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Findings - DR - 2012 - DR-44-12 - Construct A Multi-Tenant Retail/Office Building W/Residential Apartments • BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A MULTI-TENANT ) RETAIL/OFFICE BUILDING WITH RESIDENTIAL ) APARTMENTS FOR TAVIS AND BROOKE RECHE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-44-12 The above-entitled design review application came before the Eagle Design Review Board for their consideration on September 27, 2012. The Board continued this item to October 11, 2012, October 25, 2012, and to November 8, 2012, and made their action at that time. 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: Tavis and Brooke Reche,represented by Walter Lindgren with Johnson Architects, are requesting design review approval to construct at 5,922-square foot, two story retail/office/apartment building(1st floor—3,202-SF and 2nd floor—2,720-SF). The 0.16-acre site is located on the northeast corner of North 1st Street and Idaho Street at 120 North 1st Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 23, 2012. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 30, 2012, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICATIONS: DR-45-12 (design review sign application for a master sign plan for the building, including signage for Virtual IT) Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drEdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown Central Business District Vacant Single family dwelling Proposed No Change No Change Retail/Office/Apartment Building North of site Downtown Central Business District Single family dwelling South of site Downtown Central Business District Single family dwelling East of site Downtown Central Business District Single family dwelling West of site Downtown Central Business District Single family dwelling G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Transitional Development Area(DDA) overlay district. H. EXISTING SITE CHARACTERISTICS: There is an existing 1,144-square foot residential dwelling unit and detached garage on the site. A 30-inch caliper Silver Maple tree is located at the intersection of Idaho Street and 15t Street. Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.16-acres(7,000-square feet) 0.01-acres(500-square feet) (minimum) Percentage of Site Devoted to 46%(approximately) 20%(minimum) Building Coverage 85%(maximum) Percentage of Site Devoted to 16%(approximately) 10%(minimum) Landscaping Number of Parking Spaces 12-total parking spaces 10-parking spaces(minimum) 8-parking spaces on-site (including 2-covered spaces) (including 2-covered spaces) (on-street parking spaces shall be 4-on-street parking spaces included in the minimum requirement) Front Setback 0-feet(west) 10-feet(minimum) 25-feet(maximum) Rear Setback 0-feet(east) 0-feet Side Setback 0-feet(south) 0-feet(minimum) 10-feet(maximum) Side Setback 67-feet(north) 0-feet(minimum) 10-feet(maximum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used for retail, office, and residential apartments. Height and Number of Stories of Proposed Buildings: 29' 4"high; two stories. Gross Floor Area of Proposed Buildings: First Floor= 3,202-square feet Second Floor= 2,720-square feet Total= 5,922-square feet On and Off-Site Circulation: A 2,695-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 this site approximately 108-feet north of the northeast corner of 15t Street and Idaho Street providing access to 1st Street. K. BUILDING DESIGN FEATURES: Roof: Single Ply Roofing Membrane(White) Walls:EIFS (Distant Gray and Coastal Fog) Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drfdoc Windows/Doors:Metal windows and doors(Dark Gray) Fascia/Trim:Metal(Pewter) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There is an existing 30-inch caliper Maple tree located at the southwest corner of the site. The tree is in poor health and is located within the right of way and future sidewalk/bulb out area of 1St Street and Idaho Street. The applicant is proposing to remove the tree. Tree Replacement Calculations: Pursuant to Eagle City Code, the applicant is required to provide 30-inches of tree caliper on-site. Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install six (6) Capital Flowering Pear trees along 1St Street and Idaho Street. 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 west,north, and east sides of the parking lot. b. Interior Landscaping: 0%interior landscaping is required, 7%is proposed. M. '[RASH ENCLOSURES: The applicant indicates that two(2)96-gallon totes are to be used and located behind the fenced area near the southeast corner of the site. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The mechanical units are to be screened by the parapet walls. No ground mounted mechanical units are proposed. 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(DR-45-12)has been submitted for a master sign plan for this building. 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 Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drf.doc S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments,which appear to be of special concern, are noted below: Ada County Highway District—Construct both Idaho and ft Streets with vertical curb, gutter, and 10 foot wide sidewalks with tree wells, as proposed. Enter into a license agreement with the District for the maintenance of the tree wells located within the right-of-way. Dedicate right-of- way and pave the alley its entire width from 1St Street to the east property line of this site. Construct a 24 foot wide driveway on 1st Street. Pay impact fees prior to the issuance of a building permit. Boise Flood Control District no. 10—Site is outside of their boundaries. Central District Health—No objection provided the building is served by central sewer and water. Chevron Pipe Line—No conflicts with the pipe line. Department of Environmental Quality-Referenced regulations regarding air quality, wastewater and recycled water, drinking water, surface water, and hazardous waste and ground water contamination. Eagle Fire Department—No opposition to the application; however, a complete set of building plans are to be submitted to the Eagle Fire Department for review and approval prior to any building permits being issued. Idaho Transportation Department—No objection. Middleton Irrigation Association/Middleton Mill Ditch— The project is not located within their service area. W. LETTERS FROM THE PUBLIC:None received to date. Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drfdoc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as Downtown. B. