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Findings - DR - 2019 - DR-02-97 MOD - NA - Convert An Existing Auto Auction Facility To An Equipment Rental And Sales Yard / Modif To The Exterior Building Elevations & LandscapingBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONVERT AN EXISTING AUTO AUCTION FACILITY TO AN EQUIPMENT RENTAL AND SALES YARD, INCLUDING MODIFICATIONS TO THE EXTERIOR BUILDING ELEVATIONS AND LANDSCAPING FOR ERIC TATE FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -02-97 MOD The above -entitled design review application came before the Eagle Design Review Board for their consideration on January 10, 2019. The Board continued the application to January 24, 2019, at which time their decision was made. 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: Eric Tate, represented by Doug Newell with ALC Architecture, is requesting design review approval to convert an existing 6,250-squre foot auto auction facility to an equipment rental and sales yard use. The 1.39 -acre site is located on the south side of East State Street approximately 2,850 -feet east of the intersection of South Academy Avenue and East State Street at 1445 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 5, 2018. Revised materials were received by the City on December 18, 2018 (building elevations) and January 3, 2019 (site plan and landscape plan). C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 11, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 1997, the Design Review Board recommended approval of a new building for Musick's Auction (DR -02-97). On March 3, 1997, the Planning and Zoning Commission approved a new building for Musick's Auction (DR -02-97). On October 23, 1997, the Design Review Board approved a monument and wall sign for Musick's Auction Facility (DR -25-97). On October 23, 2018, the City Council approved a conditional use permit application for an equipment rental and sales yard use located within a M-1 (Light Industrial District) (CU -04-18). E. COMPANION APPLICATIONS: DR -62-18 (Tates Rents signage) Page 1 of 21 K:IPlanning I) pt\Eagle Applications11M199711)R-02-97 MOD Site & Bldg Mod (Tates Rents) drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Downtown Proposed No Change North of site Downtown South of site East of site West of site Downtown Downtown Downtown ZONING DESIGNATION M-1 (Light Industrial District) No Change C-2 (General Business District) MU (Mixed Use) M-1 (Light Industrial District) M-1 (Light Industrial District) LAND USE Auto auction facility Equipment rental and sales yard Carwash and single-family residences Commercial buildings Precision Panel Container plant G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site contains one (1) existing 6,250 -square foot commercial building. The open storage area consists of approximately 50,665 -square feet and is located from the center of the building to the rear property line. There is an existing 6 -foot high chain link fencing bordering the perimeter of the site. 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 2.16 -acres (94,089 -square feet) 6.6% (approximately) 15% (approximately) 30 -parking spaces 97 -feet (North) 125 -feet (South) (Storage building) 58 -feet (South) (Covered storage) REQUIRED N/A 92% (maximum) 10% (minimum) 16 -parking spaces (minimum) 0 -feet (minimum) 0 -feet (minimum) 56 -feet (East) 0 -feet (minimum) 56 -feet (West) 0 -feet (minimum) J. PARKING ANALYSIS: Gross Floor Area of Proposed Equipment Rental and Sales Yard: 6,250 -square feet Equipment Rental and Sales Yard — 1/400 square feet 6,250/400 = 16 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 400 -square feet of gross floor area: Page 2 of 21 K:M anning 1)eptlEagle Applications1Dr119971DR-02-97 MOI) Site & Bldg Mod (Talcs Rents) drl:docx Proposed Parking Spaces: 30 Required Parking Spaces: 16 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Equipment Rental and Sales Yard") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: The applicant is proposing to utilize an existing building as an equipment rental and sales yard. Height and Number of Stories of Existing Buildings: 21' 4", single -story structure Gross Floor Area of Existing Buildings: The proposed Equipment Rental and Sales Yard is approximately 6,250 -square feet. On and Off -Site Circulation: A 23,716 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 24 -foot wide shared driveway is located on the east property line and shared with the property to the east of this site. One 35 -foot wide driveway is located on the north property line. Both driveways provide access to East State Street. L. BUILDING DESIGN FEATURES: Roof: Corrugated metal (white) Walls: Metal - mini v -beam vertical (seal gray), Metal — T-12 horizontal (pebble gray), Smooth CMU Block (white) Windows/Doors: Aluminum (Tates blue, white) Fascia/Trim: Wood (light brown), aluminum (white) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are eleven existing trees on the site. The applicant is proposing to remove two — 6" caliper trees. All other trees are proposed to be protected and retained. Below is a list of the trees proposed to be removed as identified on the landscape