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Findings - CC - 2022 - DR-39-22 - Design Review For A Personal Improvement Building For Alliance Jui Jitsu BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A PERSONAL ) IMPROVEMENT BUILDING FOR ALLIANCE ) JUI JITSU FOR ALEXANDRE PAIVA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-39-22 The above-entitled design review application came before the Eagle City Council for their action on July 26, 2022. The Eagle City Council 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: Alexandre Paiva, represented by John Day with Slichter/Ugrin Architecture, is requesting design review approval for a 3,111-square foot personal improvement building for Alliance Jui Jitsu. The 0.165-acre site is located on the southwest corner of South Wooddale Avenue and East Hill Road at 195 South Wooddale Avenue(Lot 11, Block 22, of Great Sky Estate Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 4,2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on May 10,2022,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 20, 2001, the City Council approved a rezone with a development agreement (including a concept plan)for IFI Partners II(RZ-14-00). On October 23, 2001, the City Council approved a development agreement modification for IFI Partners II(RZ-14-00 MOD). On October 23, 2001, the City Council approved a preliminary plat for Great Sky Subdivision No. 7 (PP-9-01). On January 25,2022,the City Council approved a modification to the development agreement for Great Sky Subdivision No. 7(RZ-14-00 MOD2). E. COMPANION APPLICATIONS:None. Pagel of 13 K:\Planning Dep6Eagle Applications\Dr\2022\Alliance Jul Jitsu DR-39-22Vui Jitsu Bldg in Great Sky ccf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with Vacant lot development agreement) Proposed No Change No Change Personal Improvement Building North of site Compact R-3 (Residential) East Hill Road/residential subdivision South of site Mixed Use MU-DA(Mixed Use with Office buildings development agreement) East of site Mixed Use MU-DA-P(Mixed Use with a South Wooddale Avenue/ development agreement- multi-tenant PUD) retail/restaurant/office building West of site Professional R-3 (Residential) Residence Office/Business Park G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA,or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk as part of Great Sky Subdivision No. 7 and a shared parking lot with the office buildings located to the south of this site. Page 2 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jul Jitsu DR-39-22\Jui Jitsu Bldg in Great Sky ccf.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.165-acres(7,187-SF) 0.11-acres(5,000-SF) Percentage of Site Devoted 34%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 40%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 13-parking spaces are allocated for this 13-parking spaces(minimum) site 41-total parking spaces existing for all four buildings in Great Sky Subdivision No. 7 Front Setback(South) 1.6-feet 0-feet(minimum)* Rear Setback(North) 20-feet 20-feet(minimum) Side Setback(East) 22-feet 20-feet(minimum) Side Setback(West) 12-feet 10-feet(minimum)* *Note:Setbacks as required within the development agreement(RZ-14-00 MOD2). K. PARKING ANALYSIS: Gross Floor Area of Proposed Personal Improvement Building: 3,111-square feet • Eagle City Code Section 8-4-5 requires parking spaces per 250-square feet of gross floor area. Proposed Parking Spaces: 13 Required Parking Spaces: 13 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Personal Improvement") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a personal improvement building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately thirty foot(30')high structure with a mezzanine. Gross Floor Area of Proposed Buildings: The proposed personal improvement building is approximately 3,711-square feet. On and Off-Site Circulation: The parking lot for the four commercial lots within Great Sky Subdivision No. 7 was completed when the first buildings were constructed within the development. No alterations are proposed to be made to the parking lot. The parking lot has two access driveways providing access to South Wooddale Avenue. Page 3 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jul Jitsu DR-39-22Uui Jitsu Bldg in Great Sky ccf docx M. BUILDING DESIGN FEATURES: Proposed Building Design: Craftsman Roof: Architectural shingles(black/grey) Walls: Board and Batten Vertical Siding(Colonial White), Thin Brick(Grey) Windows/Doors: Aluminum (anodized) Fascia/Trim: Cementitious boards(White) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located on the north, east, and west property lines that are to be retained and protected. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: No street trees are proposed along East Hill Road based on the overhead power lines being located where the street trees would be required. Additionally, street trees were planted along South Wooddale Avenue when the commercial lots within Great Sky Subdivision No. 7 was constructed. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: Existing and no change. O. TRASH ENCLOSURES: One (1) 80-square foot trash enclosure exists west of the parking area within the commercial area of Great Sky Subdivision No. 7. There is no change proposed to the trash enclosure with this project. P. MECHANICAL UNITS: The applicant is proposing to use a ground mounted mechanical unit. The unit is proposed to be located near the northwest corner of the building and screened from view by the existing landscaping. Q. 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. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the City prior to any signs being constructed on the site. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED: None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat- no Floodplain- no Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-39-22\Jui Jitsu Bldg in Great Sky ccf docx 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 W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Sewer District Idaho Transportation Department Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; 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; d. Will not interfere with the visual character, quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; 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; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; Page 5 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-39-22\Jui Jitsu Bldg in Great Sky ccfdocx 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 the adjacent buildings,and will not cover or detract from desirable architectural features. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.14 The commercial parcels noted on the plat as Lots 21-25,Block 11,shall be permitted to have zero (0)side setbacks along the common parcel lines between said lots.The side lot line(west property line) of Lot 22, Block 11, shall be 10-feet. Lots 23, 24 and 25, Block 11 shall be permitted to have zero rear setbacks along the common parcel lines between said lots. All other setbacks for these lots shall be measured from the subdivision boundary lines. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-7(C): Retention, Removal,And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. Page 6 of 13 IC'Planning Dept\Eagle Applications\Dr\2022\Alliance Jut Jitsu DR-39-22\Jui Jitsu Bldg in Great Sky ccf.docx 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(P): Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation;plants are not haphazardly placed in a way that fills up leftover space.Landscape plans should reflect a theme so that site elements are artfully and technically organized in a way that conveys meaning, coherence, and spatial organization. Landscaping should enhance the physical environment as well as the project's aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared by or under the responsible control of a licensed landscape architect with said plans to be duly stamped to clearly identify the preparer. D. DISCUSSION: • The applicant is requesting design review approval for a 3,111-square foot personal improvement building. The applicant's justification letter states that the building design could be called modern farmhouse with classic craftsman type detailing on the building to blend with the other commercial buildings within the development as well as with the residential homes in the general vicinity. The use of board and batten siding with columns at the entry,pitched, long sloping wide roof lines with exposed rafters and decorative beams and braces are characteristics of craftsman style architecture. Staff defers comment regarding the design,materials,and colors to the Design Review Board. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to 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, and 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. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • The site is a vacant parcel within Great Sky Subdivision No. 7 with extensive landscaping located on the north, east, and west property lines. The applicant is proposing to retain all the existing vegetation which consists of mostly mature trees. A landscape plan was not provided with this application; however, the site plan indicates a hatched area that references new landscaping to be planted around the base of the building. Staff is unsure what the new landscaping is to consist of on the site if it is a continuation of the grass that currently exists around the existing trees or if there is shrub material to be planted. In order to help provide a plant base at the base of the building,the applicant should be required to provide a landscape plan, prepared by a licensed landscape architect,showing plant material to be planted at the base of the building on all building elevations. The landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. Page 7 of 13 K.\Planning Dept\Eagle Applications\Dr\2022\Alliance Jul Jitsu DR-39-22Uui Jitsu Bldg in Great Sky ccf.docx PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 23, 2022, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is in favor of the building as designed with the requirement of the materials and colors being submitted for review as specified in site specific condition of approval no. 10. • The Board agrees with the requirement of a landscape plan as specified in site specific condition no.2. BOARD DECISION: The Board voted 4 to 0(Duperault, Mihan, and Greer absent)to recommend approval of DR-39-22 for a design review application for personal improvement building for Alliance Jui Jitsu for Alexandre Paiva, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated July 14,2022. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 26,2022,at which time the Council made their decision. COUNCIL DECISION: The Council voted 3 to 0(Baun absent)to approve DR-39-22 for a design review application for personal improvement building for Alliance Jul Jitsu for Alexandre Paiva,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-14-00 MOD2. 2. Provide a landscape plan, prepared by a licensed landscape architect, showing plant material to be planted at the base of the building on all building elevations. The landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised site plan and a landscape plan showing the location of the ground mounted mechanical unit proposed at the northwest corner of the building. The ground mounted mechanical unit shall be screened from view. The revised site plan and landscaping plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 9. No signs are proposed with this application and none are approved. Page 8 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jul Jitsu DR-39-22\Jui Jitsu Bldg in Great Sky ccf docx 10. Provide material and color samples and detailed elevation plans specifying the specific location of the proposed materials and colors to be used in the construction of the building. The material and color samples and detailed elevation plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 11. Provide detailed elevations showing how the brick is to terminate on the building. The brick shall terminate in a manner to wrap around the corners of the building to give a more authentic brick look to the building and not a thin brick application. The detailed elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 12. Provide revised elevation plans showing the size of the window trim called out around the windows. The revised elevation plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health,Eagle Sewer District& Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources 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. Page 9 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-39-22Uui Jitsu Bldg in Great Sky ccf docx All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association, or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to 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. Page 10 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-39-22Uui Jitsu Bldg in Great Sky ccf.docx 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 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. Page 11 of 13 IC\Planning Dept\Eagle Applications\Dr\2022\Alliance Jul Jitsu DR-39-22Uui Jitsu Bldg in Great Sky ccf.docx 24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and 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 changes 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 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-39-22) 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 Council 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 personal improvement building is permitted with the approval of a design review application within the MU-DA(Mixed Use with 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 proposed personal improvement building is designed to complement the general vicinity; 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 existing parking has been met for this use and the adjacent uses within this development; 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 personal improvement building has been designed with quality materials that are complementary to the buildings in the general 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 personal improvement building is in conformance with the Eagle Architecture and Site Design Book and has been designed to complement the buildings in the vicinity; Page 12 of 13 K:\Planning Dept Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-39-22\Jui Jitsu Bldg in Great Sky ccf docx 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 as specified within the development agreement and the height restrictions within Eagle City Code; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been constructed with sidewalks along East Hill Road and South Wooddale Avenue which provide access to the site and the entire 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 residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. DATED this 26th day of July 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho s Pierce, Mayor ATTEST: � s• • s••.• • �* 4C 4•• PT E . o. racy E. Os , rgie City Clerk : V o '; Q ,�%•.•..:: O,.•`�� ,,.''•••.•STP+, •,• Page 13 of 13 K:\Planning Dept\Eagle Applications\Dr\2022Wliance Jui Jitsu DR-39-22Uui Jitsu Bldg in Great Sky ccf docx