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Findings - DR - 2006 - DR-36-06 - Construct A Building Addition, Remodel The Exterior And Other Site Modifications BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONSTRUCT ) A BUILDING ADDITION, REMODEL ) THE EXTERIOR AND OTHER SITE ) MODIFICATIONS FOR ALBERTSONS, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR.36-06 The above-entitled design review application came before the Eagle Design Review Board for their action on May 11, 2006. 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: Albertsons, Inc., represented by Jeffrey King with CTA Architects Engineers, is requesting design review approval to construct an 866-square foot building addition with an exterior remodel. The site is located on the southeast comer of South Eagle Road and Plaza Drive at 250 South Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 6, 2006. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 10, 2006, m accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 14, 1995, the Eagle City Council approved a rezone application with a development agreement and a design review application for this site. E. COMPANION APPLICATIONS: DR-37-06 (design review sign application) Page 1 of 15 K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 Urf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD-DA (Central Business Albertsons Grocery Store District with Development Agreement) Proposed No Change No Change Albertsons Grocery Store with the addition of a Starbucks Coffee Shop North of site Central Business District CBD (Central Business Eagle Plaza Shopping District) Center South of site Central Business District CBD-DA (Central Business Eagle Pavilion Shopping District with Development Center Agreement) East of site Central Business District CBD (Central Business Senior Housing Facility District) West of site Central Business District CBD (Central Business Zamzow's Shopping District) Center G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the CEDA (Community Entry Development Area). H. EXISTING SITE CHARACTERISTICS: There is an existing grocery store building and fuel island building on this site. The site is completely improved with parking, landscaping, and site lighting. Page 2 of 15 K:\PluIUllug Depl\Eagle Applications\Dr\2006\DR-36-06 drf.doc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 265,686-square feet (6.11-acres) 500-square feet (O.OI-acres) (minimum) Percentage of Site Devoted to 20% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 30% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 252-parking spaces (existing) 213-parking spaces (minimum) Front Setback 1 IO-feet (west) * O-feet (minimum) Rear Setback 56-feet (east) * O-feet (minimum) Side Setback lO-feet (south) * O-feet (minimum) Side Setback 85-feet (north) * O-feet (minimum) * Note: Setbacks are measure from the property line to the closesl building. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: Two existing buildings - one grocery store and one fuel island building. Height and Number of Stories of the Existing Buildings: 38' high: one story. Gross Floor Area of Proposed Buildings: Existing building - 51 ,794-square feet Proposed addition - 8M-square feet Total - 52,660-square feet Fuel island building - 425-square feet On and Off-Site Circulation: A 13I,465-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 40-foot wide driveway is located approximately 1 85-feet north of the south property line providing access to Eagle Road. One 30-foot wide driveway is located approximately 350-feet west of the east property line and one 40-foot wide driveway is located approximately 28-feet west of the east property line providing access to East Plaza Drive. One 45-foot wide driveway is located approximately IO-feet north of the south property line providing access to 2nd Street. K. BUILDING DESIGN FEATURES: Roof: Flat Roof Walls: Brick (Inca Red), Split Face CMU (Moon dust) Windows/Doors: Steel doors and frames (painted to match Inca Red brick), Aluminum store front (Clear Anodized Aluminum) Fasciaffrim: EIFS fascia and comer treatment (Gray) Page 3 of 15 K\Planning Dept\Eagle Applicalioll5\Dr\2006\DR-36-06 JrfJoc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are numerous existing trees on this site that the applicant is proposing to retain. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There are existing street trees along Eagle Road, East Plaza Drive, and 2nd Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping in compliance with Eagle City Code does not exist around the perimeter of the entire parking lot of this site. b. Interior Landscaping: 10% interior landscaping is required, 11 % is proposed. M. TRASH ENCLOSURES: One 98-square foot trash enclosure is located near the southwest corner of the site near the fuel island building approximately 200-feet southeast of the driveway on Eagle Road. The enclosure is constructed of CMU walls with wood gates. There is a I75-square foot (approximately) trash compactor located on the east side of the building. There is nothing screening the trash compactor from view. N. MECHANICAL UNITS: There are existing roof top mechanical units that are screened from view by the existing parapet walls. One new roof top mechanical units is proposed to be installed near the southeast corner of the building. The roof top unit with the curb will sit at 3' 5" above the roof. The parapet walls extend 3' 5" above the roof. O. OUTDOOR LIGHTING: The applicant is proposing to remove the non compliant parking lot and building light fixtures. New parking lot light fixtures will replace the old fixtures as wells as the installation of additional light fixtures. The parking lot light fixtures will not exceed 25' in height including any concrete bases and will be 250-watt high pressure sodium light fixtures. The