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Findings - DR - 2016 - DR-57-16 - Construct A Pool House And Pool In Renovare SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONSTRUCT A ) POOL HOUSE AND POOL WITHIN RENOVARE ) SUBDIVISION FOR MDG, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -57-16 The above -entitled design review application came before the Eagle Design Review Board for their action on October 13, 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: MDG, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture, PLLC, is requesting design review approval to construct a 1,482 -square foot pool house and pool within the common area of Renovare Subdivision. The 0.27 -acre site is located on the west side of South Don Vincent Lane approximately 100 -feet north of East Lone Shore Lane within Renovare Subdivision (Lot 4, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 8, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 12, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 25, 2013, the Eagle Design Review Board approved a design review application to construct the common area landscaping within Renovare Subdivision (DR -33-13). On October 20, 2014, the City approved a design review application to place a 672 -square foot temporary sales/construction office within Renovare Subdivision (DR -41-14). On January 8, 2015, the Eagle Design Review Board approved a design review application to construct an entry structure and signage for Renovare Subdivision (DR -61-14). E. COMPANION APPLICATIONS: None Page 1 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drf docx 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 is an undeveloped common lot. The north property line has fencing and the west property line of the site has fencing and is adjacent to a common lot with street trees and sidewalk as part of Renovare Subdivision. I. SITE DATA: SITE DATA COMP PLAN ZONING LAND USE 0.27 -acres (11,949 -SF) DESIGNATION DESIGNATION 12% (approximately) Existing Mixed Use MU -DA (Mixed Use with a Common area lot within Front Setback 29 -feet (East) development agreement) Renovare Subdivision Proposed No Change No Change Pool house and Pool North of site Mixed Use MU -DA (Mixed Use with a Tennis Club Plaza development agreement) Subdivision South of site Floodway MU (Mixed Use) Vacant land East of site Mixed Use MU -DA (Mixed Use with a Renovare Subdivision development agreement) West of site Mixed Use MU -DA (Mixed Use with a Lonesome Dove development agreement) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is an undeveloped common lot. The north property line has fencing and the west property line of the site has fencing and is adjacent to a common lot with street trees and sidewalk as part of Renovare Subdivision. I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.27 -acres (11,949 -SF) N/A Percentage of Site Devoted to Building Coverage 12% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 12% (approximately) 10% (minimum) Front Setback 29 -feet (East) 15 -feet (minimum) Rear Setback 5 -feet (West) 3 -feet (minimum) Side Setback 4 -feet (North) 5 -feet (minimum) Side Setback 62 -feet (South) 5 -feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) single story building to be utilized as a pool house. Height and Number of Stories of Proposed Buildings: The building is approximately twenty -one -feet four -inch (21' 4") high and single -story. Page 2 of 12 C:\Users\hcsenesits\Desktop\DR-57-16 Renovare Pool and Pool House drf.docx Gross Floor Area of Proposed Buildings: The proposed pool house is approximately 1,482 -square feet. On and Off -Site Circulation: A 3,264 -square foot (approximately) paved parking lot provides parking for vehicles using this site. There is a 29 -foot drive aisle for parking and the parking lot is accessed from South Don Vincent Lane. K. BUILDING DESIGN FEATURES: Roof. Metal (Dark Bronze) Walls: EFIS (Wedding Veil), Earthworks Ledgestone (Silverdale) Windows/Doors: Aluminum storefront and vinyl (Dark Bronze) Fascia/Trim: Metal (Dark Bronze) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed throughout the development. 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 and south sides of the parking lot. M. TRASH ENCLOSURES: The applicant is proposing to use a tote which will be stored behind the stucco fence proposed between the pool area and parking area. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units will be screened by the building wall and landscaping. No roof mounted mechanical units are proposed and none are approved. 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 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 Page 3 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drf.docx S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Central District Health Eagle Fire Department Idaho Transportation Department Republic Services 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 10, 2015), designates this site as the following: 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. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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; Page 4 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drf docz 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(A)(2) Site Landscaping: The site landscaping shall minimize impact on adjacent properties through the proper use of screening with sound and sight buffers, and unsightly areas shall be concealed or screened and the design review board shall consider: a. The location, , height, and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development; b. The location and type of new plantings, with due regard to preservation of specimen and landmark trees, and to maintenance of all plantings; c. The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and other unsightly developments; d.The installation of sound and sight buffers, the preservation of public views, light and air, and the consideration of those landscape aspects of design which may have substantial effects on neighborhood development, land uses, and amenities; e. The design and use of open spaces and parks; and f. The permanent maintenance of all landscaped areas and fencing. Eagle City Code Section 8-2A-6(B)(1)(H) Stucco Stucco: twenty five percent (25%) planer change required, additional accents shall be incorporated through the use of other material(s) • Eagle City Code Section 8 -2A -7(K)(3): Parking Lot Perimeter Landscaping: a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 The Setbacks shall be as follows: Lots 2-21, 23-30, 37-40, 42-43, 49-50, 53, 56-59, 60-65 Front 15 feet 20 feet to front loaded garage (5 foot reduction for side entry garage) Rear 3 feet Page 5 of 12 C:\Usm\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drf docx (All lots located adjacent to or in proximity to the floodway line (as identified on the adopted Flood Insurance Rate Map at the time of issuance of a building permit) shall have a 50 -foot setback from the floodway line. Interior Side 5 feet Street Side 10 feet Maximum Coverage 60% All single family residential structures shall require Architectural Control Committee (ACC) approval prior to the issuance of any building permits to assure that the homes are designed to be compatible and consistent with the "Contemporary" theme of the development. C. DISCUSSION: • The applicant is requesting design review approval to construct a pool house and pool on Lot 4, Block 1, of Renovare Subdivision. The pool house will have bathrooms, a mechanical room, a pool equipment room, and workout room. The application indicates an 8 -foot high composite wood fence