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Findings - DR - 2015 - DR-12-15 - Convert A Daycare Facility Into A Multi-Tenant Office BuildingBEFORE 'rXM EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONVERT A ) DAYCARE FACILITY INTO A MULTI- TENANT ) OFFICE BUILDING WITH CONTRACTOR'S ) YARD FOR CHRIS LOMBARDO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -12 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on July 9, 2015. 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: Chris Lombardo, represented by Brad Smith with Babcock Design Group, is requesting design review approval to convert the use of a 6,262 - square foot building from a daycare to a multi -tenant office with a contractor's yard. The 1.07 -acre site is located on the north side of East State Street approximately 335 -feet east of South Edgewood Lane at 1740 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 1, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 23, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 21, 1997, the Eagle Planning and Zoning Commission approved a design review sign application for a monument sign to be constructed at the New Horizon Child Care facility (DR -22- 96). On January 11, 2005, the Eagle City Council approved a building wall sign for New Horizon Child Care (DR- 10 -04). On June 23, 2015, the Eagle City Council approved a conditional use permit for a contractor's yard (DU- O1 -15). E. COMPANION APPLICATIONS: None Page 1 of 12 KAPlanning Dept\Eagle Applio ions\Dr\2015\DR -12 -15 Forte Connnraion Bldg drEd- F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site contains one (1) existing 6,262- square foot two -story commercial building. A paved parking area with landscaping is located from the front property line to an area in alignment with the rear corners of the existing building. Page 2 of 12 KAPlenning Dept\Fagle Applic ionADr\2015\DR -12 -15 Forte Construction Bldg drEd- COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C -2 (General Business Daycare District) Proposed No Change No Change Multi -Tenant Office Building and Contractor's Yard North of site Commercial C -2 (General Business Business Park (Andon District) Complex) South of site Commercial BP (Business Park) Vacant Parcel East of site Commercial C -2 (General Business Business Park (Andon District) Complex) West of site Commercial C -2 (General Business Vacant Property (Currently District) being utilized for the storage of equipment) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site contains one (1) existing 6,262- square foot two -story commercial building. A paved parking area with landscaping is located from the front property line to an area in alignment with the rear corners of the existing building. Page 2 of 12 KAPlenning Dept\Fagle Applic ionADr\2015\DR -12 -15 Forte Construction Bldg drEd- I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.07 -acres (46,609 - square feet) 0.03 -acres (1,300- square feet) (minimum) Percentage of Site Devoted to Building Coverage 45% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 24% (approximately) 10% (minimum) Number of Parking Spaces 21- parking spaces 25- parking spaces (minimum) Front Setback 45 -feet (south) 0 -feet Rear Setback 83 -feet (north) 0 -feet Side Setback 25 -feet (west) 0 -feet Side Setback 50 -feet (east) 0 -feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: One building to be used as a multi - tenant office with a contractor's yard. Height and Number of Stories of Existing Buildings: Approximately 22 -feet high; two stories. Gross Floor Area of Existing Buildings: First Floor = 5,987 - sqaure feet Second Floor = 275- square feet Total = 6,262- square feet On and Off -Site Circulation: A 5,600- square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25 -foot wide driveway is located on the south side of this site approximately 24 -feet west of the east property line and one 23 -foot wide driveway is located approximately 15 -feet east of the west property line; both driveways provide access to East State Street. K. BUILDING DESIGN FEATURES: Roof- Composition Shingles (Gray) Walls: Lap siding (Yellow), Brick Masonry Wainscot, and River Rock Stone Columns Windows/Doors: Vinyl windows (white), Metal doors (white) Fascia/Trim: Wood fascia (white) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are numerous existing trees that the applicant is proposing to protect and retain. Tree Replacement Calculations: N/A Page 3 of 12 KAPlanning Dept\Eagle Applications\Dr\201 MR -12 -15 Forte Construction Bldg drf docc Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: No street trees are proposed with this application. 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 east and south sides of the parking area located on the eastern portion of the site. b. Interior Landscaping: 8% interior landscaping is required, 4% is proposed. M. TRASH ENCLOSURES: One 120- square foot trash enclosure is located along the west side of the site approximately 150 - feet north of the western driveway on East State Street. The enclosure is constructed of white vinyl fencing and gates. N. MECHANICAL UNITS: The applicant is using the existing ground mounted mechanical units located on the west side of the building. The ground mounted mechanical units are proposed to be screened with white vinyl fencing to match that already used throughout the site. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. the approval of any signs. A separate design review application is required for Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Central District Health Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Page 4 of 12 KAPlanning Dept\Eagle ApplicationADA2015\DR -12 -15 Forte Construction Bldg drf.docx 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 Central District Health 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 (adopted February 7, 2011) designates this site as Commercial. Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should compliment uses within Downtown Eagle. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -1 -2 defines Contractor's Yard as: Any area of land or building used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land or building used for the incidental repair of machinery used for any of the above listed activities. • Eagle City Code Section 8 -2 -1 C -2 General Business District: To permit the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones. Uses that complement rather than compete with the uses allowed within the CBD zoning district shall be encouraged. • Eagle City Code Section 8 -2 -3 states in part that Contractor's Yard and/or Shop located within a C -2 (General Business District) zoning district requires the approval of a conditional use permit. • Eagle City Code 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, Page 5 of 12 KAPlanning DeptWagle Applic tions\Dr\2015NDR -12 -15 Forte Construction Bldg drfdo • Eagle City Code 8- 2A- 7(J)(2)(c) To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6) high landscaped buffer is required. • Eagle City Code 8- 2A- 7(J)(3) Materials: a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of sixty percent (60 %) of the total plant material used. b. Height requirements shall be accomplished with plant material, with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60 %) or more of the vertical surface is closed and prevents the passage of vision through it. d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening. • Eagle City Code 8- 2A- 7(K)(4) Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as follows: Percent Of Total Area Of Total Number A Lot That Must Be An j Of Spaces Interior Landscaped Area 10-20 _ 5 percent 21 - 50 _'8 percent — 51+ 10 percent • Eagle City Code Section 8 -4 -5 Schedule of Parking Requirements: Offices, business and professional 1 per 250 square feet of gross floor area C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Provide a revised site plan showing a minimum of twenty -five (25) parking spaces to be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate (ECC 8 -4- 5). • The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to the storage of material on the site (ECC 8- 7- 2[A]). • The applicant shall submit a design review application showing: 1) a minimum of 10% of the site to be covered by landscaping, 2) proposed screening of the area to be utilized as a contractor's yard, Page 6 of 12 KAPlanning Dept\Eagle ApplicationADA201 5\DR- 12-15 Forte Construction Bldg drf. doex 3) required parking, and 4) a change of use converting the existing building from daycare to multi - tenant office (ECC 8 -2A -6, 8- 2A -7). All living trees on the site shall be preserved, unless otherwise determined by the Design Review Board. The design review application shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate for this site (ECC 8- 2A -17). • The contractor's yard area shall be limited to the storage of building materials and small equipment incidental to contracting work. No general industrial or commercial uses shall be conducted within the contractor's yard. All materials and small equipment shall be stored within a screened area located behind the existing building (ECC 8- 3- 5[H]). D. DISCUSSION: • The applicant is requesting design review approval to convert an existing 6,262 - square foot daycare facility into a multi -tenant office building with a contractor's yard. The building was constructed in 1994, prior to Eagle City Code requiring buildings to be designed and constructed in compliance with the EASD book. The applicant is not proposing to make any modifications to the building at this time. The landscaping located on the south side of the building and located to the west of the western driveway is to remain but will be updated with some plant material and planter areas. There is a landscape area located adjacent to the eastern property line abutting the parking area where nothing is currently planted. The landscape plan, date stamped by the City on April 1, 2015, shows plant material to be installed in this landscape area. The applicant is also installing landscape islands within the parking area to be incompliance with Eagle City Code, However, even with the addition of landscape islands within the parking area, the site still does not meeting the 8% interior parking lot landscaping required within Eagle City Code. The applicant should be required to provide a revised landscape plans showing a minimum of 8% interior parking lot landscaping. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of zoning certificate. The fenced area located to the north of the building is to be converted from the outdoor play area associated with the daycare facility to a contractor's yard. On June 23, 2015, the Eagle City Council approved a conditional use permit for the fenced area to be a contractor's yard. Pursuant to the approval of the conditional use permit, the applicant is to show how the contractor's yard is to be screened. The landscape plan, date stamped by the City on April 1, 2015, shows a 5 -foot wide perimeter landscape area to be located on the north, east, and west property lines. Staff defers comment with regard to the proposed perimeter landscaping within the contractor's yard area to the Design Review Board. • The landscape plan, date stamped by the City on April 1, 2015, indicates the contractor's yard area is to be gravel. The applicant should be required to provide a dust and weed mitigation plan for the gravel contractor's yard area. The dust and weed mitigation plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. The applicant is proposing to use the existing trash enclosure located near the northwest corner of the building and on the west property line. There is an existing 6 -foot high white vinyl fence located around the trash receptacle. There is no landscaping existing or proposed to be installed around the enclosure. Pursuant to Eagle City Code, a five foot (51) wide by six foot (6) high landscaped buffer is required to be installed around the trash enclosure. The applicant should be required to provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscaped buffer on the north and east sides of the existing trash enclosure. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Page 7 of 12 KAPlanning Dept\Eagle App1imtione\DA2015\DR -12 -15 Forte Constn ion Bldg dtf do Board prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on April 1, 2015, shows 21- parking spaces to be constructed on this site. Pursuant to Eagle City Code, a minimum of 25- parking spaces is required to be provided with the change of use from a daycare to an office. The applicant should be required to provide a revised site /landscape plan showing a minimum of 25- parking spaces to be provided on this site in compliance with Eagle City Code. The revised site /landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on April 1, 2015, indicates a new fence is to be constructed and a gate is to be relocated on the east side of the building at the northernmost perimeter of the parking lot. The applicant should be required to provide detailed elevations of the proposed fence and gate to be used prior to installation. The detailed elevations of the fence and gate should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECODMENDATION 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 April 13, 2015, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0 (Grubb abstained; Hash absent) to approve DR -12 -15 for a design review application to convert a daycare facility into a multi -tenant office building with contractor's yard for Chris Lombardo, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of CU- 01 -15. 2. Provide a revised landscape plans showing a minimum of 8% +/- 2% interior parking lot landscaping. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of zoning certificate. 3. Provide a dust and weed mitigation plan for the gravel contractor's yard area noted on the landscape plan. The dust and weed mitigation plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscaped buffer on the north and east sides of the existing trash enclosure. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide a revised site /landscape plan showing a minimum of 25- parking spaces to be provided on this site in compliance with Eagle City Code. The revised site /landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 8of12 KAPlanning Dept\Fagle Applioa[ions\DA20151DR -12 -15 Forte Construction Bldg drfdoox 6. Provide detailed elevations of the proposed fence and gate to be used prior to installation. The detailed elevations of the fence and gate shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 10. No signs are proposed with this application. A separate design review application is required prior to the construction or installation of any signs on this site. 11. Provide a revised site plan showing a new location for a van accessible handicap parking space. The revised site plan shall be reviewed and approved b�taff prior to the issuance of a zoning certificate. 12. Provide a revised landscape plan showing the addition of two (,22) to three (3) trees to be planted in the gravel contractor's area along the fence (coordinating location with trees on the adjacent properties). The revised landscape plan shall show the shrubs and bark shown in the gravel contractor's area relocated to the center planter area located on the south side of the building. 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. 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 Page 9 of 12 KAPlanning Dept\Eagle ApplicationsTA2015OR -12 -15 Forte Construction Bldg drf.docx 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 of concern as may be determined by the Eagle Fire Department officials: Page 10 of 12 KAPlanning Dept\Eagle Applications\DA2015OR -12 -15 Forte Construction Bldg drf.docx 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, 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 Page 11 of 12 KAPlanning DeptTagle ApplicationsTA20151DR -12 -15 Forte Constriction Bldg drf.docx advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground- mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on April 1, 2015. 2. Requests for agencies' reviews were transmitted on April 23, 2015, 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- 12 -15) 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 C -2 (general business district) zoning district. DATED this 23' day of July 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada CouYbb, ho Robe G hairman ATTEST: '--b( , J, - ��&, eL �aron K. Bergmann, Eagle City Clerk IV1� 4Q °RgTtn O L Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 KAPI —ing Dept\Eegle Applic tions\DA2015\13R -12 -15 Forte Const —tion Bldg drf d-