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Findings - DR - 2006 - DR-55-06 - Construt A Medical Facility BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONSTRUCT ) A MEDICAL FACILITY FOR ST. LUKE'S ) REGIONAL MEDICAL CENTER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-55-06 The above-entitled design review application came before the Eagle Design Review Board for their action on July 13, 2006. The 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: St. Luke's Regional Medical Center, represented by Thomas Zabala, AlA, with ZGA Architects and Planners, is requesting design review approval to construct the first phase of a medical facility consisting of 61,700-square feet. The site is located on the southwest comer of East State Street and Horseshoe Bend Road at 3101 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 7, 2006. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 9, 2006, In accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: A conditional use permit application (CU-3-06), for a height exception, is scheduled to be heard by the Planning and Zoning Commission on July 5, 2006 E. COMPANION APPLICATIONS: DR-56-06 (design review sign application) Page I of 14 K:\PlulIUln);! Dept\Eagk Applicatiolls\Dr\2006\DR-55-06 [hi".Joe F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use MU (Mixed Use) Vacant parcel Proposed No Change No Change Medical Center North of site Commercial C-3 (Highway Business Yes Subdivision District) (Commercial Subdivision) South of site Mixed Use R-4 (Residential) Lakeland Estates (Residential Subdivision) East of site Garden City M-U (Garden City Vacant parcel Designation) West of site Mixed Use MU (Mixed Use) Vacant parcel G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The property is an undeveloped site adjacent on the southwest comer of State Highway 44 and Horseshoe Bend Road. There is also an existing canal on the southern boundary of the property. Page 2 of 14 K:\PIUllniug Dept\Eagle Applications\Dr\2006\DR-55-06 drf.dOl: 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 14.49-acres (631,165-square feet) 0.03-acres (1,300-square feet) (minimum) Percentage of Site Devoted to 6% (approximately - phase I) 92% (maximum) Building Coverage 11 % (approximately - upon full build-out) Percentage of Site Devoted to 34% (approximately - phase I) 10% (minimum) Landscaping 28% (approximately - upon full build-out) Number of Parking Spaces 412-parking spaces (phase I) 309-parking spaces (minimum - 640-parking spaces (upon full phase I) build-out) 655-parking spaces (minimum at full build-out) Front Setback 320-feet (north) O-feet (minimum) Rear Setback 75-feet (south) O-feet (minimum) Side Setback 450-feet (east) O-feet (minimum) Side Setback 220-feet (west) O-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a medical facility. Height and Number of Stories of Proposed Buildings: 46-feet; two stories. Gross Floor Area of Proposed Buildings: First floor = 38,500-square feet Second floor = 23,200-square feet Total phase I = 61,700-square feet Full build-out = 72.300-squarefeet Full build-out = 58, 700-square feet Total atfull build-out = 131,OOO-squarefeet On and Off-Site Circulation: A 200,OOO-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 53-foot wide full access driveway is proposed to be located on the north side of this site approximately 250-feet east of the west property line providing access to East State Street. One 23-foot wide right-in/right-out driveway is proposed to be located on the north side of the site approximately 700-feet east of the west property line providing access to East State Street. The Idaho Transportation Department (ITD) is not recommending approval of the right-in/right-out driveway, see discussion later within this report. One 50-foot wide full access driveway is proposed to be located on the east side of the site approximately 250-feet south of the north property line providing access to Horseshoe Bend Road. Page 3 of 14 K:\Plulll1ing Dt:pt\Eagle Applicatiolls\Dr\2006\DR-55-06 lIrf.Jlll,: K. BUILDING DESIGN FEATURES: Roof: Granular-covered metal shingles (Driftwood) Walls: Brick veneer (St. Luke's bend with Platinum accents), Stone (Verde), Pre-Cast concrete (Blend with stone), EIFS (Saddle Soap) Windows/Doors: Steel doors and frames (Paint to match dark bronze), Glass windows with medium bronze tint (dark bronze) FasciafTrim: Canopy faxcia (Copper), Canopy fins (Dark bronze), Copings (Beige) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are three existing walnut trees located near the northeast corner of the site. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: A total of twenty eight (28) street trees are required, the landscape plan date stamped by the City on June 7, 2006, shows thirty two (32) trees along East State Street. The street trees are not spaced thirty five feet (35') on center, which is required within Eagle City Code. The spacing of the street trees will be addressed within discussion later within the report. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping has been proposed, however, it does not include a consistent screen of the parking lot which is required within Eagle City Code. b. Interior Landscaping: 10% interior landscaping is required, 15% is proposed. M. TRASH ENCLOSURES: One 370-square foot trash enclosure is proposed to be located along the south side of the building approximately 600-feet west of the driveway on Horseshoe Bend Road. The enclosure is proposed to be constructed of a masonry wall that will match the colors and materials used in the construction of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof-top mounted mechanical units. The roof-top mechanical units are proposed to be screened by the mansard roof. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGN AGE: No signs are proposed with this application. A separate design review application for a master sign Page 4 of 14 K:\Plulllling Dept\Eagle Arr1ir.:atiolls\Dr\2006\DR-55-06 Jrf.doc plan (DR-56-06) has been submitted. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Central District Health Department, 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 - Yes-southeast comer of site in zone AE Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - yes - New Dry Creek Canal 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: Central District Health Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company Idaho Transportation Department W. LETTERS FROM THE PUBLIC: None received to date. Page 5 of 14 K:\Plulllling Dept\Eugle Applil.:utiolls\Dr\2006\DR-55-06 drf.doc 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 (adopted September 14,2004) designates this site as Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(B)(I)(i) EIFS: permitted for accent only, ten percent (10%) maximum wall coverage (per each facade). Additional accents required through the use of other materials; . Eagle City Code Section 8-2A-6(B)(6)(a) All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other locations. Additional height may be permitted if a conditional use permit is approved by the city council. . Eagle City Code Section 8-2A-7(K)(2)(a-d) 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 of frontage, 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 8-4-4-2(A)(7) Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of 320 watts. b. The light fixture shall be no higher than seventeen feet (17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chaPter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and Page 6 of 14 K:\Plulllllllg Ot:pt\Eaglt: Arrli<.;ati\lJls\Dr\2006\OR~5S~06 utf.U\l<'; (3) The lighting will not be disturbing to existing or future neighboring uses. . Eagle City Code Section 8-4-4-6 One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. . Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS Offices, medical and dental 1 per 200 square feet of gross floor area C. DISCUSSION: . This application is for the approval of the first phase of the Eagle St. Luke's Regional Medical Center. The architectural design of this building is the "Prairie School" style, which incorporates horizontal forms with highlighted elements of proportional vertical features. The building is two stories, common in the Prairie School architectural style. The entry features provides a vertical contrast to the horizontality of the overall building form, and is the key feature which serves to identify the main entry. A low-pitched hipped roof with wide overhanging eaves is proposed over the second story. The materials and colors proposed to be used in the construction of this building are appropriate to the Prairie School style. The elevation plans date stamped by the City on June 7, 2006, show a large percentage of EIFS to be used on the east and west building elevations. Per Eagle City Code, EIFS is permitted for accent only, ten percent (10%) maximum wall coverage is the maximum allowed per each far;:ade. The second and third phases of this facility will be constructed on the east and west building elevations. Upon complete build-out of this facility, the east and west building elevations will be constructed similar to the north (front) building far;:ade with the use of brick, stone, and a small percentage ofEIFS. It is staff's opinion that the east and west building elevations, as shown on the elevation plans date stamped by the City on June 7,2006, provide visual interest in the materials and colors proposed and should be permitted until the future phases are constructed adjacent to these elevations. . The applicant has submitted a conditional use permit application for the approval of a forty six foot (46) height exception. The height exception is to accommodate the increased size of the structural members which provides support for the extensive mechanical and electrical service systems. The additional height is also to accommodate the architectural style of the building which a thirty five foot (35') high building would not achieve. Staff request that the Design Review Board review the height of the building with regard to the architectural