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) • Eagle City Code Section 8-2A-5(E) Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles,themes,and elements envisioned through the requirements of this article.The EASD book,established through a resolution of the city council and as may be amended through future resolution(s),contains all exhibits referenced in this article and is incorporated herein by reference.However,exhibit A- 1 may only be modified through an ordinance amendment.The architecture styles found in the EASD book are permitted styles.Architectural styles not shown within the EASD book will not be considered. A copy of the EASD book is available at Eagle city hall. • Eagle City Code Section 8-2A-6(A)(6)(d) Relationship Of Exterior Materials:The design review board shall determine the appropriateness of materials as they relate to building mass,shadow relief,and existing area development.Use of color to provide blending of materials with the surrounding area and building use,and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered. • Eagle City Code Section 8-2A-6(A)(6)(e) Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. • Eagle City Code Section 8-2A-6(B)(1)(h) Stucco:twenty five percent(25%)planer change required, additional accents shall be incorporated through the use of other material(s); • Eagle City Code Section 8-2A-6(B)(1)(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(C)(2)(f) Facade: All buildings shall include a"storefront"on the ground floor consisting of a minimum of fifty percent(50%) glass.Floors above the main floor shall have a minimum of twenty five percent(25%)glass.The front of any building is the facade that fronts upon any street. • Eagle City Code Section 8-2A-6(D)(3)(a) Front building setbacks from the property line shall be a minimum of ten feet(10')to a maximum of twenty five feet(25'). • Eagle City Code Section 8-2A-6(D)(3)(b) Side building setbacks may be zero feet(0') so as to tie into adjoining structures or ten feet (10')maximum where ties to adjoining structures are not desirable. Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drf.doc • Eagle City Code Section 8-2A-6(C)(1) Retention Of Existing Trees:Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way)replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper . 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed p 121/4 inches or more lx caliper of tree removed mromm,..%.. „�,,.\. fs im.'�),�9 c?,rm °�k ; ;1,.. N' • Eagle City Code Section 8-2A-7(E)(7) All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material. • Eagle City Code Section 8-4-5 For the purpose of this title,the following space requirements shall apply, except that in the DDA and TDA the space requirement listed herein shall be reduced by fifty percent(50%) for all nonresidential uses and adjacent on street parking shall be included in the minimum requirement: Apartments or multi- For each unit with 2 or more bedrooms-2 including 1 covered; for family dwellings each 1 bedroom or studio unit- 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement Offices,business and 1 per 250 square feet of gross floor are professional Retail sales not listed 1 per 250 square feet of gross floor area;in the DDA and TDA 1 per under another 500 square feet of gross floor area shall be required for any such use use classification and on street parking shall be included in the minimum requirement C. DISCUSSION: • The applicant is requesting design review approval to construct a 5,922-square foot,two story retail/office/apartment building. The retail and office uses will occupy the first floor and two apartment units will be on the second floor. According to the applicant's justification letter,date stamped by the City on August 23, 2012, the proposed design relates to the traditional design characteristics of the Italianate style but also introduces contrasting,yet complementing elements that offset the traditional foundation of the design. It is the applicant's opinion that the placement Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drf.doc of a building on the site,the manner in which it relates to the street,and its basic mass,form,and materials is as important if not more important than adhering to a specific architectural design.The applicant believes the building design is compatible with the historic context of the City,while it also distinguishes itself as being"innovative". The building's design is simple in its massing and detail with clean lines and strong massing elements. Staff met with the applicant and provided feed back with regard to how the building would be perceived as modern as it went through the review process. The applicant is aware of this and is prepared to provide greater explanation regarding the design of the building to the Board. Staff defers further comment and recommendation to the Design Review Board regarding the design of the building. • The application and elevation plans, date stamped by the City on August 23, 2012, indicate that EIFS is to be used on approximately 49%of the exterior of the building. Pursuant to Eagle City Code,EIFS is permitted for accent only with a maximum of 10%per façade allowed. The applicant has indicated that they are willing to change the material to stucco but would like to discuss this further with the Board. It is the applicant's opinion that changing from EIFS to stucco will change some of the clean lines detailed on the building since EIFS requires less control or expansion joints than stucco does. The applicant should be required to provide revised elevation plans showing the material to be used on the exterior of the building to be stucco. The revised elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, all buildings are to include a"storefront"on the ground floor consisting of a minimum of 50%glass and floors above the main floor are required to have a minimum of 25%glass. The front of any building is the facade that fronts upon any street. This site is adjacent to North 15`Street and East Idaho Street;therefore,50%glass is required on the ground floor and 25%glass is required on the second floor on the west and south building elevations. The elevation plans, date stamped by the City on August 23, 2012, show the following: North 15`Street(west elevation) Ground floor=32% Second floor=31% East Idaho Street(south elevation) Ground floor=37% Second floor=26% The applicant should be required to provide revised elevation plans showing a minimum of 50% glass on the west and south building elevations. The revised elevation plans