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Findings - DR - 2016 - DR-04-16 - Construct A 5709 Sq' Multi-Tenant Office/Retail Building/120 N. 1St St.BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI- ) TENANT OFFICE/RETAIL BUILDING FOR ) VIRTUAL IT FOR TAVIS AND BROOK RECHE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -04 -16 The above - entitled design review application came before the Eagle Design Review Board for their action on February 25, 2016. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Tavis and Brook Reche, represented by Walter Lindgren with Lindgren:Labrie Architecture, are requesting design review approval to construct a 5,709- square foot multi -tenant officelretail building. The 0.16 -acre site is located on the northeast corner of North I" Street and Idaho Street at 120 North I` Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 21, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 22, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 15, 2012, the Eagle Design Review Board approved a design review application for a two story retail/office /apartment building (DR- 44 -12). On November 27, 2012, the Eagle City Council approved an appeal of the Design Review Board decision to require paving of the alley located on the north side of the property (AA- 02 -12). E. COMPANION APPLICATIONS: DR -05 -16 (design review sign application) Page 1 of 13 KAPlanning Dept\Eagle Applicatiom\Dr\20161DR -0416 Virtual IT Bldg d,f docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Transitional Development Area (TDA). H. EXISTING SITE CHARACTERISTICS: There is an existing 1,144- square foot residential dwelling unit and detached garage on the site. A 30 -inch caliper Silver Maple tree is located at the intersection of Idaho Street and I" Street. Page 2 of 13 K:Wlanning DepttEagle Applicaliom\DFl2016\DR -04 -16 Virtual TT Bldg drf.docx COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Downtown Central Business District Single Family Dwelling Proposed No Change No Change Multi -tenant Retail/Office Building North of site Downtown Central Business District Single Family Dwelling South of site Downtown Central Business District Single Family Dwelling East of site Downtown Central Business District Single Family Dwelling West of site Downtown Central Business District Single Family Dwelling G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Transitional Development Area (TDA). H. EXISTING SITE CHARACTERISTICS: There is an existing 1,144- square foot residential dwelling unit and detached garage on the site. A 30 -inch caliper Silver Maple tree is located at the intersection of Idaho Street and I" Street. Page 2 of 13 K:Wlanning DepttEagle Applicaliom\DFl2016\DR -04 -16 Virtual TT Bldg drf.docx I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.16 -acres (7,000- square feet) 0.01 -acres (500- square feet) (minimum) Percentage of Site Devoted to 43% (approximately) 20% (minimum) Building Coverage 85% (maximum) Percentage of Site Devoted to 21% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 12 -total parking spaces 12- parking spaces (minimum) 9- parking spaces on -site (on- street parking spaces shall 4 -on- street parking spaces be included in the minimum requirement) Front Setback 0 -feet (west) 10 -feet (minimum) 25 -feet (maximum) Rear Setback 0 -feet (east) 0 -feet Side Setback 0 -feet (south) 0 -feet (minimum) 10 -feet (maximum) Side Setback 67 -feet (north) 0 -feet (minimum) 10 -feet (maximum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used for retail and office. Height and Number of Stories of Proposed Buildings: 31 ' /z' high; two stories. Gross Floor Area of Proposed Buildings: First Floor = 3,000- square feet Second Floor = 2,709- square feet Total = 5,709- square feet On and Off -Site Circulation: A 2,494 - square foot (approximately) paved parking lot provides parking for vehicles using this site. One 24 -foot wide driveway is proposed to be located on the west side of this site approximately 108 -feet north of Idaho Street providing access to I" Street. K. BUILDING DESIGN FEATURES: Roof: Single Play Roofing Membrane (White) and Architectural Composition Shingle (Walnut Brown) Walls: Brick (Coronado: LaJolla Blend), Stucco (Distant Gray and Costal Fog), Fiber Cement Board Lap Siding (Taos Taupe) Windows/Doors: Metal windows and doors (Dark Bronze) Fascia/Trim: Stucco (Coastal fog) Page 3 of 13 KAPlanning Dept\Eagle ApplicationADA2016\1311-04 -16 Virtual 1717 Bldg drfdocx L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There is an existing 30 -inch caliper maple tree located at the southwest corner of the site. In 2012, when this site was previously reviewed, it was noted that the maple tree was in poor health and that it is located within the right of way and future sidewalk/bulb out area of I" Street and Idaho Street. The applicant is proposing to remove the tree. Tree Replacement Calculations: Pursuant to Eagle City Code, the applicant is required to provide 30- inches of tree caliper on -site. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install six (6) Capital Flowering Pear trees along 151 Street and Idaho Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed on the north, west, and east sides of the parking lot. b. Interior Landscaping: 0% interior landscaping is required, 7% is proposed. M. TRASH ENCLOSURES: The applicant indicates that two (2) 96- gallon totes are to be used and located behind the fenced area near the southeast corner of the site. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The mechanical units are to be screened by the parapet walls. No ground mounted mechanical units are proposed. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from the Eagle Fire 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 Page 4 of 13 KAPIa mg DepM yle Applicaliom\DA2016kDR -0416 Virtual IT Bldg drf.docx T. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - Yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Eagle Fire Department 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 Downtown. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8- 2A -5(E) Eagle Architecture And Site Design Book -EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD book, established through a resolution of the city council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, exhibit A -1 may only be modified through an ordinance amendment. The architecture styles found in the EASD book are permitted styles. Architectural styles not shown within the EASD book will not be considered. A copy of the EASD book is available at Eagle city hall. • Eagle City Code Section 8- 2A- 6(A)(6)(d) Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area Page 5 of 13 KAPlanning Dept\Eagle Applicatiow\Dr\20I6\DR -0416 Vinual IT Bldg drf.docx development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered. • Eagle City Code Section 8- 2A- 6(C)(2)(f) Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50 %) glass. Floors above the main floor shall have a minimum of twenty five percent (25 %) glass. The front of any building is the facade that fronts upon any street. • Eagle City Code Section 8- 2A- 6(D)(3)(a) Front building setbacks from the property line shall be a minimum of ten feet (10') to a maximum of twenty five feet (25'). • Eagle City Code Section 8- 2A- 6(13)(3)(b) Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable. • Eagle City Code Section 8- 2A- 6(C)(1) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches caliper 04 inches to 12 inches Replacement 2x caliper of tree removed 1.5x caliper of tree removed 12' /4 inches or more lx caliper of tree removed • Eagle City Code Section 8 -4 -5 For the purpose of this title, the following space requirements shall apply, except that in the DDA and TDA the space requirement listed herein shall be reduced by fifty percent (50 %) for all nonresidential uses and adjacent on street parking shall be included in the minimum requirement: Offices, business and 1 per 250 square feet of gross floor are professional Retail sales not listed 1 per 250 square feet of gross floor area; in the DDA and TDA 1 per under another 500 square feet of gross floor area shall be required for any such use use classification and on street parking shall be included in the minimum requirement Page 6 of 13 KAPlanning Dept\Eagle Applications \Dr\2016\DR -04-16 Virtual IT Bldg drEdocx C. DISCUSSION: The applicant is requesting design review approval to construct a 5,709- square foot, two story retail/office building. As noted in the applicant's justification letter, date stamped by the City on January 21, 2016, with the exception of eliminating the residential uses from the project, this application is consistent with the original application approved by the Design Review Board in 2012. The proposed design is simple in its massing and detail with clean lines and strong massing elements. The architectural design relates to the traditional design characteristics of the Prairie style architecture, utilizing a mixture of brick and stucco. Painted fiber cement board lap siding is being utilized to present a warm texture facing the residential neighborhood to the north and east. Pursuant to Eagle City Code, all buildings are to include a "storefront" on the ground floor consisting of a minimum of 50% glass and floors above the main floor are required to have a minimum of 25% glass. This building has frontage on both North 1st Street and East Idaho Street. The elevations plans, date stamped by the City on July 21, 2016, show the following: North I" Street (west elevation) Ground floor = 27% Second floor = 29% East Idaho Street (south elevation) Ground floor = 32% Second floor = 18% Pursuant to Eagle City Code, buildings located within the Transitional Development