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Findings - DR - 2013 - DR-37-13 - Remodel Existing Building Into An Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO REMODEL ) EXISTING BUILDING INTO AN OFFICE ) BUILDING FOR LARRY AND DEBI DOWNS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-37-13 The above-entitled design review application came before the Eagle Design Review Board for their action on August 22, 2013. 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: Larry and Debi Downs,represented by James Gipson, are requesting design review approval to remodel a 940-square foot building into an office for Downs Realty. This application is also to review the construction of a 555-square foot addition to the existing building. The 0.28-acre site is located on the west side of South Eagle Road approximately 700-feet north of State Highway 44 at 221 South Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 18, 2013. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 29, 2013, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 24, 2008, the Eagle City Council approved a rezone for this site with a development agreement(RZ-02-08). On July 12, 2008, the Eagle City Council approved a design review application to convert this building from a residential dwelling unit to a retail building(DR-25-08). On July 12, 2008, the Eagle City Council approved a design review sign application for the building wall signage for the Spoons Kitchen(DR-26-08). E. COMPANION APPLICATIONS: DR-38-13 (design review sign application). Page 1 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg dr£doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Vacant single family District with development residence(dilapidated) agreement) Proposed No Change No Change Office North of site Downtown CBD-DA(Central Business Commercial(Mean Jeans) District with development agreement) South of site Downtown R-4 (Residential up to four Drugstore with drive thru dwelling units per acre window(Walgreens) maximum) East of site Downtown CBD (Central Business Eagle Road, restaurant District) w/drive thru(McDonalds) West of site Residential Four R-4(Residential up to four Single family residential dwelling units per acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: The site is located in both the TDA and CEDA overlay districts. Pursuant to Eagle City Code 8- 2A-5(C)(4),when a parcel lies within two overlay districts the more restrictive overlay district shall generally apply. H. EXISTING SITE CHARACTERISTICS: A residential structure currently exists on the site(very dilapidated),and is accessed via a twelve foot(12')wide unpaved drive aisle. Various mature trees and shrubs also exist on the property, including several mature Catalpa trees.The Spoils Banks Canal extends within a 100-foot easement along the west portion of the property. Page 2 of 13 K;V'lannmg Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.280-acres(12,197-square feet) 0.01-acres(500-square feet) (minimum) Percentage of Site Devoted to Option A= 12% 20%(minimum)* Building Coverage Option B=8% 85%(maximum)* Percentage of Site Devoted to 53% (approximately) 10%(minimum) Landscaping Number of Parking Spaces 7-parking spaces 3-parking spaces(minimum)** Front Setback Option A=28-feet 10-feet(minimum)* Option B=44-feet 25-feet(maximum)* Rear Setback 142-feet 0-feet(minimum) Side Setback 10-feet 0-feet(minimum)* 10-feet(maximum)* Side Setback 8-feet 0-feet(minimum)* 10-feet(maximum)* *Note: Setbacks and lot coverage when located within the TDA overlay district. **Note:The required parking within the DDA and TDA shall be reduced by 50%for all nonresidential uses. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: One building to be used for an office. Height and Number of Stories of Proposed Buildings: 19 1/2-feet high; one story. Gross Floor Area of Proposed Buildings: Existing= 940-square feet Addition= 555-square feet Total= 1,495-square feet On and Off-Site Circulation: A 4,180-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25-foot wide driveway is proposed to be located on the south side of this site approximately 220-feet west of Eagle Road providing access to the Walgreens site located adjacent to the south property line of this site. K. BUILDING DESIGN FEATURES: Roof:Architectural fiberglass shingles(black) Walls:Lap siding(Kilm Beige) Windows/Doors:Vinyl windows(tan),wood doors(tan) Fascia/Trim:Wood(cordova brown) Page 3 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are several existing trees on this site that the applicant is proposing to retain. Tree Replacement Calculations: The applicant is proposing to keep the majority of the trees on this site; however,they are proposing to remove several Black Locust trees and a dead pine tree from the site. The remaining trees are to be retained and protected during construction. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board Street Trees: There is an existing street tree located within the planter strip located between curb and separated sidewalk. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the site with the exception of the north property line. b. Interior Landscaping: 0%interior landscaping is required, 14%is proposed. M. TRASH ENCLOSURES: The application indicates that the trash container will be concealed but does not indicate where on the site it is to be stored. Pursuant to Eagle City Code,trash containers are to be screened from view. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping. 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: No preliminary approval letters from Central District Health Department,Eagle Fire Department, or 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 Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr\20I3\DR-37-13 Downs Realty office bldg drf.doc T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—yes—the applicant is proposing to retain all the desirable trees and remove the undesirable trees(black locust and dead pine trees) Riparian Vegetation-no Steep Slopes-no Stream/Creek-yes(Spoil Banks canal extends adjacent to the west portion of the site) 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: Drainage District No. 2 Idaho Department of Lands Idaho Transportation Department Middleton Irrigation Association,Inc. and Middleton Mill Ditch Co. Settlers Irrigation District 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 designates this site as Downtown. 