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Findings - DR - 2018 - DR-01-18 - Eagle River HotelBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A HOTEL ) WITHIN EAGLE RIVER DEVELOPMENT FOR ) EAGLE RIVER HOTEL II, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -01-18 The above -entitled design review application came before the Eagle Design Review Board for their action on February 22, 2018. 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: Eagle River Hotel II, LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting design review approval to construct a four (4) story, 84,433 -square foot hotel building. The 2.88 -acre site is located on the northwest corner of East Riverside Drive and South Palmetto Drive on Lots 14- 16, Block 3, Mixed Use Subdivision No. 5. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 4, 2018. Supplemental information was provided on February 12, 2018, February 13, 2018, February 14, 2018, and February 15, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 4, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 8, 2017, the Lot Line Adjustment to adjust the original lot lines between Lots 14-18, Block 3, Mixed Use Subdivision No. 5, was approved by the Zoning Administrator (LLA -12-17). On February 13, 2018, the City Council approved a conditional use permit for a four (4) story hotel including a height exception to 59 -feet (CU -10-17). E. COMPANION APPLICATIONS: None Page 1 of 13 K:\I'lanning Dept\Eagle Applications\Dr\2018\DR-01-I8 Eagle River Homewood Suites drt:docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Mixed Use Proposed No Change North of site Downtown ZONING DESIGNATION MU -DA (Mixed Use with a development agreement) No Change LAND USE Vacant lots within Eagle River Development Hotel CBD (Central Business State Highway 44/Vacant District) parcel South of site Mixed Use MU -DA (Mixed Use with a development agreement) East Riverside Drive/Reid W. Merrill Sr. Community Park East of site Downtown MU -DA (Mixed Use with a Palmetto Drive/Office development agreement) building West of site Downtown MU -DA (Mixed Use with a Vacant lot development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site consists of three (3) vacant lots. There is an existing landscape berm with extensive landscaping and a ten foot (10') wide asphalt pathway along State Highway 44 and there are street trees along East Riverside Drive and Palmetto Drive. I. SITE DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted to Landscaping Number of Parking Spaces Front Setback Rear Setback Side Setback Side Setback PROPOSED 2.88 -acres 20% 41% 109 -spaces 35 -feet (south) 91 -feet (north) 185 -feet (west) 30 -feet (east) REQUIRED 5,000 -square feet 50% (maximum) 10% (minimum) 109 -spaces (minimum) 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 20 -feet (minimum) J. PARKING ANALYSIS: Hotel Parking — 96 -rooms = 96 -parking spaces Employee Parking — 1 -parking space for each two employees = 13 -parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 200 -square feet of gross floor area for offices, medical and dental: Page 2 of 13 K:\Planning Dept \Eagle Applications\Dr\2018\DR-01-181 agle Riser Homessuud Suites drl.docx Proposed Parking Spaces: 109 Required Parking Spaces: 109 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Hotel, motel") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two (2) buildings inclusive of a hotel and pool/fitness building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately fifty-eight foot and four inch (58' 4") four (4) story structure. Gross Floor Area of Proposed Buildings: The proposed hotel and pool house is approximately 84,433 -square feet. Hotel - First floor Second floor Third floor Forth floor 21,743 -square feet 19,057 -square feet 19,634 -square feet 19,634 -square feet Pool house - 4,365 -square feet On and Off -Site Circulation: A 39,500 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30 -foot wide driveway is located on the south property line approximately 470 -feet west of Palmetto Drive and one 30 -foot wide shared driveway is located on the west property line of this site and is to be shared with the property to the west of this site. Both driveways provide access to East Riverside Drive. L. BUILDING DESIGN FEATURES: Roof: Slate roof (charcoal), Standing seam metal roof (rust) Walls: Board and Batten vertical siding (beige), horizontal lap siding (tan), Stone (Yukon) Windows/Doors: Wood (brown) Fascia/Trim: Wood (brown) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees along State Highway 44, Palmetto Drive, and East Riverside Drive. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees exist along East Riverside Drive and Palmetto Drive. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. Page 3 of 13 K:\I'lanning Deptltiagl Applications\Dr\20IR\DR-01-18 Eagle Riser Homewood Suites drldocx N. TRASH ENCLOSURES: One (1) 144 -square foot trash enclosure is proposed to be located near the northwest corner of the site. The enclosure is proposed to be constructed of Smooth and Split face CMU walls with vertical fiber cement battens; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be placed within wells on the roof and completely screened by the roof. No ground mounted mechanical units are proposed and none are approved. 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 to be reviewed and approved prior to any signs being constructed on the building or site. 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 - yes — The site is located within the 1% floodplain area as identified on the Flood Insurance Rate Map (FIRM) Panel #s 16001C153H and 16001C0154H. Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown 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. Andeavor (fka Tesoro Logistics) Ballentyne Ditch Company Page 4 of 13 K: Planning D.pt••I ago Applicatn,nakr•.21 18•DR "1 18 I Rncr Homewood Suers drf docx Central District Health Department Eagle Fire Department Idaho Transportation Republic Services 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 Comprehensive Plan Land Use Map, 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. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests. Hotels typically have eating and drinking service and a dining room where meals are served. • 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 -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; Page 5 of 13 K: Planning Dem l agle Applications\1)r\2018U)R-01-I8 Eagle Riser Homewood Suites dri docx 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 • Eagle City Code Section 8-2A-7(J)(2)(c) To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. C. CONDITIONAL USE PERMIT PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 4. The proposed building design incorporates the "Northwest Contemporary" architectural style (Exhibit "A"). The proposed architecture is subject to change at the discretion of the Design Review Board and City Council. Owner shall submit a design review application for the proposed building and site (as required by Eagle City Code) and shall comply with all conditions required by the Design Review Board and City Council prior to the issuance of a zoning certificate. 6. The maximum height of the building shall not exceed 59 -feet. D. DISCUSSION: • The applicant is requesting design review approval of a ninety-six (96) room, four (4) story hotel with pool and pool house to be located within Eagle River Development between State Highway 44 and East Riverside Drive, west of Palmetto Drive. On February 13, 2018, the City Council approved a conditional use permit application to allow a four (4) story hotel including a height exception to 59 -feet. The height of the proposed building is fifty-eight feet and four inches (58' 4") which is below what was approved by the City Council. As stated in the applicant's narrative, date stamped by the City on January 4, 2018, the architectural style of the hotel is Northwest Contemporary with elements of the craftsman style outlined in the EASD Book. The craftsman elements include exposed trusses, sloped roof lines, and the use of wood and stone for exterior materials. The applicant is proposing to utilize high quality materials that are indigenous to the area and the proposed architecture and materials will add character and charm that already exists in the community. Through the use of materials and building undulation, the proportion of the building is appropriately scaled in relationship with the surrounding area. Staff defers comment regarding the architectural style, materials, and colors to the Design Review Board. • The trash enclosure is proposed to be located at the northwest corner of the site. Landscaping is proposed on the east and north elevations of the enclosure but not on the west elevation. Pursuant to Eagle City Code Section 8-2A-7(J)(2)(c), trash enclosures, when adjacent to or in view from a public street right of way, are required to be screened from view by a five foot (5') wide by six foot (6') high landscaped buffer. The applicant should be required to provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer on the west elevation of the trash enclosure. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site plan, date stamped by the City on February 15, 2018, shows the west property line of this site dividing the drive aisle located west of the parking spaces on the shared property line of this property and the property to the west. The applicant should be required to provide a revised site plan showing the drive aisle located west of the western most parking spaces on the hotel site to be constructed a full twenty-four feet (24') in width on the shared property line. The applicant should be required to provide a letter from the property owner to the west approving a portion of Page 6 of 13 K:U'lannmg Dept\La:2lr Applicatinns\Dr\2018\DR•111 18 Laglc Rner Homewood Suites dr! d,cx the twenty-four foot (24') wide drive aisle to be constructed on their property. The revised site plan and letter should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Pursuant to past action, in order to provide visual relief to the tall walls of buildings that have received approval of a height exception, the Design Review Board has required taller and/or more columnar trees adjacent to the buildings. The applicant should be required to provide a revised landscape plan showing taller and/or more columnar trees to be planted adjacent to the northern most four (4) story building elevation and the eastern most four (4) story building elevation. The revised landscape plan should be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 22, 2018, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 1:28:16) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board affirms the architecture, materials, and colors proposed for the hotel building. • The proposed architectural style will complement the existing buildings within Eagle River Development. BOARD RECOMMENDATION: The Board voted 5 to 0 (Schafer abstained, Grubb absent) to recommend approval of DR -01-18 for a design review application for a hotel within Eagle River Development for Eagle River Hotel II, 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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU -10-17. 