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Findings - DR - 2016 - DR-14-16 - Construct A 6300 Sq' Custom Cabinet ShopBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A CUSTOM CABINET SHOP FOR CAMERON LUFF FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -14 -16 The above - entitled design review application came before the Eagle Design Review Board for their action on March 24, 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: Cameron Luff is requesting design review approval to construct a 6,300- square foot custom cabinet shop. The 0.31 -acre site is located on the north side of East State Street approximately 525 -feet east of the intersection of East State Street and Conover Street at 2128 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 18, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 25, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 27, 2015, the City Council approved a conditional use permit (CU- 06 -15) for the construction of a cabinet shop and a waiver to reduce the required on -site parking and the requirement for the construction of curb, gutter, and sidewalk along the portions of the site fronting East State Street and Dunyon Street. E. COMPANION APPLICATIONS: CU -06 -15 Page 1 of 13 KAPlanning Dept\Eagle App1ications\Dr12016\DR -1416 Custom Cabinet Shop drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: The property is located within the Dunyon/State Development Area (DSDA) overlay district. H. EXISTING SITE CHARACTERISTICS: The site contains one (1) existing residential home with a shared single driveway providing access from East State Street. I. SITE DATE: SITE DATA COMP PLAN ZONING LAND USE 0.31 -acres (13,575- square feet) DESIGNATION DESIGNATION 46% EAsting Mixed Use MU (Mixed Use) Single - Family Residence Proposed No Change No Change Proposed Cabinet Shop North of site Residential Four R -4 (Residential) East Dunyon Street/Single- Family 15 -feet (minimum)* Side Setback (East) 28 -feet Residential (Randall Acres Sub. Side Setback (West) 5 -feet 5 -feet (minimum)* No. 15) South of site Mixed Use BP (Business Park District) East McGrath Road/Mobile Home East of site Mixed Use MU (Mixed Use) Single- Family Residential (Randall Acres Sub. No. 15) West of site Mixed Use MU (Mixed Use) Single - Family Residential (Randall Acres Sub. No. 15) G. DESIGN REVIEW OVERLAY DISTRICT: The property is located within the Dunyon/State Development Area (DSDA) overlay district. H. EXISTING SITE CHARACTERISTICS: The site contains one (1) existing residential home with a shared single driveway providing access from East State Street. I. SITE DATE: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.31 -acres (13,575- square feet) 0.11 -acres (5000- square feet) (minimum) Percentage of Site Devoted to Building Coverage 46% 50% (maximum) Percentage of Site Devoted to Landscaping 19% 10% (minimum) Number of Parking Spaces 8- parking spaces 9- parking spaces* Front Setback (South) 15 -feet 15 -feet (minimum)* Rear Setback (North) 15 -feet 15 -feet (minimum)* Side Setback (East) 28 -feet 5 -feet (minimum)* Side Setback (West) 5 -feet 5 -feet (minimum)* *Note: Required lot coverage and setbacks when located within the DSDA. With the approval of the waiver within the conditional use permit the total required parking spaces were reduced to eight (8). Page 2 of 13 KAPlanning DepllEagle App1ications\DrX2016\DR -1416 Custom Cabinet Shop drf.docx J. PARKING ANALYSIS: Gross Floor Area of Proposed Cabinet Shop: Showroom = 1,079- square feet Storage (uninhabitable area) = 1,596- square feet Industrial area = 3,444- square feet Total = 6,119- square feet Industrial Area — 1 /1,000 - square feet 3,444 /1,000 - square feet = 3.4- parking spaces Showroom Area — 1 /300 - square feet 1,079 /300 - square feet = 3.5- parking spaces • Eagle City Code Section 8 -4 -5 requires 1 parking space per 1,000- square feet of gross floor area for industrial purposes; plus 1 parking space per 300 - square feet office or sales area uses: Storage Area — 1 /1,000 - square feet 1,596 /1,000 - square feet = 1.6- parking spaces • Eagle City Code Section 8 -4 -5 requires 1 parking space per 1,000- square feet of gross storage area for "Storage (enclosed building and/or fenced area)" uses: Proposed Parking Spaces: 8 Required Parking Spaces: 9 (calculated based upon the above uses identified in Eagle City Code Section 8 -4 -5: Industry [custom] and "Storage ") (reduced to eight (8) with the approval of the waiver within the conditional use permit). K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a cabinet shop. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty -one foot (2F) high single -story structure. Gross Floor Area of Proposed Buildings: The proposed cabinet shop is approximately 6,300 - square feet. On and Off -Site Circulation: A 4,700- square foot (approximately) paved parking lot provides parking for vehicles using this site. One 15 -foot wide one -way driveway providing access from East State Street and exiting through a 25- foot wide driveway on East Dunyon Street. L. BUILDING DESIGN FEATURES: Roof: Asphalt architectural shingles (black) Walls: Cedar board and batten (grey stain), Corrugate galvanized metal (galvanized metal) Windows/Doors: Fiberglass or metal windows (black) Fascia/Trim: Cedar and rough sawn (grey stain) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: NIA Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: The applicant is proposing street trees along East State Street. Page 3 of 13 KAPlanning Dept\Eagle Applications\Dr12016\DR -1416 Custom Cabinet Shop drf.doca Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A N. TRASH ENCLOSURES: A trailer is to be located between the building and fence on the north side of the building. The trailer will be screened from view by a chainlink fence with vision slats. O. MECHANICAL UNITS: The application indicates a ground mounted mechanical unit and dust collector are proposed to be located on the north side of the building. The mechanical unit and dust collector are proposed to be screened from view by a chainlink fence with vision slats. P. 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. Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. R. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. 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 V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report and is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Page 4 of 13 KAPlanning Dept\Eagle App1ications\Dr\2016\DR -14 -16 Custom Cabinet Shop drf.docx Central District Health Department Department of Environmental Quality Eagle Fire Department Idaho Transportation Tesoro Logistics NW Pipeline X. 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 site is designated as Mixed Use on the Comprehensive Plan Land Use Map. Chapter 6 — Land Use 6.3.10 Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. B. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • A design review application shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • A parking waiver to allow the reduction of one (1) space is approved. • A waiver of the requirement to construct curb, gutter, and detached sidewalk along the portions of the site fronting East State Street and Dunyon Street is approved. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8- 2A- 5(C)(4) Dunyon/State Development Area -DSDA: The purpose of the DSDA is to allow unique regulations specific to this district to facilitate the redevelopment of the area. • 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) General Objectives And Considerations: The following apply to the entire design review overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the Page 5 of 13 KAPlanning Dept\Eagle ApplicationADA201MR -14 -16 Custom Cabinet Shop dddocx extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle architecture and site design book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the design review board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. • 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. • 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; 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. • Eagle City Code Section 8- 2A -6(B) 1. Exterior walls and soffits: a. Wood: cedar (clear) and redwood (clear) - architecturaUpremium grade. Log siding, wood shingle are permitted for accent only, twenty five percent (25 %) maximum wall coverage (per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. b. Fiber cement; c. Masonite: horizontal lap only, maximum six inch (6 ") reveal; d. Vinyl: 0.46 millimeter minimum thickness, integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only, ten percent (10 %) maximum wall coverage (per each facade); h. Stucco: twenty five percent (25 %) planer change required, additional accents shall be Page 6 of 13 KAPlanning Dept\Eagle ApplicationADA2016\DR -1416 Custom Cabinet Shop drf.docx incorporated through the use of other material(s); i. EIFS: permitted for accent only, ten percent (10 %) maximum wall coverage (per each facade). Additional accents required through the use of other materials; j. Additional encouraged material: exposed beams, fabric awnings, cornices /dentils, shutters, dormers, cupolas, columns; k. Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented towards the road. A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B lk, metal siding shall be prohibited in the DDA, TDA, CEDA design review overlay district areas. • Eagle City Code Section 8- 2A -6(F) Dunyon/State Development Area: 1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage new development by providing unique regulations specific to this district. 2. Setbacks And Site Design: a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen feet (15') minimum. b. Side Setbacks: Side building setbacks shall be five feet (5') minimum. c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers /shrubs /all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section. (1) Interior and perimeter parking lot landscape area dimensions may be reduced. (2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. (3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be considered. Perimeter fencing facing the public street is prohibited. Barbwire and/or razor /ribbon wire located on top of the chainlink fence is prohibited. D. DISCUSSION: • On October 27, 2015, the City Council approved a conditional use permit allowing a cabinet shop to be located within the mixed use zone. The approval of the conditional use also approved a Page 7 of 13 KAPlanning Dept\Eagle Applications\Dr12016\DR -1416 Custom Cabinet Shop drf.docx reduction in the required parking spaces by one (1) parking space and the requirement of curb, gutter, and sidewalks along East State Street and Dunyon Street. The applicant is requesting design review approval to construct a 6,300 - square foot cabinet shop. Within the applicant's justification letter, they describe the building's style of architecture to be Craftsman Style. Wood board and batten siding is proposed on the front (south) building elevation which wraps around on the east and west building elevations for approximately 26- linear feet. The wood board and batten siding is proposed on the east building elevation to break up the metal siding that is proposed on the east building elevation. The wood board and batten siding will be stained using a dark full- bodied stain. Corrugated galvanized metal is proposed to be used on the majority of the building fagade with the exception of the south building elevation. All the doors and garage doors will be painted black or dark charcoal. Pursuant to the applicant's justification letter, the proposed materials and colors are being utilized to give a modern, industrial look to the building. The exposed fasteners and screws lend itself to the type of modern design the applicant is trying to achieve. The applicant is requesting approval of a waiver to use metal siding based on code which permits metal siding where the applicant can show that metal is architecturally compatible with surrounding buildings, is architecturally compatible with other nonmetal buildings in the city, and is attractively landscaped, designed, and situated to eliminate the start utilitarian look intended to be prevented by this subsection. Staff defers comment regarding the use of corrugated galvanized metal to the Design Review Board. The property is located