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, and the design review board shall consider: • Eagle City Code Section 8-2A-6(D)(2)(d) 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. Page 5 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc • Eagle City Code Section 8-2A-6(D)(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. • 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)(f) 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. The minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with provisions of this title for structures that include residential uses on floors other than the ground floor. • Eagle City Code Section 8-2A-6(G)(13) Sidewalks within the TDA shall be a minimum of ten feet(10')wide and shall abut the curb or shall be a minimum of eight feet(8')wide with a ten foot(10')wide landscape strip between the sidewalk and curb.If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD book,consisting of smooth and textured concrete with a"running bond"brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet(6')in width. • Eagle City Code Section 8-2A-7(C) Existing Vegetation: 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 " Sgt ea, 61/4 inches to 12 inches 1.5x caliper of tree removed 4R 121/4 inches or more lx caliper of tree removed , In all cases,planting within public rights of way shall be with approval from the public and/or private entities owning the property. Page 6 of 13 K.\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc Example: An eight inch(8")caliper tree is removed, an acceptable replacement would be three(3)4-inch caliper trees or four(4) 3-inch caliper trees. 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 Cl of this section. 3. Grade Changes And Impervious Surfaces:Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line,whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(K)(3) Parking Lot Perimeter Landscaping:Perimeter landscaping requirements define parking areas and prevent two(2)adjacent lots from becoming one large expanse of paving.This requirement does not hinder the ability to provide vehicular access between lots. a.Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot,and plant with a minimum of one shade tree and five(5) shrubs per thirty five(35) linear feet of perimeter. C. DISCUSSION: • The applicant is requesting design review approval to remodel an existing 940-square foot building into an office building. The architectural style of the exterior remodel will comply with the "Craftsman" style of architecture as specified within the EASD book. The ultimate desire of the applicant is to remodel the 940-square feet and add an additional 555-square foot addition to the building. The applicant has provided plans showing and Option A and Option B. Option A includes the 555-square foot addition to the 940-square foot building and Option B is just remodeling the 940-square foot building. Both options including the construction of the parking area west of the existing structure, a concrete plaza on the east side of the structure, landscaping at the base of the building, and access to the site from the Walgreens site adjacent to the south property line. The minimum front set back in the TDA overlay district is 10-feet and the maximum is 25-feet and the minimum lot coverage is 20%. Option B shows the existing front setback of the building is 44-feet from the east property line of Eagle Road with a minimum lot coverage of 8%. Option A shows the proposed front setback to be 28-feet from the east property line of Eagle Road with a minimum lot coverage of 12%. Neither Option A nor B meet the maximum required front setback of 25-feet or the minimum lot coverage of 20%. Staff defers comment to the Design Review Board regarding the existing and proposed front setback from the east property line and the minimum lot coverage. The east building elevation is proposed to look the same regardless if Option A or B is constructed. Option B would utilize the existing structure; thus staff understands how achieving 50% glass on the east elevation would be difficult. However, if Option A were constructed, this would be a new portion of the structure. Because Option A would be new construction, staff recommends the applicant design the building facade to include 50% glass on the east elevation The applicant should be required to provide revised elevation plans showing Option A with 50% glass on the east building elevation The revised building elevation should be reviewed and Page 7 of 13 K:\Plane®g Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • Currently there is a separated sidewalk adjacent to Eagle Road with a 2-foot wide planter with grass, a street tree and a historic light fixture. The site and landscape plan show the 2-foot wide planter strip and 4-foot wide sidewalk remaining with an additional 6-feet of stamped sidewalk to be constructed adjacent to the west side of the existing 4-foot wide sidewalk so as to provide a total of 10-feet of sidewalk. Pursuant to Eagle City Code, a 10-foot wide sidewalk abutting the back of curb or a minimum of 8-feet wide with a 10-foot wide landscape strip between the sidewalk and back of curb. This property is the last of several on the west side of Eagle Road to redevelop. Pursuant to previous action by the Board and Council prior applicants have been permitted to provide a 10-foot wide sidewalk by adding an additional 5 to 6-feet of red stamped concrete to the west side of the existing sidewalk. Since the site is only 50-feet wide, it is staff's opinion that to require the applicant to remove the existing sidewalk and construct the 10-foot wide sidewalk in compliance with Eagle City Code would be additional cost that could otherwise be utilized on other aspects of this site to gain compliance with Eagle City Code. • The site and landscape plan show the parking to be constructed on the west side of the existing building. There is a 5-foot wide landscape area between the proposed parking spaces and the south property line. No landscaping has been shown to be