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Findings - DR - 2012 - DR-33-12 - Construct A Bank Facility W/Drive Up Services For Iccu BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT A BANK ) FACILITY WITH DRIVE-UP SERVICE FOR ) IDAHO CENTRAL CREDIT UNION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-33-12 The above-entitled design review application came before the Eagle Design Review Board for their action on June 14, 2012. 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: Idaho Central Credit Union, represented by Alexis Townsend with LCA Architects, is requesting design review approval to construct a 3,400-square foot bank facility with drive-up service for Idaho Central Credit Union. The 0.69-acre site is located on the northwest corner of East State Street and North Palmetto Avenue at 768 East State Street within Aquila Village Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 10, 2012. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 23, 2012, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 12, 1998, the City Council approved a lot split for the site (future Aquila Village Subdivision) (LS-1-98). On April 13, 1999, the City Council approved a design review application for two office buildings located within the future Aquila Village Subdivision(DR- 7-99). On August 22, 2000, the City Council approved a preliminary plat application for Aquila Village Subdivision(PP-04-00). On December 19, 2000, the City Council approved the final plat for Aquila Village Subdivision (FP-08-00). E. COMPANION APPLICATIONS: CU-01-12 (conditional use permit for bank with drive-up service) DR-34-12 (design review sign application) Page 1 of 13 K:\Planning Dept'Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business District) Vacant lot Proposed No Change No Change Bank facility with drive-up service North of site Downtown CBD (Central Business District) Multi-tenant office building South of site Downtown CBD(Central Business District) Paint store/Office building East of site Downtown MU-P(Mixed Use—PUD) Veterinary Clinic/Eagle Sewer District Building West of site Downtown CBD(Central Business District) Medical office building G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Community Entry Development Area(CEDA)overlay district. H. EXISTING SITE CHARACTERISTICS: The parcel is a vacant lot within Aquila Village Subdivision. A north/south ingress/egress easement is located on the western eighteen feet (18') of this property providing access from East State Street to this parcel and the surrounding parcels within Aquila Village Subdivision. A five foot(5') wide sidewalk is located adjacent to the north/south ingress/egress easement between East State Street and the driveway entrance to this site. There is no sidewalk between the driveway entrance to this site and the north property line. Street trees, grass, and a separated eight foot (8') wide meandering sidewalk is located adjacent to East State Street and North Palmetto Avenue. Page 2 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.699-acres (30,448-square feet) 0.01-acres(500-square feet) (minimum) Percentage of Site Devoted to 11% (approximately) 20%(minimum)* Building Coverage 85% (maximum)* Percentage of Site Devoted to 50% (approximately) 10%(minimum) Landscaping Number of Parking Spaces 18-parking spaces 17-parking spaces Front Setback 48-feet(south) 20-feet(minimum)* Rear Setback 12-feet(north) 0-feet(minimum) Side Setback 84-feet(west) 10-feet(minimum)* Side Setback 41-feet(east) 10-feet(minimum)* *Note:Lot coverage and setbacks when located within the CEDA overlay district. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a bank facility with drive-up service lanes. Height and Number of Stories of Proposed Buildings: 24-feet high; one story. Gross Floor Area of Proposed Buildings: 3,400-square feet. On and Off-Site Circulation: An 11,635-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 24-foot wide driveway is proposed to be located on the west side of the site approximately 100-feet north of East State Street providing access to the north/south ingress and egress drive lane located on the western 18-feet of this property. This site may also be accessed from the property located adjacent to the north property line via a cross access ingress egress easement. K. BUILDING DESIGN FEATURES: Roof: Three dimension laminated asphalt shingles(dark brown/black) Walls: Stucco(tan and brown), stone veneer Windows/Doors: Storefront windows and doors(dark green frames with green tinted glass) Fascia/Trim: Prefinished metal fascia(dark green) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees adjacent to East State Street and North Palmetto Avenue that are to be protected and retained. Page 3 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doc 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 adjacent to East State Street and North Palmetto Avenue. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed on the south, east, and west sides of the parking area. No landscaping is proposed along the north property line because a cross access ingress/egress easement is located along the north property line. b. Interior Landscaping: 5% interior landscaping is required, 6% is proposed. M. TRASH ENCLOSURES: The applicant is proposing to utilize the existing 100-square foot trash enclosure that is located at the southeast corner of the property to the north of this site. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened by a screen wall constructed to match the building elevations. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: 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 Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doc 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. Comments,which appear to be of special concern, are noted below: Allied Waste—Cart service is available for this site. Boise River Flood Control District#10—No conditions are necessary to protect the interests of the Flood Control District. Central District Health—No objections. Chevron Pipeline—No issues. Eagle Fire Department—No opposition to the application and support its approval. A complete set of building plans are required to be submitted to the Eagle Fire Department for review and approval prior to the issuance of a building permit. Eagle Sewer District—This site is serviceable by the District. Construction plans shall be submitted to the District for the assessment of sewer capacity fees and monthly user charges. Idaho Transportation Department—No objection to the proposed application. The project does not require access to a state highway. Middleton Irrigation Association/Middleton Mill Ditch Company—This project does not affect any of their canals. W. LETTERS FROM THE PUBLIC:None received to date. 