plan, date stamped by the City on January 3, 2019. Tree Specie (Location) Caliper Condition Replacement Inches per ECC Unknown 6" Unknown/Mitigation 12" required per Eagle City Code Unknown 6" Unknown/Mitigation 12" required per Eagle City Code Total caliper inches of trees required to be replaced on site 24" Total caliper inches proposed for mitigation 13" Tree Replacement Calculations: There are two — 6" caliper trees proposed to be removed. The applicant is required to mitigate for 24 caliper inches. The applicant is proposing to increase the size of all required trees to 3.5 caliper inches and add two additional 3.5 caliper inch trees above code requirements for a total of 13 caliper inches. See discussion section under staff analysis herein (page 13) for additional information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing along East State Street. Page 3of21 K:U'lanning Ikptll:agk Applicatiun.1Ur119971DR-02-97 MOD Site & lildg Mod (Tate. Rents) dri.docx 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: 5% interior landscaping is required, 6.5% is proposed. N. TRASH ENCLOSURES: One (1) 156 -square foot trash enclosure is proposed to be located south of the building. The enclosure is proposed to be constructed of CMU walls and metal gates; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: There is an existing mechanical unit located adjacent to the east building elevation near the east facing man door. The applicant is proposing to screen the mechanical unit with a four -foot decorative fence and landscaping. No roof mounted mechanical units are proposed and none are approved. P. OUTDOOR LIGHTING: Q. 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. SIGNAGE: No signs are proposed with this application. A separate design review application (DR -62-18) has been submitted for the approval of signs proposed on this building and on the site. R. 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. The site is located within the Eagle Water Company Service Area and within the boundaries of the Eagle Sewer District. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - Yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Page 4 of 21 K:11'lanning l)eptlFagle ApplieationADA199711*-02.97 M01) Site & Bldg Mod (Tates Rents) drl.doex 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. Ada County Highway District Eagle Fire Department Idaho Transportation Department 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 (adopted November 14, 2017), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. B. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 1 An equipment rental and sales yard is the only use approved with this conditional use permit (ECC 8-2-3) 2. All outdoor storage of equipment shall be completely screened from view located within the enclosure storage area. 3. The property shall be maintained in a neat and orderly appearance. 4. The applicant shall submit a design review application showing: 1) a minimum of 10% of the site to be covered in landscaping, 2) proposed screening of the area to be utilized for the equipment storage area, 3) required parking, 4) a change of use converting the existing building from auto auction to an equipment rental and sales yard, and 5) proposed signage (ECC 8-2A-6, 8-2A-7, 8- 2A-8). All living trees on the site shall be preserved, unless otherwise determined by the Design Review Board. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate for this site (ECC 8- 2A-17). 5. Provide a revised Existing Site Plan showing a permitted style of fencing replacing the existing fence. The revised Existing Site Plan shall be provided prior to submitting a design review application. (8-2A-6[B][3][e]) 6. The applicant shall be required to improve the approximately 10,700 square foot area located adjacent to the southern property line with either landscaping, paving, or a combination of both, prior to the issuance of a certificate of occupancy associated with the building improvements. Page 5 of 21 K:11'lanning 1)eptlGagk ApplicationslIr1I99711)R-02-97 MOD Site & Bldg Mod (Tates Rents) dri:docx 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-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS: B. Architectural Requirements, Building Materials, Fence And Decic/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator, the design review board, and the city council, whichever the case may be, to determine the appropriateness of such material. 1. Exterior walls and soffits: a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding, wood shingle are permitted for accent only, twenty five percent (25%) maximum wall coverage (per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. b. Fiber cement; c. Masonite: horizontal lap only, maximum six inch (6") reveal; d. Vinyl: 0.46 millimeter minimum thickness, integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only, ten percent (10%) maximum wall coverage (per each facade); h. Stucco: Twenty five percent (25%) planer change required, additional accents shall be incorporated through the use of other material(s); i. EIFS: Permitted for accent only, ten percent (10%) maximum wall coverage (per each facade). Additional accents required through the use of other materials; j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns; k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Page 6of21 K:1I'lanning Ikpt\Eagk Application%1llr119971Dk-02-97 MOIL Site & Bldg Mod (Tates kerns) drldocx Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road. A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B 1 k, metal siding shall be prohibited in the DDA, TDA, CEDA design review overlay district areas. 