applicant is proposing to use a decorative wall mounted light fixture on the west building elevation. These light fixtures will be 50 to 75-watt high pressure sodium light fixtures. The applicant indicates that the non compliant building wall fixtures located on the north, south, and east building elevations are to be removed; however, a specific light fixture has not been specified. P. SIGN AGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Page 4 of 15 K:\Plaruling Dept\Eag1e Applicatiolls\Dr\2006\DR-36-06 drf,doc Q. PUBLIC SERVICES AVAILABLE: 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 - 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 incorporated herein by reference and attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District W. LETTERS FROM THE PUBLIC: None received to date. ST AFF 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 Central Business District. Page 5 of 15 K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 drf.doc B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(A)(5) 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 mechanicaIs 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(E) Community Entry Development Area: CEDA shown on exhibit A-I within the EASD book. 1. Purpose: To provide a sense of entry into the city and transition development into the central business district in support of the comprehensive plan. 2. Architectural Character: a. Height: Height of buildings is restricted to a maximum height of thirty five feet (35'). b. Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza. c. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level. d. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings. exterior lighting, ledges, eaves, colors and materials. e. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this article. 3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control. a. Front building setbacks from the property line shall be twenty feet (20') mmlmum. b. Side building setbacks shall be ten feet (10') minimum. c. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. Page 6 of 15 K:\Planning Dt:pt\Eagle Applications\Dr\2006\DR-36-06 drf.doc 4. Parking: a. Continuous front parking areas (off street) along State Street and Eagle Road not permitted. b. Limited direct access to parking areas from State Street or Eagle Road is allowed. c. Shared drive access points to parking shall be used wherever possible. d. On street parking is prohibited on Eagle Road. . Eagle City Code Section 8-2A-6(G) Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and number of amenities vary within the different overlay districts of the city. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community. Examples of streetscape design and amenities are shown within the EASD book. At a minimum, the following specific streetscape criteria shall apply: 1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article. Any tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD book. Root barriers shall be required to limit future sidewalk damage from tree roots. 2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlight exhibit within the EASD book. 3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within the EASD book. 4. Streetlights within the DDA and TDA shall be located a maximum distance of one hundred feet (100') apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other. 5. Streetlights within the CEDA shall be located a maximum distance of one hundred fifty feet (150') apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other. . Eagle City Code Section 8-2A-6(G)(14) Sidewalks within the CEDA shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees justifies a reduced sidewalk section. In no case however shall the sidewalk be reduced to less than six feet (6') in width. Page 7 of 15 K:\Planning Dept\Eugle Arrliculiolls\Dr\2006\DR-36-06 drf.doc . Eagle City Code 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 CI of this section. . Eagle City Code Section 8-2A-7(J)(2)(c) To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. . Eagle City Code Section 8-2A-7(K)(2)(a - d) Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: 1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet offrontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. . Eagle City Code Section 8-2A-7(K)(4)(b)(2) No parking space shall be more than sixty feet (60') from an interior landscaped area. . Eagle City Code Section 8-3-2(D) Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided. Page 8 of 15 K:\Plwming Dept\Eagle AppJicutions\Dr\2006\DR-36-06 drf.doc . Eagle City Code Section 8-4-4-2(A)(5)(b) Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than five hundred (500) spaces. C. DISCUSSION: . There is an existing 5I,794-square foot Albertson's grocery store and a 429-square foot Albertson's Express fuel island with associated parking and landscaping located on this site, all of which is located within the CEDA (Community Entry Development Area). The applicant is proposing to construct an 866-square foot building addition to the Albertson's building. The actual footprint of the building will not increase because the addition will be located under the existing canopy overhang on the west building elevation. The arched canopy openings will have storefront windows, doors and masonry wainscoting installed within them to create an enclosed area for the new Starbucks Coffee Shop. The applicant is also proposing to replace the blue awnings and paint the fluted concrete located around the awnings. Because the fuel island building and canopy match the color of the fluted concrete on the building, the applicant is also going to paint the fuel island building and canopy to match the new color used on the building. There are several code sections that this site does not comply with (i.e.: building height, building