Area (TDA) are required to have a front setback of 10 -feet to a maximum of 25 -feet, the side setback is to be 0 -feet to a maximum of 25 -feet. The site plan, date stamped by the City on January 21, 2016, shows the front setback (west) to be 0 -feet and the side setback (north) to be 67 -feet. Pursuant to Eagle City Code, existing trees are to be retained unless removal is approved by the City. Where trees are approved by the City to be removed from the project site (or from abutting right of way), replacement with an acceptable species is required. Since the applicant is removing 30- inches of tree caliper from the site, the applicant should be required to provide a landscape plan showing 30- inches of tree caliper on -site or provide a monetary amount to the City Tree Fund for the removal of said tree. On November 15, 2012, the Eagle Design Review Board approved a design review application for a multi- tenant retail/office /apartment building on this site (DR- 44 -12). The Board recognized that the building and site as designed did not comply with several areas of the code regarding setbacks, percentage of glass on the street facing facades, and mitigation for the removal of the large maple tree. It was the Board's opinion that the architecture of the building, the proposed mix of uses, and the placement of the building on the site met the intent of the Eagle Comprehensive Plan; which encourages a mix of uses, active streets, and walkability in the Downtown. They also determined that the maple tree located on the northeast corner of 1 s` Street and Idaho Street was of poor structure, near the end of its life, and should be removed without mitigation. By removing the maple tree, the applicant was able to design and place their building at the northeast corner of 1st Street and Idaho Street, locate the parking to the north of the building, complete the streetscape along both streets, complete the bulb out at the intersection, all while providing greater visibility of this site from State Street. Staff defers comment regarding the building architecture, percentage of glass on the street facing facades, and the mitigation for the removal of the large maple tree to the Design Review Board. However, if the Board does not find the same findings as they did on November 15, 2012, the following conditions should apply: 1. Provide revised elevation plans showing a minimum of 50% glass on the main floor on the west and south building elevations and 25% glass on the second floor on the south Page 7 of 13 KAPlanning Dept\Fagle Applicatiom\DA20I6t13R -0416 Vinual IT Bldg d,fdocx building elevation. The revised elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 2. Provide a revised site plan showing the building setbacks a minimum of 10 -feet from the west property line and a maximum of 10 -feet from the north property line. The revised site plan should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan showing 30- inches of tree caliper on -site OR provide a monetary amount to the City Tree Fund for the removal of the maple tree. A revised landscape plan showing 30- inches of tree caliper replaced on -site should be reviewed and approved by staff and two members of the Design Review Board OR a monetary amount should be paid to the City Tree Fund in an amount to be determined by the Design Review Board prior to the issuance of a zoning certificate. An 18 -foot wide right of way is located adjacent to the north property line of this site. Pursuant to the Comprehensive Plan and Eagle City Code, development in this area should be located adjacent to Idaho Street with access and parking located to the rear of the property. With existing right of way located adjacent to the north property line of all the properties located on the north side of Idaho Street, between 1st Street and 21 Street, this right of way will only help achieve the look of the downtown the city desires by providing access to the rear of these properties allowing the buildings to be designed to front Idaho Street with the parking located behind the buildings. On November 15, 2012, the Eagle Design Review Board approved a design review application for a multi- tenant retail/office /apartment building on this site (DR- 44 -12). With the approval of DR- 44 -12, the applicant was required to pave the alley, as was noted on the site plan. The applicant appealed the requirement of paving the alley to the City Council (AA- 02 -12). On November 27, 2012, the Eagle City Council approved the applicant's appeal which did not require the applicant to pave the right of way of the alley. Although the site plan for this application, date stamped by the City on January 21, 2016, indicates the alley right of way is to be improved, the applicant is not planning to improve the alley (see attached email dated February 18, 2016). If the Design Review Board and City Council determine the