the City isseiHg a zoeieg certificate f.or this site. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 11. No signs are proposed with this application. A separate design review application (DR- 73-04) has been submitted for the approval of a master sign plan for these buildings. The master sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 12. The landscape plan date stamped by the City on August 18.2004, showing two trees along the south property line to be removed and the addition of six (6) three inch (3") caliper trees to be planted along the north property line is approved. 13. There are two (2) trees located on the Quick Lube property that are in close proximity to the shared property line between this site and the Quick Lube site. If the two (2) trees are removed from the Quick Lube site or damaged during the construction of the buildings on this site, the applicant shall be required to replace on the Quick Lube site inch for inch of tree caliper removed from the Quick Lube site or provide a financial contribution to the City Tree Fund prior to the City issuing a certificate of occupancy for this site. STANDARD CONDITIONS OF APPROVAL: I. 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. Page 9 of 13 K:\Plarming DeptlEagle Applications\Drl2004\DR- 72-04 drf.ùoc 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 all Page 10 of 13 K:\Plarnling DeptlEagle Applications\Drl2004\DR- 72-04 ùrf.doc 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. IS. 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. Page 11 of 13 K:\PlaJmuIg Dept\Eagle Applications\Drl2004\DR-72-O4 ùrf.ùoc 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 June 3, 2004. 2. Requests for agencies' reviews were transmitted on June 23, 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-72-04) 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. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the C-2 (General Business District) zoning district. Page 12 of 13 K:\Plillmiug Dept\Eagle Applicatious\Dr\2004\DR- 72-04 ùrf.ùoc DATED this 9th day of September 2004. ATTEST: ..."tu...., "", '" ,."" --{ OF E.... '" ,,"'...~ ."..... () j- '" ~ (l .. .. ~ , i ...O~POR-1;..~ '\ = Iv ("...: . . . . æ*: -.- :*: . . . : ': \':1. S E ^ I ¡~-.' : . .~ '¡--'J~." . ." ."0 " . " ~""~.b. <'.0" . or' . 'r þ() -" " '-, -'1 ....~;"",,>......" '" fro 0 1" , -~. - ...." "",- " "" '""..tI" Page 13 of 13 K:\P1illming Dept\Eagle AppUcations\DrI2004\DR- 72-04 ùrf.ùoc