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Findings - DR - 2006 - DR-47-06 - Construct 2 Multi-Tenant Office Buildings And Comon Area Landscaping In Inland Subdiv BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT TWO ) MULTI-TENANT OFFICE BUILDINGS AND ) COMMON AREA LANDSCAPING WITHIN ) INLAND SUBDIVISION FOR ROBERT ERLAND ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-47-06 The above-entitled design review application came before the Eagle Design Review Board for their action on July 13, 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: Robert Erland, represented by James Gipson with James Gipson Associates, is requesting design review approval for two multi-tenant office buildings and common area landscaping within Inland Subdivision. The 1.64-acre site is located on the south side of East Iron Eagle Drive approximately ISO-feet east of South Fitness Place at 1371 and 1395 East Iron Eagle Drive (Lot I, Block 1, Inland Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 4, 2006. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 8, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 27,2005, the Eagle City Council approved a combined preliminary and final plat for Erland Subdivision No.1 (PP/FP-03-05). The final plat was recorded at the county as Inland Subdivision No. I. On March 28, 2006, the Eagle City Council approved the vacation of a ten foot (10') wide public utility easement within Erland Subdivision No.1 (V AC-03-05). The final plat was recorded at the county as Inland Subdivision No.1. E. COMPANION APPLICATIONS: DR-48-06 (design review master sign plan application) Page I of 12 K:\Planning Dept\Eagle Applications\Dr\2006\DR-47-06 drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU (Mixed Use) Vacant lot Proposed No Change No Change Two multi-tenant office buildings and a future pad North of site Mixed Use MU (Mixed Use) 55 and older community South of site Mixed Use MU-DA (Mixed Use with a State Highway 44 and development agreement) Idaho Athletic Club East of site Mixed Use MU (Mixed Use) Two multi-tenant office buildings West of site Mixed Use MU (Mixed Use) Two multi-tenant office buildings G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: This is a vacant lot with an existing paved bike path and concrete lined ditch located along the south property line. Between the bike path and south property line are four (4) existing mature trees and three (3) existing mature trees located between the five foot (5') wide meandering sidewalk and Iron Eagle Drive. 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 71,550-square feet (1.64-acres) 7,000-square feet (0. I 6-acres) Percentage of Site Devoted to 21 % (approximately)* * 50% (maximum) Building Coverage Percentage of Site Devoted to 25% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 66-parking spaces 67-parking spaces (minimum) Front Setback 20-feet (north)* 20-feet (minimum) Rear Setback 37-feet, 6-inches (south)* 20-feet (minimum) Side Setback 17-feet, 4-inches (west)* 7.5-feet (minimum) Side Setback 28-feet (east)* 7.5-feet (minimum) . Note: Setbacks are measured from the property line to the closest building or closest building pad site. .. Note: Building coverage includes the 4,500-square foot building pad site. Page 2 of 12 K:\Planning Dcpt\Eagle Applications\Dr\::006\DR-47-06 drfdoc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two (2) multi-tenant office buildings and one (l) future building pad site. Height and Number of Stories of Proposed Buildings: Multi-Tenant Office Building A = 24 feet - 6 inches (one story) Multi-Tenant Office Building B = 26 feet (one and a half story) Gross Floor Area of Proposed Buildings: Multi-Tenant Office Building A First Floor = Multi-Tenant Office Building B First Floor = Second Floor = Total = 6,708-square feet 3,720-square feet . 1.61 O-square feet 12,038-square feet Site Area of Proposed Building Pad: Total pad site = 4,500-square feet On and Off-Site Circulation: Access to the site comes from a shared driveway with the property to the west of the subject site. A 29,221-square foot (approximately) paved driveway/parking lot provides circulation and parking for vehicles using this site. Inland Subdivision No. I indicates all lots have a blanket reciprocal cross-access easement that provides access between the two (2) lots within the subdivision and to the parcels contiguous to the east and west boundaries of the subdivision. The applicant has lined up two (2) parking lot driveway isles with the property to the west and one (1) with the property to the east which allows easy circulation between the subject site and two adjacent parcels. Parking Calculations: The site will be used for professional and business offices which require I parking space per 250 square feet of gross floor area. Using this requirement the two proposed buildings and the future pad site would need to provide 66.15-parking spaces or 67 -parking spaces. The applicant's site plan indicates 67-parking spaces, but Staff believes one parking space located at the southeast comer of the building pad does not have enough back up room due to the angle of the adjacent curb. The future building pad should be reduced to 