located along the north property line. The applicant indicates that because they have designed their parking lot to retain several of the mature trees that providing landscaping along the north property line should not be required. Pursuant to Eagle City Code, a 5-foot wide perimeter landscape strip is required between property lines and parking lots to be planted with a minimum of one shade tree and five shrubs per thirty five linear feet of perimeter. If the Board determines that a 5-foot landscape strip is not required between the parking lot and the north property line, the applicant should be required to grade and design the drainage of this site so that runoff from the parking lot does not drain onto the property to the north. The grading and drainage plans should be reviewed and approved by the City Engineer prior to the issuance of building permit. • 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 August 22, 2013, 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 4 to 0 (McCullough and Grubb absent)to approve DR-37-13 for a design review application to remodel an existing building into an office building for Larry and Debi Downs,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. Page 8 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The elevation plans, date stamped by the City on August 1, 2013, are approved. Provide revised 2. If Tthe Board determineds that a 5-foot landscape strip is not required between the parking lot and the north property line,the applicant shall be required to grade and design the drainage of this site so that runoff from the parking lot does not drain onto the property to the north. A concrete curb shall be constructed at the northern edge of the asphalt in order to protect the edge of the asphalt. The grading and drainage plans shall be reviewed and approved by the City Engineer prior to the issuance of building permit. 3. Provide a revised site plan showing the location of a bike rack to be located on this site. Provide detailed cut sheets showing the style, size,color,etc.of the proposed bike rack. The revised site plan and detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate. 4. The existing 16-foot wide curb cut driveway on Eagle Road shall be removed and replaced with vertical curb and gutter and sidewalk to match that which is existing and approved with this application. The irrigation and grass planter area shall be extended and completed to match the existing. The removal of the driveway, sidewalk and landscape improvements shall be completed prior to the issuance of a certificate of occupancy for this site. 5. Provide a revised site and landscape plan showing the location of the trash tote and show how it is to be screened from view so as to be in compliance with Eagle City Code. The revised site and 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. 6. All overhead power lines shall be located underground prior to the City issuing a certificate of occupancy for this site. 7. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred for reviewing this project. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan review. 11. Paint all electrical meters,phone boxes, etc.located on the building to match the color of the building. 12. No signs are proposed with this application. A separate design review application(DR-38-13)has been submitted for the approval of signage for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 13. Provide a revised landscape plan showing shrubs to be planted in the 5-foot wide landscape strip between the south property line and the parking lot. The shrub material shall be a minimum of 3-foot in height at the time of planting. 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. 14. The sidewalk shown on the site and landscape plan, date stamped by the City on August 1, 2013, is approved. Page 9 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drf.doc 15. The setbacks and lot coverage shown on the site and landscape plan,date stamped by the City on August 1,2013,are approved. 16. The elevations plans,date stamped by the City on August 1, 2013, are approved. 17. Provide a revised landscape plan showing additional shrubs with regard to texture and variety on the east and south sides of the building and within the courtyard area. 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. 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 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 Page 10 of 13 K:\Planning Dept\Eagle Applications\Dr\20l3\DR-37-13 Downs Realty office bldg drf.doc 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 of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. Page 11 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drtdoc 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, 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. Page 12 of 13 K:\Planning Dept\Eagle Applications\Dr\2013\DR-37-13 Downs Realty office bldg drfdoc 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 July 18, 2013. 2. Requests for agencies' reviews were transmitted on July 29, 2013,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-37-13) 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. As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions, the Board recognizes that this site does not conform with several areas of the code regarding building setbacks,lot coverage,streetscape, and storefront glass. The Board recommends that the code sections regarding these items be suspended or relaxed to foster the rehabilitation of this building and site. The approval of the proposed use and site improvements will greatly enhance this area of the city in a positive way by creating an inviting destination for patrons and passing pedestrians and vehicles as they enter Downtown Eagle 4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the CBD-DA(central business district with development agreement)zoning district. DATED this 12th day of September 2013. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Eric R ulloug Chairman _•` ��l OF F�'•., 1O% POk t��t,. * ; G A• ATTEST: •.. m: % SEAL , * R A Sharma K.Bergmann,Eagle City Clerk, •��'•••*F IONS:" 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\2013\DR-37-13 Downs Realty office bldg drf.doc