should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • This site is located within the Transitional Development Area(TDA). The front setback for buildings located within the TDA is to be a minimum of 10-feet to a maximum of 25-feet and the side setback is to be 0-feet to a maximum of 25-feet. The site plan, date stamped by the City on August 23, 2012, shows the front setback to be 0-feet and the side setback to the north to be 67- feet. Staff defers comment regarding the front and side setbacks of the building to the Design Review Board. • There is a 30-inch caliper maple tree located at the southwest corner of the site. The applicant indicates that the tree is in poor health and that they are proposing to remove the tree in order to construct the streetscape along North 1st Street and East Idaho Street in accordance with Eagle City Code. Pursuant to Eagle City Code, existing trees are to be retained unless removal is approved by the City. Where trees are approved by the City to be removed from the project site(or from abutting right of way),replacement with an acceptable species is required. Since the applicant is Page 8of14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drfdoc removing 30-inches of tree caliper from the site,the applicant should be required to provide a landscape plan showing 30-inches of tree caliper on-site or provide a monetary amount to the City Tree Fund for the removal of said tree. A revised landscape plan showing 30-inches of tree caliper replaced on-site should be reviewed and approved by staff and two members of the Design Review Board OR a monetary amount should be paid to the City Tree Fund in an amount to be determined by the Design Review Board prior to the issuance of a zoning certificate for this site. • 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 September 27, 2012. The Board continued his item to October 11, 2012, October 25, 2012, and to November 8, 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 3 to 0 (McCullough, Comstock,Pascua, and Hull absent)to approve DR-44-12 for a design review application to construct a multi-tenant retail/office building with residential apartments for Tavis and Brooke Reche,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The revised elevation plans, date stamped by the City of Eagle on November 6, 2012, showing the material on the exterior of the building to be stucco are approved. Provide revised elevation plans the issuance of a zoning certificate. 2. The elevation plans,date stamped by the City of Eagle on November 6, 2012, are approved.Pfevide•3. ' - . .. . . . : ! - = - - - . ' - `- ' . . ._ . - . • ... . ::. . e ' ... -- • _- . . 4. Provide a revised landscape plan showing a curb to be located between the alley and the planter area located adjacent to the alley. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a cross-access agreement allowing the site to the east to have access across this site. The cross Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-I2 Virtual IT Mixed Use bldg drfdoc access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site. 6. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 7. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred for reviewing this project. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan review. 10. No ground mounted mechanical units are proposed with this application and none are approved. 11. Roof top mechanical units,hoods,vents,access ladders shall not be permitted to extend above the parapet walls. 12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 13. No signs are proposed with this application. A separate design review application(DR-45-12)has been submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 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 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 Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg dr£doe 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 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 Page 11 of 14 K.\Plannmg Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drEdoc 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, 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, Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drf.dos 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 Design Review Board 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 August 23, 2012. 2. Requests for agencies' reviews were transmitted on August 30, 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-44-12) 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 as described herein. The Board recognizes that the building and site as designed do not comply with several areas of the code regarding setbacks, percentage of glass on the street facing facades, and mitigation for the removal of the large maple tree. It is the Board's opinion that the architecture of the building, the proposed mix of uses, and the placement of the building on the site meets the intent of the Eagle Comprehensive Plan; which encourages a mix of uses, active streets, and walkability in the Downtown. The Board determined that the maple tree located on the northeast corner of 15Y Street and Idaho Street was of poor structure, near the end of its life, and should be removed without mitigation The removal of the maple tree allows the applicant to design and place their building at the northeast corner of the 1 S` Street and Idaho Street intersection, locate the parking to the north of the building, complete the streetscape along both streets, complete the bulb out at the intersection, all while providing greater visibility of this site from State Street. 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 13of14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual IT Mixed Use bldg drf.doc DATED this 15th day of November 2012. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ..,,,,,,,,,,,,,,'• , .• �F EAC '•. Ada Co ty, aho ::'�-l�r.•••••••.�E` V~i Q0R47> 7 if Robert Grub , Vi e-Chairman * •• S V'P* =0, 17'EOV ATTEST: , ..4Ak 64(44—'1/4-1 Allr 0 '11 11 0 t/ Sharon K.Bergmann, agle City Clerk tt This decision may be appealed to the City Council. An appeal fee,as adopted by resolution of the City Council,shall be required for any appeal. The appeal shall be submitted within ten(10)calendar days from the date of these findings by filing with the administrator a notice of appeal specifying the grounds for the appeal. Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis. Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-44-12 Virtual TT Mixed Use bldg drf.doc