4,460-square feet which will bring down the total parking requirement for the site to 65.99 or 66-parking spaces. Building A (6,708 square feet) = 26.83-parking spaces Building B (5,330 square feet) = 21.32-parking spaces Future Pad (4,500 square feet) = 18.00-parking spaces 66. IS-parking spaces The City Eagle Code allows a maximum of thirty percent (30%) of the total spaces provided to be used as compact spaces. The applicant is proposing five (5) compact parking spaces, which is less than 10% of the total spaces provided. Bike Parking: The applicant has provided bike racks between Building A and the east property line along the pedestrian connection leading to the bike pathway. The bike rack will need a minimum of three bike parking spaces to meet Eagle City Code requirements. Page 3 of 12 K:\Planning Dept\Eagle Application5\Dr\2006\DR-47-06 drf.doc K. BUILDING DESIGN FEATURES: Building A Roof: Architectural fiberglass shingles (onyx black) Walls: Cultured stone (desert sandstone), stucco (beige rage), and hardiboard vertical siding (falling leaf) Windows: Vinyl (tan) Doors: Metal (brown) Fascia/Trim: Hardiboard (raw earth) Building B Roof: Architectural fiberglass shingles (onyx black) Walls: Cultured stone (desert sandstone), stucco (beige rage), and hardiboard vertical siding (falling leaf) Windows: Vinyl (tan) Doors: Metal (brown) Fascia/Trim: Hardiboard (raw earth) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are three (3) existing mature trees located between the five foot (5') wide meandering sidewalk and East Iron Eagle Drive (north side of site) and four (4) existing trees located between the bike path and the property line (south side of the site) that will be preserved. Tree Replacement Calculations: none Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to retain the existing mature trees along East Iron Eagle Drive and the four (4) existing mature trees along State Highway 44. The landscape plan does not indicate the number of trees to be retained along East Iron Eagle Drive. The applicant should provide a revised landscape plan indicating the street trees and ensuring they meet the Eagle City Code requirement of one (I) tree per every thirty five feet (35') of street frontage. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required and provided. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the entire parking lot of this site. b. Interior Landscaping: 10% interior landscaping is required, II % is proposed. M. TRASH ENCLOSURES: One 120-square foot trash enclosure, also used to screen the mechanical units for Building B, is proposed to be located between Buildings A and B within the parking lot. The applicant proposes to construct the enclosure out of masonry block which does not compliment the proposed materials used in the construction of the buildings. The applicant should provide revised elevations showing the specific materials and colors to be used in the construction of the trash/mechanical enclosure which should compliment the materials and colors used in the construction of the two proposed Page 4 of 12 K:\Plantling DepllEagle Applicalions\Dr\1006\DR-47-06 drf doc buildings. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units to serve each building. The units for Building B are located within the same structure used to enclose the trash dumpster (see trash enclosures above). The units for Building A are located along the east elevation behind a four foot (4') high screen wall. The applicant should provide revised elevations showing the specific materials and colors to be used in the construction of the four foot (4') high screen wall which should compliment materials and colors used in the construction of the building. O. OUTDOOR LIGHTING: There is one (I) existing historic street light fixture located adjacent to East Iron Eagle Drive. The applicant is proposing to install wall mounted exterior lights at the entrances to the tenant spaces of the buildings and maybe some soffit lighting. The applicant did not submit a complete lighting plan indicating all of the locations for the site lighting, parking lot lighting, and building lighting. A building lighting plan and site lighting plan showing location, height, style, luminaries, and wattage should be required and should be reviewed and approved by the Zoning Administrator prior to issuance of a zoning certificate. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-48-06) has been submitted and is required for the approval of any signs for this site. The master sign plan application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department 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, along the south side of the pathway and north side of the pedestrian sidewalk along East Iron Eagle Road. Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2006\DR-47-06 drrdoc 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 is attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Chevron Pipeline Eagle Fire Department Idaho Power Company W. LETTERS FROM THE PUBLIC: Letter from Julie Lafferty, City Forester, dated May 19,2006 (incorporated herein by reference and attached to the staff report). STAFF ANALYSIS: A. COMPREHENSNE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(A)(5) 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-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(M)(2) In all require 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 8-4-5 Offices, Business and Professional 1 per 250 square feet of gross floor area C. DISCUSSION: . The applicant seeks approval of one 6,708-square foot multi-tenant office building, in one 5,330- square foot multi-tenant office building, and common area landscaping around a future building pad site. The future building pad located along the north property line will be required to obtain Design Review Board approval in a future application. Access to the site comes from one shared driveway, used with the existing building to the west, off of Iron Eagle Drive. To foster better circulation in the area, the applicant has provided connections between the subject site and Page 6 of 12 K.Wlanning Dept\Eagle App1icalions\Dr\1006\DR-47-06 drf doc properties east and west through the parking lot of this site. One building is located along the south property line, the other in the middle portion, and the future building pad along the north property line of the site. Parking has been calculated and provided on the site for the two buildings and the future building pad site. Pedestrian connections have been made between the two buildings and to the future pad site as well as to the sidewalk along East Iron Eagle Drive and the bike path along State Highway 44. The connections through the parking lots are defined with painted strips. . The applicant has applied the architectural style of Craftsman to both of the proposed buildings which exemplifies a bungalow style with vertical wood siding gables using beamslbrackets over the entrances and mid-fayade windows. Other characteristics include low-pitched roofs, two foot (2') overhang eaves with exposed rafters, tapered columns supporting the gables, and four (4) over one (1) sash windows. Materials used include cultured stone at the base of the building/columns, cultured stone along the comers of the building, vertical hardiboard siding in the gables, and stucco. The applicant has attempted to break up the stucco through two foot (2') fayade changes at the entrances, changes in material, building columns, and two inch (2") plane changes around the windows. Architectural accents include wood trim work formed wood dentils, and wood tapered columns. . The site will be used for professional and business offices which require 1 parking space per 250 square feet of gross floor area. Using this requirement the two proposed buildings and the future pad site would need 66.15-parking spaces or 67 -parking spaces. The applicant's site plan indicates 67 parking spaces, but Staff believes one parking space located at the southeast comer of the building pad does not have enough back up room due to the angle of the adjacent curb. Staff encourages the Design Review Board to review the functionality of that parking space. If the Design Review Board does not think the space is functional, the applicant would need to reduce the future building pad site to a maximum of 4,460-square feet instead of the proposed 4,500- square feet to bring the parking requirement down to 66-parking spaces. . The applicant is proposing one 120-square foot trash enclosure which will also used to screen the mechanical units for Building A. The plans indicate that the trash/mechanical enclosure will be constructed out of masonry block which does not compliment the two proposed buildings. The applicant should provide revised elevation plans showing the trash enclosure to be constructed of materials and colors that compliment those used in the construction of the two proposed buildings. The revised 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. . The mechanical units for Building A are located along the east elevation behind a four foot (4') high screen wall. The plans do not include any elevations showing the construction materials of the screen wall. The applicant should provide elevation plans showing the specific materials and colors to be used in the construction of the four foot (4') high screen wall which should compliment those used in the construction of the building. The revised 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. . Building B does not include any landscaping around the base of the structure which would help ground the building and soften the base of the building. It is staffs opinion that the applicant should provide a revised landscape plan showing landscape planters along the base of the north, south, east, and west elevations of the Building B. The north side of Building A also does not have any landscaping at the base. It is staffs opinion that the applicant should also show landscape planters along the north elevations of the Building A. The revised landscape plans 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. Page 7 of 12 K.I.Planning Dept\Eagle Applications\Dr\2006\DR-47-06 drfdoc . Staff defers comment regarding landscaping 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). BOARD DECISION: The Board voted 5 to 0 (Barnes and Wright absent) to approve DR-47-06 for a design review application to construct two multi-tenant office buildings within Inland subdivision for Robert Erland, with the following staffrecommended site specific 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 future building pad located along the north property line shall be required to obtain Design Review Board approval. 