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 02-03-11)designates this site as: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public, quasi-public, cultural,residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use Page 5of13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf.doc designation. Pedestrian friendly uses and developments are encouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7(D)(3)(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. • Eagle City Code Section 8-2A-7(E)(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. • Eagle City Code Section 8-2A-7(E)(5) Landscaping And Streetscape: All landscaping shall comply with the landscape requirements contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply with the requirements contained within subsection G of this section. • Eagle City Code Section 8-2A-7(M)(2) In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five(35) linear feet of street frontage. • Eagle City Code Section 8-2-3 Schedule of District Use Regulations: Bank/Financial Institution with drive up service requires the approval of a conditional use permit within the CBD zoning district. • Eagle City Code Section 8-4-5 Schedule of Parking Requirements: Banks/financial institutions 1 for each 200 square feet of gross floor area; plus queue for 4 cars per drive up window C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The applicant shall provide additional landscaping in the area west of the drive up service lanes (northwest corner of the subject site)to reduce the impact of the vehicles utilizing the drive up service lanes(i.e. vehicle headlights and vehicle queuing) on the commercial building located west of the proposed site (ECC 8-7-3-5[D][1]). • The applicant shall submit a design review application showing elevations of the proposed building, site landscaping, and parking(ECC 8-2A-6, 8-2A-7). The design review application shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit for this site(ECC 8-2A-17). Page 6 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doc D. DISCUSSION: • The applicant is proposing to construct a 3,400-square foot bank facility with two (2)drive-up service lanes and one (1)ATM lane. The applicant's justification letter indicates that the architectural style of the building is to be "Prairie School"design as described within the EASD Book. The building design is composed of rectangular forms, with an asymmetrical entry and gabled roof. The facades will be clad in primarily earth toned stucco and stone with darker stucco accents bands and a heavy fascia. All of which help define the horizontal lines of the Prairie School style. The footprint of the building will cover approximately eleven percent(11%)of the site. Pursuant to Eagle City Code,the minimum lot coverage in the CEDA overlay district is twenty percent(20%). Staff defers comment regarding the minimum lot coverage to the Design Review Board. • A small plaza area is proposed to be located at the entrance to the building. This plaza area is approximately forty percent(40%)of the buildings ground level, street facing façade. Pursuant to Eagle City Code,buildings within the CEDA overlay district are to be designed so that a least seventy percent(70%)of the buildings ground level, street facing façade is constructed to abut and be oriented to a public sidewalk or plaza. The applicant should be required to provide a revised site and landscape plan showing a plaza area abutting a minimum of seventy percent(70%)of the buildings, street facing façade. The revised site and landscape plans should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on May 10, 2012, shows two(2)existing street trees located between the eight foot(8')meandering sidewalk and back of curb adjacent to East State Street. Pursuant to Eagle City Code, street trees are required to be planted every thirty five(35) linear feet of street frontage. The applicant should be required to provide a revised landscape plan showing two (2)additional street trees to be planted between the two(2) existing trees located south of the eight foot(8')meandering sidewalk adjacent to East State Street. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • Currently there is a five foot(5')wide attached sidewalk located adjacent to the north/south ingress/egress easement between the meandering sidewalk along East State Street and the driveway entrance to this site. There is no sidewalk between the driveway entrance to this site and the north property line. The landscape plan, date stamped by the City on May 10, 2012, shows the existing sidewalk to be removed between the meandering sidewalk along East State Street and the driveway entrance to this site. The applicant should be required to provide a revised site and landscape plan showing a five foot(5')wide sidewalk to be constructed adjacent to the north/south ingress/egress easement extending from the meandering sidewalk along East State Street to the driveway located on the property to the north of this site. The revised site and landscape plans should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • Pursuant to past action by the Board and Council, any building with a proposed drive-up service is to be designed in such a way as to compliment the overall character of the development and design styles exceeding the standard utilitarian look of a building with a drive-up. A minimum forty-eight inch (48")high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive-up service lane to reduce the impact of the vehicles utilizing the drive-up service lane(i.e.: vehicle headlights and vehicle cueing) is required. The landscape plan, date stamped by the City on May 10, 2012, shows landscaping to be located near the southeast corner of the site, extending along the east side of the drive-up service lane to the north, and terminating south of the existing trash