within the Dunyon/State Development Area (DSDA) overlay district. The DSDA overlay district, in order to encourage new development, suspends or relaxes some of the code requirements with regard to interior and perimeter parking lot landscape area dimensions, minimum required landscaping between the building and property line, and allows the use of chainlink fence with vision slates. The applicant is proposing to install a 6 -foot high galvanized chainklink fence with vision slates on the east, west, and north property lines. Pursuant to Eagle City Code, perimeter fencing facing the public street is prohibited. The area along the north side of the building will create an area for the ground mounted mechanical unit, dust collector, and the trailer that will be used to collect trash and debris from the shop. Staff defers comment regarding the perimeter fence proposed along the north property line to the Design Review Board. • Sheet Al, date stamped by the City on February 18, 2016, provides a list of plants to be planted on this site. However, the list does not provide sizes of the proposed plant material. The applicant should be required to provide a revised landscape plan showing the size of the plants to be planted on this site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Sheet Al, date stamped by the City on February 18, 2016, three (3) street trees to be planted along the frontage of East State Street. Staff is unsure what the material (i.e.: grass, dirt, rock, etc.) is to be placed along the entire frontage of East State Street and around the base of these trees. The applicant should be required to provide a revised landscape plan indicating the material (i.e.: grass, dirt, rock, etc.) to be placed along the entire frontage of East State Street and around the base of the three (3) street trees. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Sheet A3, date stamped by the City on February 18, 2016, shows a large exhaust vent stack to be located on the east side of the roof near the south end of the building. The exhaust vent is for the spray finish booth located in that area of the building. The applicant should be required to provide revised elevation plans showing an architectural feature such as a chimney to screen the exhaust vent from view. The revised elevation plans should be reviewed and approved by staff Page 8 of 13 KAPlanning DeptXEagle Applications\Dr\2016UDR -1416 Custom Cabinet Shop drf.docx and two members of 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. 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 March 24, 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). BOARD DECISION: The Board voted 3 to 0 (Grubb, Hash, Baer, and Germano absent) to approve DR -14 -16 for a design review application to construct a custom cabinet shop for Cameron Luff, 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 CU- 06 -15. 2. Provide a revised landscape plan showing the size of the plants to be planted on this site. 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. 3. Provide a revised landscape plan indicating the material (i.e.: grass, dirt, rock, etc.) to be placed along the entire frontage of East State Street and around the base of the three (3) street trees. 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. 4. Provide revised elevation plans showing an af-ehiteetur-al feature sueh as a ehimey to ser-een th-e exhaust vent from view. The revised elevation plans sha4l be reviewed and approved by staff and twe 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 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 and none are approved. 11. Provide revised elevations showing 8 -inch by 8 -inch rough sawn timbers to be used for the columns at the entry on the south building elevation. The revised elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 9 of 13 KAPlanning Dept\Eagle ApplicationADA201RDR -1416 Custom Cabinet Shop dd.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 and 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 Application M201MR -14 -16 Custom Cabinet Shop 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 issuance of any 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 be 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 Page 11 of 13 KAPlanning Dept\Eagle ApplicationsTA2016\1DR -14 -16 Custom Cabinet Shop drf.docx 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. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR- 14 -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 Page 12 of 13 KAPlanning Dept\Eagle ApplicationADA2016TR -1416 Custom Cabinet Shop drf.docx the Eagle Comprehensive Plan. The Board determined that the use of metal siding on this building, combined with stained board and batten siding which wraps around the south building elevation and along a portion of the east building elevation, is architecturally compatible with other buildings in the area. The Dunyon/State Development Area (DSDA) overlay district is generally underdeveloped at this time, with the exception of three (3) commercial buildings and one (1) church. The fagade of the existing commercial buildings are comprised of smooth and split face CMU and board and batten siding. Eagle City Code was written to prohibit metal siding on any portion of the building facing a street to eliminate the stark utilitarian look resulting from the use of expansive amounts of metal siding on large mono -plane walls. The Board agreed the combination of the proposed materials and colors eliminates the above mentioned stark utilitarian look of the metal siding and the building, as designed, will enhance the city in a positive way by creating an architecturally pleasing building that compliments that which has already been constructed in the DSDA overlay district without overbuilding for the area. 2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the MU (mixed use) zoning district. DATED this 141 day of April 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robe rubb, Chairman ATTEST: Sharon K. rgmann, Eagle City Cl ••••,•HaWb,''' .•• OF EA C'''•. SEAL . qTj; nt Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 KAPlanning Dept\Eagle ApplicationADA201MDR -1416 Custom Cabinet Shop drf.docx