proposed on the south elevation around the pool to match the existing 8 -foot high fence on the west and north elevations. • Per the applicant's justification letter, date stamped by the city on September 8, 2016, the applicant describes the architectural style of the building and pergola as contemporary which is consistent with the architectural styles approved within the development agreement. Staff defers comment regarding building design and colors to the Design Review Board. The elevation plan, date stamped by the city on September 8, 2016, shows a stucco wall without 25% planer change and no additional accents incorporated on the south elevation of the pool house. The pool house is shown to be five feet from the south property line which has an eight -foot high fence proposed to be constructed. The lot to the south of the common lot has a residential dwelling. Due to the height of the fence proposed on the south property line and its proximity to the proposed building (5'), staff recommends acceptance of 0% planer change for the south elevation. The site and elevation plans, date stamped by the city on September 8, 2016 show a six-foot high stucco wall, eight -foot high stucco columns with a six-foot high steel gate to be located on the east side of the pool approximately ten -feet from the pool house. The stucco wall is located adjacent to the parking lot. There are no landscaping or architectural elements proposed between the parking lot and the stucco wall or on the elevation of the wall. Staff recommends the addition of a planter area and green screens on the east side of the wall to soften the stucco wall. The applicant should be required to provide a revised landscape plan and elevation plans showing a landscape area at the base of the east side of the stucco wall and green screens to be located on the east area. The revised landscape plan and elevation plans should be reviewed and approved by staff and one member of the Board prior to the issuance of a zoning certificate. The landscape plan, date stamped by the City of Eagle on September 8, 2016, shows a 29 -foot wide drive aisle located up to the east property line and does not show a five-foot (5') wide perimeter landscape strip adjacent as required by Eagle City Code. The lot adjacent to the east property line is a buildable residential lot and the inclusion of a five-foot (5') wide perimeter landscape strip on the east property line would prevent access to the vacant buildable lot, staff recommends exclusion of the landscape strip. Page 6 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drfdocx • The site plan, date stamped by the City of Eagle on September 8, 2016, shows seven (7) parking spaces and five (5) bicycle racks are proposed. The pool house and pool will service the 55 residential lots within the Renovare subdivision. The subdivision includes pedestrian walkways and bike paths providing a pedestrian friendly area to get to the pool house and pool site. 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 October 13, 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 4 to 0 (Grubb and Baer absent) to approve DR -57-16 for a design review application to construct a pool house and pool with Renovare Subdivision for MDG, LLC, 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 all applicable conditions of DR -33-13. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. Once the construction drawings are complete, the applicant shall be required to submit a revised landscape plan showing the location and plant materials used to screen the ground mounted transformers, cable, and phone boxes to be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Submit payment to the city for all engineering fees incurred for reviewing this project upon receipt of an invoice by the city or at the time of building permit submittal, whichever occurs first. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the city for the Planning and Zoning Department plan review fee at the time of building permit submittal. 6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 7. No signs are proposed with this application and none are approved. 8. Provide a revised landscape plan and elevation plans showing a landscape area at the base of the east side of the stucco wall and trellis. Detailed elevations showing the size style color, and materials of the trellis to be used shall be submitted. An extended curb shall be located between the parking area and the planter located on the east side of the stucco wall. The revised landscape planelevation plans and trellis details shall be reviewed and approved by staff and one member of the Board prior to the issuance of a zoning certificate. 9. The color of the roof and store front window and door system shall be charcoal gray A revised elevation plan showing the color of the roof and store front window and door system shall be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 7 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drf.docx 10. The applicant may have the option to use tile on the pergola structure or stucco. If tile is to be used, the applicant shall provide revised elevation plans showing Daltile RM92 1206 tile to be used on the pergola. Provide revised elevation plans showing the wood elements shown on the pergola to be steel painted to match the dark bronze color shown on the elevations date stamped by the city on September 27, 2016. The revised elevation plans shall be reviewed and approved by staff 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 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 Page 8 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drfdocz 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 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 Page 9 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drf.docx 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 pdor to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. Page 10 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drF.docz 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 -57-16) 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. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a pool house and pool are permitted with the approval of a design review application within the MU -DA (Mixed Use with a development agreement) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the building is designed with a contemporary architectural style to complement the general residential vicinity and provide aesthetically pleasing architecture to enhance the character of the area; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site includes seven (7) parking spaces and five bicycle racks; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed building will have similar designs that are similar to the residential properties surrounding the site and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed building has been designed with a contemporary architectural style and similar features utilized on other surrounding buildings in the area; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and I. Will have signs, if proposed, that are harmonious with the architectural design of the building and adjacent buildings, and will not cover or detract from desirable architectural features. Page 11 of 12 C:\Users\hcsencsits\Desktop\DR-57-16 Renovare Pool and Pool House drfdocz DATED this 27' day of October 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, daho Robek Grubb, Chairman ATTEST: '�A� A 4"-, - N-P� div Y Sharon K. Bergmann, Eagle City Clerk Page 12 of 12 C: Usershcsenesits\Desktop\DR-57-16 Renovare Pool and Pool House drf.docx