Page 7 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drfdoc enclosure located on the property to the north. The plan also shows landscaping on the western portion of the site, in front of the five(5)parking spaces located north of the driveway to this site. Staff defers comment regarding the proposed screening of the drive-up service lane to the Design Review Board. • 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 to consider the application was held before the Design Review Board on June 14, 2012, 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 (Grubb and Pascua absent)to approve DR-33-12 for a design review application to construct a bank facility with drive-up service for Idaho Central Credit Union,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide a revised site and landscape plan showing a plaza area abutting a minimum of seventy percent (70%)of the buildings, street facing façade. The revised site and landscape plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 2. Provide a revised landscape plan showing two(2) of the trees shown on the current landscape plan additional street trees to be planted between the two (2)existing trees located south of the eight foot (8')meandering sidewalk adjacent to East State Street. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised site and landscape plan showing a five foot(5')wide sidewalk to be constructed adjacent to the north/south ingress/egress easement extending from the meandering sidewalk along East State Street to the driveway located on the property to the north of this site. The revised site and landscape plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised landscape plan showing the concrete and bike rack area to be located to the east of the main entrance to the facility. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. Page 8 of 13 K.\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doe 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 10. No signs are proposed with this application. A separate design review application(DR-34-12)has been submitted for the approval of a monument for this site. 11. The building lot coverage, as shown on the site plan date stamped by the City on May 10, 2012, is approved. 12. Provide a revised landscape plan showing additional height and thickness to the plant material proposed around the drive-up service lane to screen the vehicle lights from the surrounding properties and roadways as the cars are circling around the drive-up service lane. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 13. Provide a revised landscape plan showing a note that the Linden trees proposed within the sight distance triangle are to have no branches below seven feet(7')above the ground. The revised plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 14. The Board recommends LED lights be allowed to be used within the parking lot and on the building. The LED lights shall use a Corrected Color Temperature(CCT)of no more than 3000 Kelvin degrees. Provide detailed cut sheets of the proposed light fixtures to be used within the parking lot and on the building showing the CCT to be used. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 a Zoning Certificate for this site. 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 Page 9 of 13 K:\Planning DeptlBagle Applications\Dr\20I2\DR-33-12 ID Central Credit Union dr£doc all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. 11. 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. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all Page 10 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drfdoc dust,trash,weeds and other debris. 13. 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. 14. Any recreation area, greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation,recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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 City Council. 21. 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 the City Council for review and approval. 22. 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. 23. Any modification of the approved design review plans, including, but not limited to building design, Page 11 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doc 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. 24. 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. 25. 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 City Council approval date). 26. 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. 27. 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 May 10, 2012. 2. Requests for agencies' reviews were transmitted on May 23, 2012, 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-33-12) 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. The Board recognizes that Light Emitting Diode(LED) lighting is not currently permitted within Eagle City Code; however, in an attempt to be more energy conscientious, the Board recommends that LED lighting be approved. The applicant is proposing to use light fixtures throughout the site and on the building that could be either high pressure sodium (HPS) or LED; the only difference would be the type of luminarie used within the fixtures. The Corrected Color Temperature(CCT)of a high pressure sodium light fixture is 2100 Kelvin degrees; the applicant is required to use 3000 Kelvin degrees. The 3000 Kelvin degrees more closely matches the warmer toned light source of a standard HPS lamp. The project as designed using LED lights could provide a forty two percent (42%) reduction (approximately) in energy usage. It is with these improvements that the Board recommends approval of this project as proposed and with the modifications noted herein. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the CBD(central business district)zoning district. Page 12 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf doc DATED this 28th day of June 2012. DESIGN REVIEW BOARD OF THE CITY OF EAG' E •.•`�•,CiT Y per'•. Ada County, d o ••.... . / °'• F ii / : co) : `► : -r; ■ I E ,-1 :%` A, •∎ T Eric ' . McCu ough, Chairman ;7 ;,, 9 = L .• 4 G ATTEST: ,��'•., ID A Neu•,.•`• :I , vt.....4A., j ,../_____ i 4p/Sharon K. Bergmann, Eagle City Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 K:\Planning Dept\Eagle Applications\Dr\2012\DR-33-12 ID Central Credit Union drf.doe