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Findings - DR - 2014 - DR-24-14 - 2Multi-Tenant Office/Retail/Restaurant Buildings BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR TWO MULIT- ) TENANT OFFICE/RETAIL/RESTAURANT ) BUILDINGS FOR GARDNER COMPANY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-24-14 The above-entitled design review application came before the Eagle Design Review Board for their action on May 22, 2014. The Board continued this item to June 12, 2014, June 26, 2014, and to July 10, 2014, and made their decision 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: Gardner Company, represented by Brad Smith with Babcock Design Group, is requesting design review approval to construct two(2)multi-tenant office/retail/restaurant buildings. The 0.73-acre, 0.56-acre, and 0.582-acre sites are located 276-feet west of North Fisher Park Way within Eagle Island Crossing at 27, 21, and 17 North Fisher Park Way. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 10, 2014. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 14, 2014, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7, 2004,the Eagle City Council approved a comprehensive plan amendment and rezone(CPA-3-03 &RZ-8-03)with a development agreement(including a concept plan)for this site. On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony Subdivision (PP-07-04)on this site. On April 17, 2007,the Eagle City Council approved a preliminary plat time extension for Symphony Subdivision (PP-07-04) on this site. On November 13, 2007, the Eagle City Council approved a conditional use permit for a height exception request for the Arts West Music Academy building(CU-13-07). On November 13, 2007,the Eagle City Council approved the common area landscaping and Arts West Music Academy building(DR-67-07). On November 12, 2008,the Eagle City Council approved a modification to the rezone development agreement to permit a restaurant with a drive-thru(RZ-08-03 MOD). Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-I4 Two Multi-ten bldgs in Eagle Island Crossing drf doc On June 28, 2011,the Eagle City Council approved a modification to the rezone development agreement to permit a restaurant with drive-thru prior to Fisher Park Way being connected to Flint Drive(north from State Highway 44)(RZ-08-03 MOD2). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with a Vacant lots within Arts development agreement) West Subdivision Proposed No Change No Change Two Multi-tenant Office/Retail/Restaurant Buildings North of site Transitional Residential MU-DA(Mixed Use with a Vacant lots within Arts development agreement) West Subdivision South of site Public/Semi-Public PS (Public/Semi-Public) Single Family Dwelling East of site Mixed Use MU-DA (Mixed Use with a development agreement) Multi-tenant building within Arts West Subdivision West of site Mixed Use MU-DA (Mixed Use with a development agreement) Roundabout/Vacant lot within Arts West Subdivision G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: Vacant lot within Arts West Subdivision. The parking area on this site has been developed, as well as the adjacent street with street trees. Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-I4 Two Multi-ten bldgs in Eagle Island Crossing drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.87-acres(81,457-square feet) 0.11-acres(5,000-square feet) 0.73-acres (31,798-square feet) (minimum) 1.14-acres(49,658-square feet) Percentage of Site Devoted to Bldg A= 17%(approximately) 50%(maximum) Building Coverage Bldg C =22% (approximately) Percentage of Site Devoted to 10%(approximately) 10%(minimum) Landscaping Number of Parking Spaces 74-parking spaces total 65-parking spaces* Bldg A site=24-parking spaces Bldg C site= 50-parking spaces Front Setback Bldg A =90-feet(north) 20-feet(minimum) Bldg C=92-feet(north) Rear Setback Bldg A=48-feet(south) 20-feet(minimum) Bldg C=47-feet(south) Side Setback Bldg A=30-feet(west) 7.5-feet(minimum) Bldg C =39-feet(west) Side Setback Bldg A=43-feet(east) 7.5-feet(minimum) Bldg C =42-feet(east) *Note: Parking required when using parking calculations for retail and office use (1-parking space per 250-SF). A restaurant use would require 1-parking space per 150-SF. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two buildings to be used as office/retail/restaurant. Height and Number of Stories of Proposed Buildings: 26' high; one story. Gross Floor Area of Proposed Buildings: Building A =5,332-square feet Building C= 10,872-square feet On and Off-Site Circulation: A more than adequately sized paved parking lot provides parking for vehicles using these sites. Ingress/egress to the sites are provided by two access points located on the south side of North Fisher Park Way. K. BUILDING DESIGN FEATURES: Roof: Asphalt shingles(Shadow Gray),membrane Walls: Stucco (Ashley Gray, Brown Tar, Kahlua and cream, Blair Gold), Stone (Bucks County Page 3of12 K:\Planning Dept\Eagle Applications\Dr\20l4\DR-24-l4 Two Multi-ten bldgs in Eagle Island Crossing drf.doc Country Ledgestone) Windows/Doors: Aluminum store front(Dark Bronze) Fascia/Trim: EIFS (Brown Tar), Metal Coping Cap(Brown Tar) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees along North Fisher Park Way and on the south side of the pathway adjacent to State Highway 44. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board Street Trees: The street trees along North Fisher Park Way were installed by the developer of Arts West Subdivision. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: The perimeter parking lot landscaping was reviewed and approve with the design review application for the common area landscaping within Arts West Subdivision (DR-67-07). M. TRASH ENCLOSURES: One 320-square foot trash enclosure is proposed to be located along the west side of the site approximately-feet south of the driveway on Eagle Road. The enclosure is proposed to be constructed of CMU walls with stucco finish and metal gates, all of which will be painted to complement the buildings. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The sheet labeled"Exterior Elevations", date stamped by the City on April 10, 2014, show the roof top mechanical units will extend above the parapet walls of the buildings. Pursuant to Eagle City Code, all roof top mechanical units are required to be completely screen from view by the parapet walls when viewed from the same level of the top of the parapet walls. 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. Page 4 of 12 K.\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf doc R. PUBLIC USES PROPOSED:None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern -none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-no 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: Boise River Flood Control District#10 Central District Health Eagle Fire Department Eagle Sewer District Idaho Transportation Department Tesoro Logistics NW Pipeline 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 Mixed Use. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Building placement shall be designed such that parking areas are at the sides of buildings, but not concentrated between the buildings and State Highway 44. Any buildings facing State Highway 44 shall be located at varied angles with the roadway to provide variety and to alleviate any walled corridor effect. The criteria to meet this requirement shall be reviewed and approved by the Design Review Board, prior to the issuance of any building permits. Page 5of12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf.doc • All buildings on lots contiguous to the State Highway 44 right-of-way shall be designed and constructed with architectural features and materials that enhance the entry corridor into the City. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design (EASD)book. Architectural styles not shown within the EASD book will not be considered. • Service driveways to the building sites facing the road rights-of-way shall be designed to maximize the landscaping abutting the buildings without compromising function and utility. All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures from view as seen from residential uses or roadways. Screening materials and location of the loading docks and trash containers shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.10 Excluding the residential subdivision located on Lots 1 and 2, Block 1, all buildings require the approval of the Design Review Board. The design of the buildings shall incorporate residential elements to ensure compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle Architecture and Site Design book(EASD)as set forth in Eagle City Code Section 8-2A. D. 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(A)(5)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan); • Eagle City Code Section 8-2A-6(A)(6)Building Design: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment,to provide shadow relief. Avoid monotonous flat planes; Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-I4 Two Multi-ten bldgs in Eagle Island Crossing drf.doe 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; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. E. DISCUSSION: • The applicant is proposing to construct two multi-tenant office/retail/restaurant buildings. Building A is proposed to be 5,332-square feet and Building C is proposed to be 10,872-square feet. The applicant's justification letter indicates that the architectural style of the two buildings falls within the Tudor Style of architecture as indicated within the EASD book. The style, colors, materials, etc. proposed to be used in the construction of these buildings complements those that have been used on the existing buildings already constructed within this development. It is staff's opinion that while the buildings complement the other buildings within this development,these buildings are lacking some of the detail that was used in the construction of the other buildings. In addition Building C is 152-feet in length and there is only one architectural element proposed in the middle of the building on the north and south building elevations. Pursuant to Eagle City Code,the mass of buildings are to be reviewed for their relationship with existing development with regard to height to width and openings and change in building facades in the building that provide interested. While staff recognizes the applicant is constructing buildings in which they are unsure of the potential tenants and that they want to preserve the ability to accommodate any future tenant, staff is concerned about the"store front"stucco look on the south building elevations of both buildings. As indicated on the elevations plans,the roof top mechanical units are not proposed to be completely screened from view. Pursuant to Eagle City Code, all roof top mechanical units are to be completely screened from view by the parapet walls, meaning not visible at the same level or elevation of the parapet wall. With the applicant needing to extend the height of the walls on these buildings, staff is concerned that the overall mass of these buildings will be exasperated in even more because the increased height of the buildings. Staff has provided elevation plans of the existing buildings to show the detail provide on the existing buildings in relation to the two buildings being proposed with this application. Notice the stone on the columns and corners of the building extend to the horizontal accent band,there are dormer windows with mullions located above all the store front windows and entrances, the buildings have vertical relief either vertically and/or in planer change,the"gingerbread"detail on the existing buildings helps provide visual interest to the facades of the buildings. The applicant should be required to provide revised building elevations showing greater detail on the proposed buildings to help break up the mass of the buildings. The revised building elevations should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. The applicant should be required to provide revised building elevations showing all roof top mechanical units, hoods, ladders, vents, etc. are completely screened from view by the parapet walls. The revised building elevations should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • Staff defers comment regarding building design and colors to the Design Review Board. Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf doc 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 May 22, 2014. The Board continued the item to June 12, 2014, June 26, 2014, and July 10, 2014, 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 6 to 0(Martin absent)to approve DR-24-14 for a design review application to construct a multi-tenant office/retail/restaurant building for Gardner Company, 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. Comply with all applicable conditions of the Design Review application for the common area landscaping within Eagle Island Crossing Subdivision (DR-67-07). 2. Comply with all applicable conditions of the comprehensive plan amendment, rezone and preliminary plat applications for Eagle Island Crossing Subdivision(formerly known as Symphony Subdivision) (CPA-03-03/RZ-08-03 &PP-07-04).•3. • - - - ..' . : - - - ._ .• . .:. . ' : : . . . -- ' - ' :.. . . .., _ - _--- -• •. 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. 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. No ground mounted mechanical units are proposed with this application and none are approved. 10. Roof top mechanical units, hoods,vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 11. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf doc 12. No signs are proposed with this application and none are approved. A separate design review sign application for the approval of a master sign plan for this building is required prior to any signs being constructed on either of these buildings. 13. The elevation, roof, and floor plans, date stamped by the City on July 2, 2014, are approved. 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 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 Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf.doc 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. 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. Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf doc 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. 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. Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-M Two Multi-ten bldgs in Eagle Island Crossing drf doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on April 10,2014. 2. Requests for agencies' reviews were transmitted on April 14, 2014, 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-24-14) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the MU-DA(mixed use with development agreement)zoning district. DATED this 24th day of July 2014. DESIGN REVIEW BOARD OF THECITYO E• i L Ada County 1/a o ' Robert Grubb, Chairman •a""""'••., .•••�PGLE ••••, $ ATTEST: 'V 40 :4 U: O ors by v S�'Py'c�A4'� J1� _��i/iii�//. /t ,•�� �'•�,,,Mll'N ��1",� Sharon K. Bergmann, Eagle City C erk �'• ST TATS •••••••••••06's Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf.doc