setbacks, parking adjacent to Eagle Road, width of sidewalks, street lights along East Plaza Drive and 2nd Street, screening the trash compactor, the required number of interior landscape islands within the parking lot, etc.). This site is located within the CEDA, which requires a maximum building height of 35', at least 70% of the ground level, street facing facades to abut and be oriented to a public sidewalk or plaza, on-site parking along Eagle Road is not permitted, installation of historic street lights along East Plaza Drive and 2nd Street, and 8' wide sidewalks with a 10' wide landscape strip between the sidewalk and curb. Staff defers comment regarding the above mentioned requirements to the Design Review Board. . The landscape plan date stamped by the City on April 6, 2006, shows the landscaping on this site as it exists today. Per Eagle City Code, a landscape strip is required when a parking lot is located adjacent to a public right-of-way. There is no shrub plant material between the parking lot and Eagle Road, East Plaza Drive, or 2nd Street. There is an earth berm that screens the parked cars from passing motorists and pedestrians on Eagle Road but not on East Plaza Drive. It is staffs opinion that the applicant should be required to provide a revised landscape plan showing the parking lot adjacent to East Plaza Drive and a portion of 2nd Street screened per Eagle City Code Section 8-2A-7(K)(2)(a-d). 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. . There are several landscape islands within the parking lot that do not have a deciduous tree located within them. Per Eagle City Code, a terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. The applicant should be required to provide a revised landscape plan showing a total of eight (8) additional 3" deciduous trees planted in the three landscape islands located along the main drive aisle adjacent to the west side of the building, the landscape island located on the north side of the main drive aisle near the main entrance off of Eagle Road, and the southern landscape island located on the east side of the drive aisle near the southwest comer of the fuel island canopy. 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. . Per Eagle City Code, the landscape islands located within the parking lot are required to have ground covers, low shrubs, or grass planted within them. It is staff's opinion that several of the landscape islands need additional plant material planted within them to provide a consistent look Page 9 of 15 K:\Planning Ot:pt\Eagle Applications\Dr\2006\DR-36-06 dlf.ooc throughout the parking. The applicant should be required to provide a revised landscape plan showing additional shrub material planted within the landscape islands that have had plant material removed from them so as to create a consistent look throughout the parking lot. 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. . There are a few areas within the parking lot that need an interior landscape island, so as to comply with Eagle City Code which states no parking space shall be more than 60' from an interior landscaped area. The I7-parking spaces located adjacent to Eagle Road near the northwest comer of the site, the IS-parking spaces located adjacent to East Plaza Drive located between the two driveways on East Plaza Drive, as well as the I7-parking spaces located adjacent to the north building elevation all need an interior landscape island to be constructed within them to meet Eagle City Code. The applicant should be required to provide a revised landscape plan showing a landscape island planted with deciduous trees and ground covers or low shrubs to be located within I7-parking spaces located adjacent to Eagle Road near the northwest comer of the site, the IS-parking spaces located adjacent to East Plaza Drive located between the two driveways on East Plaza Drive, as well as the 17 -parking spaces located adjacent to the north building elevation. 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. . There are several historic lights along Eagle Road and two historic lights located on each side of the western entrance on East Plaza Drive. Per Eagle City Code, historic streetlights are to be located a maximum distance of 150' apart within the CEDA. The applicant should be required to provide a revised lighting plan showing three additional historic lights on East Plaza Drive and two historic lights on 2nd Street. The revised lighting plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . The applicant is proposing to remove all non compliant site and building lighting from this site. Currently the parking lot lights exceed 25' which is permitted for parking lot with 200 or more parking spaces. The applicant is proposing to use a 22 V2' high pole located on a 2 W high concrete base. The light fixture will be 250-watthigh pressure sodium luminaries. The applicant indicates that the existing wall pack light fixtures located on the north and east building elevations are to be replaced; however, a detailed cut sheet showing what style, color, wattage, and type of luminaries are to be used have not been submitted to the City for review. The applicant should be required to provide a detailed cut sheet of the light fixtures proposed to be used on the north and east building elevations showing the style, color, wattage, and type of luminaries. The detailed cut sheets should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . A trash compactor and small storage shed are located on the east side of the building that are visible from intersection of East Plaza Drive and 2nd Street. Per Eagle City Code, all trash and/or garbage collection areas for commercial uses are to be enclosed on at least three (3) sides by a solid wall or fence with a gate on the fourth side, or shall be within an enclosed building or structure. The applicant should be required to provide a revised site plan and elevation plans showing how the trash compactor and shed will be screened from view. The revised site plan and elevation plans 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 10 of 15 K:\Plllnuillg Dept\Eagle Applica6ons\Dr\2006\DR.36-06 drf.Joc STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on May 11,2006, 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 5 to 0 (Barnes and McCullough absent) to approve DR-36-06 for a design review application to construct a building addition, remodel the exterior and other site modifications for Albertsons, Inc., 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 APPRO V AL: 1. Provide a revised landscape plan showing the parking lot adjacent to East Plaza Drive and a portion of 2nd Street screened per Eagle City Code Section 8-2A-7(K)(2)(a-d). 