style and use of the building and provide recommendations to the City Council with regard to the overall height. . The letter from the Idaho Transportation Department, dated May 16, 2006. does not approve the driveway access points as shown on the site plan date stamped by the City on June 7,2006. The ITD would recommend that the western driveway be limited to a right-in/right-out driveway and eliminate the eastern right-in/right-out driveway on East State Street. This would eliminate the left in at the existing signal located at the main entrance to Eagle Promenade. Staff defers comment regarding the driveway access points to the Design Review Board and the City Council. Page 7 of 14 K:\Plullning Dept\Eagk Applications\Dr\2006\DR-55-06 JrfUllC . The landscape plan date stamped by the City on June 7, 2006, shows trees and clusters of shrubs to be installed between the parking lot and East State Street and Horseshoe Bend Road. The landscaping proposed between the parking lot and East State Street and Horseshoe Bend Road does not comply with one of the required landscape buffers. Per Eagle City Code, one of the following maybe used to screen the parking lot from the public right-of-way: 1. A ten foot (10') wide landscape strip, planted with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet offrontage, excluding driveway openings. 2. 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 of frontage, excluding driveway openings. 3. 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. 4. A three foot (3') high fence of 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. The applicant should be required to provide a revised landscape plan showing one of the above mentioned methods used to screen the parking lot from the public right-of-way. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. . There are several areas within the parking lot where a parking space is more than sixty feet (60') from an interior landscaped area. Per Eagle City Code, No parking space shall be more than sixty feet (60') from an interior landscaped area. The applicant should be required to provide a revised landscape plan showing that no parking spaces is more than sixty feet (60') from an interior landscape area. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . The applicant has submitted a site and building lighting plan for this facility. The applicant is proposing to use high pressure sodium light fixtures for the parking lot lights and street lights, which complies with Eagle City Code. The applicant is proposing to use metal halide light fixtures on the building. Per Eagle City Code, metal halide lighting is permitted, however, the Design Review Board must make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chaPter 2. article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. Several of the metal halide light fixtures are proposed to be located on the south building elevation as well as under the canopy located on the north building elevation. The residential subdivision located south of this site has minimal lighting and the commercial development located north of this site (Eagle Promenade) has been approved and designed to use high pressure sodium light fixtures throughout the development. In keeping with the Prairie School theme and the overall appearance that the City of Eagle is trying to achieve, it is staff's opinion that the metal halide light Page 8 of 14 K:\Plalllling D~rt\Eagk Arrlicatiolls\Dr\2006\DR-55-06 urf.um: fixtures should not be used on the building and should be replaced with a high pressure sodium light fixture. . The applicant is proposing to construct 412-parking spaces with the construction of phase I of this facility, of which only 309-parking spaces are required with the construction of phase 1. At complete build-out the site plan shows 640-parking spaces are to be constructed with this facility, however, with the square footage provided within the application this facility would require 655- parking spaces. Although this is not an issue at with this application, the applicant should be aware that additional parking spaces will be required upon full build-out of this facility. . Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on July 13, 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). D. Oral testimony neither opposed to nor in favor of this proposal was presented to the Design Review Board by one (1) individual concerned about the sirens and lights typically associated with the vehicles providing service to the Emergency Medical Service facility and the close proximity of this facility to their property. BOARD DECISION: The Board voted 5 to 0 (Barnes and Wright absent) to approve DR-55-06 for a design review application to construct a medical facility for St. Luke's Regional Medical Center (Phase I), 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 any applicable conditions of CU-03-06. 2. Provide a revised landscape plan showing the parking lot is screened from the public right-of-way per Eagle City Code Section 8-2A-7(K)(2)(a-d). The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. 