2. The applicant shall comply with all applicable conditions as contained in the Development Agreement for Eagle River Development attached to the Memorandum of Development Agreement recorded February 16, 2000, as Instrument No. 100011692. 3. Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer on the west elevation of the trash enclosure. The landscape material Proposed on all three (3) sides of the enclosure shall reach a height of six feet (6') at maturity. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide a revised site plan showing the drive aisle located west of the western most parking spaces on the hotel site to be constructed a full twenty-four feet (24') in width on the shared property line. The applicant shall be required to provide a letter from the property owner to the west approving a portion Page 7 of 13 K:U'lannmg Dcpt\liagle ApplicaImns\DA2018\DR-01-I8 Eagle Rner Homewood Suites drf.docx of the twenty-four foot (24') wide drive aisle to be constructed on their property. The revised site plan and letter shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing ten foot to twelve foot (10' — 12') tall conifer trees and three inch (3") caliper deciduous talie.. and/or more columnar trees to be planted adjacent to the northern most four (4) story building elevation and the eastern most four (4) story building elevation. The revised landscape plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. 6. Provide detailed cut sheets of all building lighting showing the style, color, wattage, luminaire, etc. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. All roof top mechanical units, hoods, access ladders, etc. shall be located within the mechanical roof wells shall not be permitted to extend above the roof. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. 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. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 12. No ground mounted mechanical units are proposed with this application and none are approved. 13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 14. Paint all roof vents to match the color of the roof. 15. No signs are proposed with this application and none are approved. 16. Provide a revised landscape plan showing a sidewalk connection from the east stair tower of the building to the sidewalk along Palmetto Drive. The revised landscape plan shall be reviewed and approved bv_ staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 17. Provide revised building elevations showing the location of all gutters and down snouts. The gutters shall be painted or stained to match the fascia and the down spouts shall be painted to match the adiacent surface materials. The revised building elevations shall be reviewed and approved bv staff prior to the issuance of a zoning certificate. 18. If ground mounted mechanical units are required for the pool house. provide a revised landscape plan showing anv ground mounted mechanical units are screened from view by landscaping. The revised landscape plan shall be reviewed and approved bv_ staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 19. Provide revised building elevations showing the location of all building lighting. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. Page 8 of 13 K:\Planning Hera \Eagle Applicatmns\Dr\2018\DR-01-18 Eagle Riper Homewood Suites drl docx 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. 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 Page 9 of 13 K:\Plannmg D.ptlLag lr Appli. ationADA2fl 18\DR-01-18 E gle Ri%er Homewood Suits drf. dae.x 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 river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 10 of 13 K:Nlannmg Dcpl\Eagle Applicalions\DM l8\DR'PI 18 Cagle River Homcaood Suites drl d,.r.r 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 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 -01-18) 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 Page 11 of 13 K:U'Ianning Dept\Eagle Applications\Dr\2018\DR 01 181<agle Rncr Homcaood Suites drf d cx 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 the construction of a hotel is permitted with a conditional use permit and 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 hotel is designed to complement the general 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 meets the required parking for a hotel and the drive aisles have been design in conformance with Eagle City Code 8-4-5; 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 hotel building has been designed with quality materials and similar features utilized on other buildings within the development, complies with the architectural style identified in the development agreement, 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 hotel building has been designed with quality materials and similar features utilized on other buildings within the development and are in conformance with the architectural style approved within the development agreement; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed hotel building is in conformance with the required setbacks and height restriction as allowed within the conditional use permit; 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 residential 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 subdivision, and will not cover or detract from desirable architectural features. DATED this 8th day of March 2018. DESIGN REVIEW BOARD OF THE TOF EAGLE Ada Co y, aho Rob rt Grubb, Chairman Page 12 of 13 K:U'lanning Dept \ agle Applications\Dr\2018\DR-01-18 Eagle River Homewood Suites dd.docx ATTEST: rtlePV Ain Sharon�K. Bergmann,`Eagle City ClerkU osseemmeets lOF Eq C'a,y0 A � ' ••tiR• 1.1. .o s* av•OP *! • i SEAL s Page 13 of 13 K:\Planning Dept \Eagle Applications\ DA2018 \ DR .0 I-18 Cagle Ricer Homewood Suites drldocx