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. 2. Provide a revised landscape plan showing a total of eight (8) additional 3" deciduous trees planted in the three landscape islands located along the main drive aisle adjacent to the west side of the building, the landscape island located on the north side of the main drive aisle near the main entrance off of Eagle Road, and the southern landscape island located on the east side of the drive aisle near the southwest comer of the fuel island canopy. 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. 3. Provide a revised landscape plan showing additional shrub material planted within the landscape islands that have had plant material removed from them so as to create a consistent look throughout 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. 4. Previde a r0visea laHdseaj3e IllaH sAawiHg a laHaseafle islaRa IllaHtea witH decialialis trees aHa gfElliRa coyefG ar lew sAmbs 18 be laeatea witHiH 17 IlarkiHg spaees lacatea aajaceRt ta eagle Raaa Hear tHe Hartli'.vest earner ef tHe site, tHe 18 llarkiHg sllaees IeeateE! adjaeeHt te east Plaza Drive leeatea lJetweeH tHe twe ariveways aH east Plaza Drive, as Viell as tHe 17 llarkiHg sllaees leeatea aE!jaeent to the RartA bliilE!iDg elevation. THe r-eviseE! hmasealle iliaD shall be F8Yiewea aHE! af'lpreveE! l3y staff aHE! one meml3er of tHe DesigD Review Baar-a priar t8 tHe City issliiDg a zening eertifieate far tHis site. 5. Provide a revised lighting plan showing three additional historic lights on East Plaza Drive and two historic lights on 2nd Street. The revised lighting plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 6. Provide a detailed cut sheet of the light fixtures proposed to be used on the north and east building elevations showing the style, color, wattage, and type of luminaries. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Page 11 of 15 K:\PlullIling ~pl\Eagle Applit:ations\Dr\2006\DR-36-06 drf.doc 7. Provide a revised site plan and elevation plans showing how the trash compactor and shed will be screened from view. The revised site plan and elevation plans 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. 8. Roof vents shall not be permitted to extend above the parapet walls. 9. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 11. No signs are proposed with this application. A separate design review application (DR-37-06) has been submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 12. Provide cut sheets showing the goose neck detail to be used to mount the decorative light fixtures and other light fixtures showing the lamp and lens screened from view so as to be incompliance with Eagle City Code. The revised details shall be reviewed and approved bv staff and two members of the Design Review Board prior to the Citv issuing a zoning certificate for this site. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval 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. Page 12 of 15 K:\Plal1ning Dept\Eagle Applications\Dr\2006\DR-36-06 drf.doc 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 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. Page \3 of 15 K:\PllllUling D~pt\Eagk Applicutiolls\Dr\2006\DR-36-06 dlf.doc 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. 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 Page 14 of 15 K\Planlling Dt:pt\E.ugle Appocutiolls\Dr\2006\DR-36-06 drf.doc 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 April 6, 2006. 2. Requests for agencies' reviews were transmitted on April 10, 2006, 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-36-06) 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 CBD-DA (Central Business District with development agreement) zoning district. 5. The Design Review Board recognizes that there are several code sections that this site does not comply with; however, it is the Boards opinion that the code sections that the applicant is proposing to comply with and willing to comply with are more important then having the applicant tear out existing improvements that don't comply with Eagle City Code (Le.: sidewalks, asphalt, landscaping). It is the Boards opinion that it is not the intent of the City to have the applicant rebuild the building to comply with the required setbacks or to redesign the site so no parking is adjacent to Eagle Road. The Board recommends that the City accept the applicant's willingness to lower the parking lot light fixtures, remove the non-conforming building lighting, provide trees within landscape islands, and provide additional plant material within the landscape islands. DATED this 25th day of May 2006. ATTEST: .'",..... ...... ....,.. ~'i OF S ..... ...... c..'........... -10 ". ~ r -..-it" ". i ..oP-POR-1 ..,.,;, \ :.,.,., ;.\~ ~ : (l\. : . ........ \ ~ :;.SEAL." ... i ~ ~ \.CIt. .," ~ '\~.... ~~ 0 i .... '"b ,d,,' .... ""';: Op 10 ~ :""" "......n..." Eric R. McCullough, Page 15 of 15 K:\Plullumg Dt::pt\Eagk Applicatiolls\Dr\2006\DR-36-06 drf.doc