3. Provide a revised landscape plan showing that no parking space is more than sixty feet (60') from an interior landscape area. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 4. Provide revised light fixtures to be used on the building that use a high pressure sodium light fixture on south building elevation. Metal halide lig:ht fixtures mav be used at the entrance to the facilitv. The revised light fixtures shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 5. Future phases of this facility maybe limited in size by the number of parking spaces available. If the future size of the facility is to be 131,000-square feet, a total of 655-parking spaces will be required. Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2006\DR-55-06 drf,doc 6. Provide a revised site and landscape plan showing the location of a couple bike racks. Provide detailed cut sheets showing the style, color, and size of the bike racks. The revised site and landscape plans and the detailed cut sheets of the bike rack shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 11. No signs are proposed with this application. A separate design review application (DR-56-06) has been submitted for the approval of a 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 a revised landscape plan showing cross access to the propertv located adiacent to the west propertv line of this site. The revised landscape plan 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. 13. Provide a cross access agreement between this site and the property located adiacent to the west propertv line of this site for review and approval bv the Citv Attomev. The cross access agreement shall be recorded prior to the Citv issuing a zoning certificate for this site. 14. Provide a revised site plan showing extruded concrete curbing around the base of the parking lot light poles that are not located within a landscape island. The revised site plan 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. 15. Provide a revised landscape plan showing an entry feature at the northeast comer of the site for the Citv of Eagle. The revised landscape plan shall show how the existing Walnut Tree. suggested bv the Citv Forester to be retained, is to be integrated into the feature. The revised landscape plan 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. 16. The elevation plan. date stamped bv the Citv on June 7, 2006, which shows the overall height of the building to be fortv six feet (46') is approved. 17. The elevation plan. date stamped bv the Citv on June 7, 2006, which shows EIFS to be used on the east and west building elevations is approved. 18. The site plan, date stamped bv the Citv on June 7, 2006, which does not show a collector road is approved. 19. Provide a revised landscape plan replacing the Autumn Purple Ash trees with an alternate Class II tree. The revised landscape plan 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 Page 10 of 14 K:\Plulluiug Dtrt\Eagl~ Applicatiuns\Dr\2006\DR-55-06 JrfJoc 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 (I) 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 Page II of 14 K:\Plallning Dept\Eagle Applications\Dr\2006\DR-55-06 drf.doc 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 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. Page 12 of 14 K:\Planll.ing lkpt\Eagk Applicatilllls\Dr\2006\DR-55-06 urtJoc 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 June 7, 2006. 2. Requests for agencies' reviews were transmitted on June 9, 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-55-06) 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 MU (Mixed Use) zoning district. 5. The Board recommends approval of the building height as presented with the entry feature at a height of forty six feet (46') and the rest of the building at forty four feet (44'). Allowing the height of the Page 13 of 14 K:\Plarming Depl\Eagle Applicatioll~\Dr\2006\DR- 55-06 un.Uoc building to exceed thirty five feet (35') provides adequate floor to ceiling height to conceal mechanical units and vents within the roof well. Permitting the entry to extend above the mansard roofline breaks up the roofline of the building while providing a sense of entry to the building. 6. The Board does not recommend the construction of a collector road through this site as it would only provide access to this property and the property to the west of this site. By requiring cross access between this property and the property to the west there is no need for a collector road and the number of access points to East State Street can be reduced. DATED this 27th day of July 2006. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Co daho ATTEST: ",...... ...... .."" ~'l OF ..... ~.. CI\.........~-1 .~ ~.a -.0.. $ It .. CORPO~ ... (' ". :: "".;. \tt'> ~ : : ....... : . . ...... \,_. . . . .- S ..... : : \ ~~~ l:"'L ,! Jt i t!. .," ~ ,\"J\ ~.Anll\~ ~ ...... ~O.........t.O .." "'" F ID""v ..," "...flll....'~ Page 14 of 14 K:\Planlling Ot:PI\Eagle ArpliCalllllls\Dr\2006\DR-5S-06 drf.u()(;