alley right of way should not be paved with this application, the applicant should be required to provide a revised site plan removing the note that the alley right of way is to be improved. The revised site plan 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 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 February 25, 2016, 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). Page 8 of 13 K:U'Ia mg Dept\Eagle App1ic=iom\Dr\2016\DR -04-16 Virtual lT Bldg drf.ducx BOARD DECISION: The Board voted 4 to 0 (Baer and Hash absent) to approve DR -04 -16 for a design review application to construct a multi- tenant retail/office building for Virtual IT for Tavis and Brooke Reche, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The elevation plans date stamped by the City on January 21 2016 are approved D -evide Fevis °a elev ,tier plans t,n laps s,,.. g ° .. f corn t ., the ROOF a fl the west and . uth building elevatiens and 25% glass on the seeend floor- an the seuth building elevatien. The mvised elev plans sha4l be reviewed and approved by staff and efie fnefl3ber- ef the Design Review Bear-d. b 2. The site plan date stamped by the City on January 21 2016 is approved. Provide a revised site plan showing the building setbaeks a frAniffmm of 10 feet fr-efa the west pr-epef4y line and a ma*iffmm o 10 feet fiefn the nei4h pr-epefty line. The revised site plan shall be Fe-viewed and appf:eved by the 3. PFevide a Fevised landseape plan shewing 30 inehes of tree ealiper- an site OR provide a menewy amount to the City T-ree Aind fer- the mmeval of the ffmple tr-ee. A revised landseape plan shewin 30 inches of tree ealiper- mplaeed eii site shall be feviewed and approved by staff and two membeFS ef the Design Review Board OR a monetary amount shall be paid to the City T-Fee Fund ift all affiGHFA 4. Provide a revised site plan removing the note that the alley right of way is to be improved. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing a curb to be located between the alley right of way and the planter area located adjacent to the alley right of way. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No ground mounted mechanical units are proposed with this application and none are approved. 11. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 13. No signs are proposed with this application. A separate design review application (DR- 04 -16) has been submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate. Page 9 of 13 KAPtanning Dept\Eagle Applicati— XDA201611DR -04 -16 Virtual IT Bldg drf.docx 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 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. Page 10 of 13 KAPlanning Dept\Eagle ApplicationADA2016011 -0416 Virtual IT Bldg drf docx 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. 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 Page I1 of 13 KAPlanning Dept\Eagle ApplicationADA2010DR -0416 Virtual IT Bldg drEdocx 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. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR- 04 -16) 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. Page 12 of 13 KAPlanning Dept\Eagle ApplicationADr12016011 -04 -16 Virtual IT Bldg drfdocx The Board recognizes that the building and site as designed do not comply with several areas of the code regarding setbacks, percentage of glass on the street facing facades, and mitigation for the removal of the large maple tree. It is the Board's opinion that the architecture of the building, the proposed mix of uses, and the placement of the building on the site meets the intent of the Eagle Comprehensive Plan; which encourages a mix of uses, active streets, and walkability in the Downtown. The Board determined that the maple tree located on the northeast corner of I ` Street and Idaho Street was of poor structure, near the end of its life, and should be removed without mitigation. The removal of the maple tree allows the applicant to design and place their building at the northeast corner of the IS` Street and Idaho Street intersection, locate the parking to the north of the building, complete the streetscape along both streets, complete the bulb out at the intersection, all while providing greater visibility of this site from State Street. It is with these improvements that the Board recommends approval of this project as proposed and with the modifications noted herein. 2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the CBD (central business district) zoning district. DATED this 10`x' day of March 2016. DESIGN REVIEW BOARD OF THE CI�'Y bF EAGLE Ada Cowntl(. I o U- v J -v • �,,.......,,, *, Robert Grubb, Chairman ••••• Q S09 4 ���i•,, • U: O +� •i • i g$ N'ti jo �'• tma•�'.• ••,• Sharon . Bergmann, Eagle City dierk ,••••••., E�O ••••• Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 KAPIammmg Dept\Eagle Apphcattom\Dr\2016\DR-64-16 Virtual IT Bldg drfdocx