2. Provide a reyisea site plan shewing {j{j pad(ing spaces on site ana indicating tHe future lmilding pad haying a maJlimum of 1, 1{jQ s€)aare feet efbailding area. The reyised site plan shall be re,,.iewea and appreyed by staff prior to the City issuing a zoning certificate for this site. 3. The applicant shall provide revisea elevatien plans showing the trash enclosure to be 6enstructed of materials and 6010rs that compliment those Hsed in the construction efthe t...,.o propesed 13lo1ildings. The revisea ele'latien plans shoula be reyie',ved and approved by staff antI ene memaer of the Design Review Beard prier to the City issuing a zoning certificate for this site. the Design Review Boara prior te the City isslfing a zening 6ertifitJate for this site. 1. The applitJant shall pFevide elevatien plans shewing the specifitJ materials ana colors to be ased in tHe construtJtien ef the four foot (1 ') High screen wall which shoula 60mpliment these used in the construtJtien ef the builGing. The reyisea elevlltien plans should be reviewed ana approvea by staff and one ffi0maer of the DesigR Review Board prier te the City issuing a zoning certiFi6ate fer this site. 5. Provide a revised landscape plan showing landscape planters along the base of the north building elevation of Building A. The revised landscape plan shall also show landscape planters on all four (4) elevations of Building B. The revised landscape plan shall 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. 6. Provide a revised landscape plan indicating the existing street trees along East Iron Eagle Drive and the measurements ensuring they meet the requirement of one (1) tree per every thirty five feet (35') of street frontage. Additional trees may be required to obtain thirty five feet (35') separation. The revised landscape plan shall 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. 7. Provide a detailed site lighting plan, including cut sheets, of all proposed lighting on the exterior of this building, including the soffits, and in the parking lot showing location, height, style, luminaries, Page 8 of 12 K\Planning Depl\Eagle Applicmions\Dr\2006\DR-47-06 drfdoc and wattage to be used. The detailed lighting site plan, building lighting plan, and cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 8. All cable, electrical, and telephone service systems shall be installed underground. 9. All roof vents shall be painted to match the color of the roof. 10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 11. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 12. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan revIew. 13. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 14. No signs are proposed with this application. A separate design review application (DR-48-06) has been submitted for the approval of a master sign plan for the two buildings. The master sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 15. Provide revised color elevations of Building B showing three (3) new colors. with a slight tone change from the colors on Building A. The revised elevations and paint samples shall be reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 16. Provide a revised site plan and landscape plan showing the whole row of parking stalls on the east side of Building B to be moved two-feet (2') to the south. The revised site plan shall also show parking bumpers within the two (2) compact parking spaces located at the northeast comer of Building B. The revised site plan and landscape plan shall be reviewed and approved bv staff prior to the City 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 Page 9 of 12 K:\Plannillg Dept\Eagle Applications\Dr\2006\DR-47-06 drf,doc 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 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 Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\2006\DR-47-0D drf.doc of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any 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. Page II of 12 K:\Planning Dept\Eagle Applications\Dr\2006\DR-47-06 drfdoc 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: I. The application for this item was received by the City of Eagle on May 4, 2006. 2. Requests for agencies' reviews were transmitted on May 8, 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-47-06) 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. DATED this 27th day of July 2006. DESIGN REVIEW BOARD OF THE TY OF EAGLE Ada ,I h ATTEST: "',......,,, ..' I" "" C\'t'Y OJ;> .... ,:fft ......... ~ -''''II' "'.- ..#f '" ~ . .0 CORPo .." ':. .... '.b . ""~ '" :. 9J".... . r- ';. : : -- '.;. · rn :. - 0- -. .. :cnezO .. rill : :~\nU'b .: - .0 <:<1 r 0 . \ 7,;.. -.:"b <... ~, .1. ; '\. ~ ..'t" TED \:." ,. ~~~~ 0;...... 0 ", ~#" ID A ~ """ ..,...........' Page 12 of 12 K \Planning Dcpt\Eagle Applications\Dr\2006\DR-47-06 drfdoc