2. Roofs: a. Wood shakes/shingles: premium on number 1 grade; b. Architectural grade textured composition shingles; c. Tile: cemetitious, clay; d. Slate; e. Metal; standing seam, batten seam (concealed fasteners required); Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road. f. Flat roof specification: single ply, built up (both nonreflective). 3. Fences: a. Block (with columns), which may include brick, rock, stone or similar veneer; b. Brick (with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. 5. Colors: a. Earthen tones are encouraged. b. Flat or low gloss finishes are encouraged. c. Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building. • Eagle City Code Section 8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS: B. Landscape As Percent Of Site: 2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other developments. Hardscape plaza areas, such as decorative concrete/paver patios that are Page 7 of 21 K:1Planning Ikpalagle ApplicationADA199711)R-02-97 MOI) Site & Bldg Mod (Tates Rents) drLdocx integrated into the design of the landscaped area, may be included in the ten percent (10%) landscape coverage requirement. C. Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more 1 x caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. J. Buffer Areas/Common Lots: 2. Minimum Requirements: 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. 3. Materials: a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of sixty percent (60%) of the total plant material used. b. Height requirements shall be accomplished with plant material, with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Page 8 of 21 K:\I'Ltnntng Ihpt\I agk Application+U)r\I997U)R-02-97 M(I) tine & BIJg Mod (Tates Rents) drt.Jtxx d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening. K. Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking Lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. (Ord. 434, 1-14-2003) 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. 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. Page 9 of 21 K:U'lanning DeptlEagk Applications\DA19971DR-02-97 MOD Site & Bldg Mod (Tates Rents) drt:docx 4. Parking Lot Interior Landscaping: b. Additional Requirements: (1) No interior planter shall be less than five feet (5') in any dimension. (2) No parking space shall be more than sixty feet (60') from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. L. Landscaped Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. (Ord. 462, 11-11-2003) M. Parkway Strips, Separated Sidewalks, And Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. 3. Within residential developments one shade class (class II) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. O. Alternative Methods Of Compliance: 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified Page 10 of 21 K:U'lanning Ikp1\ agle Applications\I)r\19971)R-113-97 Mol) Site & Bldg Mod (Tates Rents) drf.doex in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council (Resolution 18- 34). The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. • Eagle City Code Section 8-4-4-2: ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture (as identified in the EASD book) are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than five hundred (500) spaces; c. Thirty feet (30') for parking lots with more than five hundred (500) spaces; d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty (320) watts. b. The light fixture shall be no higher than seventeen feet (17'). c. The design review board shall make the following findings prior to approving metal halide lighting: Page 11 of 21 K:U'lanning 1kptUagk Applicattun.UM1997\DR-112-97 MOD Site & Bldg Mod (Tates Rents) dri.dncs (1) The lighting shall he harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2. article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the Tight bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall not be permitted to have metal halide lighting. 8. Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way, required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. D. DISCUSSION: • The applicant is proposing a change of use from an auto auction facility to an equipment rental and sales yard, including modifications to the exterior building elevations and site. The existing building is constructed of smooth face CMU. The applicant's justification letter states that the exterior building modifications will incorporate the Italianate style of architecture by addition symmetrical facades, adding header detail and canopies to the windows, create a prominent entrance, and rectangular openings. The exterior building modifications are primarily on the north building elevation with minimal modifications proposed on the south, east and west building elevations. Pursuant to Eagle City Code Section 8-2A-6[B][I][g] smooth face block is permitted for accent only and 10% maximum wall coverage per facade. Staff defers comment regarding the building modifications and colors and landscaping to the Design Review Board. • The landscape plan, date stamped by the City on January 3, 2019, shows 6.6% landscaping for the overall site. Pursuant to Eagle City Code Section 8 -2A -7[B][2] and conditional use permit site specific condition of approval No. 4, 10% of the site is required to be landscaped. The applicant should be required to provide a revised landscape plan showing a minimum of 10% landscaping on the site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. • The applicant is proposing to remove two existing 6 -inch caliper trees on the site. If the Design Review Board approves the removal of the two existing trees, mitigation will be required. Pursuant to Eagle City Code Section 8 -2A -7[C], the required mitigation is 24 caliper inches. The applicant is proposing to install 3.5 caliper inch trees on the site (larger than the 2 -caliper inch requirement) and add two additional trees larger than code requirements mitigating for a total of 13 caliper inches. If the Design Review Board determines that it is appropriate to remove the trees, then the removal mitigation may be: A. Plant an additional 11 -inches (this is in additional to the additional 13 caliper inches already shown on the plan) of new deciduous tree caliper on the site at the time of development and prior to the issuance of any occupancy permits. -OR- Page 12 of 21 K 1I'Lmnmg 114.1t11:41d, Applu .ion \Ur\1997\DR.U2.97 \1(1) tiny & Bldg Mod (Tates Renal dri dock B. Provide a contribution to the tree fund for compensation for the removal of the trees in the amount of $1,925 (11 -inches x $175/caliper inch) pursuant to Resolution 18-34. -OR- C. Any other combination of planting additional trees on-site and/or a contribution to the tree fund as may be approved by the Design Review Board. • The existing site plan and landscape plan state the existing chain link fencing along the perimeter of the site is to be retained. Pursuant to Eagle City Code Section 8-2A-6[B][3][e] and conditional use permit (CU -04-18) site specific condition of approval No. 5, chain link fencing is prohibited. The applicant should be required to provide a revised existing site plan, landscape plan, and detail of proposed fencing that is in compliance with Eagle City Code Section 8-2A-6[B][3][e]. The revised existing site plan, landscape plan, and fence detail should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows the southernmost portion of the site (10,700 -square feet) to be a combination of tall turf -type fescue and gravel. Pursuant to conditional use permit (CU -04-18) site specific condition of approval No. 6 the applicant is required to improve the approximately 10,700 -square feet area adjacent to the southern property line with either landscaping, paving, or a combination of both. The applicant should be required to provide a revised landscape plan showing the approximately 10,700 -square foot area located adjacent to the southern property line to be improved with either landscaping, paving, or a combination of both. The revised landscape plan should be reviewed and approved by staff and on member of the Design Review Board prior to the issuance of a zoning certificate. • The north building elevation is proposed to be modified to include horizontal metal siding and corrugated vertical metal siding. The north building elevation faces a road and pursuant to Eagle City Code Section 8 -2A -6[B][ 1 ][k], metal siding is prohibited on the portion of any building facing a road unless a waiver is allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the City; and is attractively landscaped, design, and situated, to eliminate the stark utilitarian look. Staff defers comment regarding the metal siding proposed on the north building elevation to the Design Review Board. • The applicant is proposing to retain an existing metal roof and add an additional metal roof element on the north building elevation. It is unclear if the existing metal roof or roof element on the north elevation have concealed fasteners. Pursuant to Eagle City Code Section 8-2A- 6[B][2][e], metal standing seam roofs are required to have concealed fasteners. The applicant should be required to provide a roof detail showing the standing seam roof to have concealed fasteners. The roof detail should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows a 9 -foot wide by 70 -foot landscape strip with four trees and three shrubs on the east property line between the property line and the parking lot. Pursuant to Eagle City Code Section 8 -2A -7[K][3], a 5 -foot wide perimeter landscape strip between the property lines and parking lot is required to be planted with a minimum of one shade tree and five shrubs per 35 feet of perimeter. The applicant should be required to provide a revised landscape plan showing a minimum of 10 shrubs located in the landscape strip along the east property line. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows an interior landscape strip located on the east side of the building adjacent to the proposed fence that is 3 -feet wide. Pursuant to Eagle City Code Section 8-2A- 7[K][4][b][1], interior planters are required to be a minimum of five feet wide. The applicant Page 13 of 21 K:U'lanning Ikptlliagle Applications1Dr119971DR-02-97 MOD Site & Bldg Mod (Tates Rents) drr.docx should be required to provide a revised landscape plan showing the interior planter located on the east side of the building and adjacent to the proposed fence to be a minimum of five -feet wide. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan identifies sod and seven existing trees within the area adjacent to East State Street and sod to be installed. No shrubs exist or are proposed in this area. Pursuant to Eagle City Code Section 8 -2A -7[L], landscaped strips between building development and public rights of way are required to be landscaped with one shade tree and 10 shrubs per 35 feet of street frontage. The applicant should be required to provide a revised landscape plan showing the addition of 43 shrubs between the parking lot and the right-of-way along East State Street. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The site plan identifies 10 -parking spaces located closest to East State Street to be removed, however, the landscape plan shows the 10 -parking spaces. The applicant should be required to provide a revised landscape plan showing the 10 -parking spaces closest to East State to be removed. The revised landscape plan should be reviewed and approved by staff 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 January 10, 2019. The application was continued to January 24, 2019, 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 2:04:10) On January 10, 2019, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is not in favor of the proposed changes to the exterior of the building, specifically the metal proposed on the north building elevation. The Board is not opposed to some metal siding being utilized on the elevation, but not covering the entire elevation. • The Board is not in favor of retaining the existing chain-link fence on the southern property line. If the City Council approves the retention of the existing chain-link fence on the southern property line, the Board recommends additional landscaping on the southern property line to screen the equipment from adjacent properties (the existing fence is open). • The Board recommends approval of the proposed tree mitigation. BOARD DELIBERATION: (Granicus time 23:50) On January 24, 2019, upon completion of the applicant's and staff's presentations, the Board discuss during deliberation that: • The Board is in favor of striking site specific conditions 2, 6, 7, 8, 9, 10, 11, and 22 since the applicant provided a revised site plan and landscape plan to address these conditions. • The Board is in favor of the exterior building modifications with the addition of a contrasting color on Page 14 of 21 K:U'lanning Dept\Eagle Applications\I)AI9971DR-02-97 MOO) Site & Bldg Mud (Tates Rents) drf.docx the north building elevation, applying the cement plaster so that the CMU block grout lines do not show through, and applying the cement plaster on the east and west building elevations to the fence line. • The Board is in favor of the removal of two trees from the site due to the location of the tree roots in proximity to the new monument sign location. • The Board is in favor of the metal siding on the north building elevation since the metal adds architectural interest to the existing CMU block building. BOARD DECISION: The Board voted 4 to 0 (Baer and Brasher absent, Grubb abstains) to recommend approval of DR -02-97 MOD for a design review application to convert an existing 6,250 -square foot auto auction facility to an equipment rental and sales yard use, including site and exterior building modifications for Eric Tate, 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 DR -30-13 and DR -30-13 MOD. ' - plan 0% landscaping on the site. The revised landscape plan Shall be re:'ie-wcd and approved by staff and one member -4 the Defirgn Review Board prior to issuance of zoning certificate. 3. The Design Review Board recommends approval of the: - - • - .:: :: - . - : removale of twothe trees., then the removal mitigation Shall be: The applicant shall provide a revised landscape plan showing an additional 11 -caliper inches of new deciduous trees on the site (this is in addition to the additional 13 caliper inches already shown on the plan). The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. A. Plant an additional 11 inches (this is in additional to the additional 1-3 calipr.r-inehes already shown on the plan) 3 trea caliper -en -the site at the time of Ele-velopre. to the issuance of -any oceupaney-perm. -01- B—Provide a contribution to the tree fund for compensation for the removal of the tree in -the amount of $1,925 (11 inches x $175/ealiper inch) pufsuant to Resolution 1 g 31. -OR- C. Any other combination of planting additianal-trees on site and/or a crntfibutien to the tree fund as may be approv 4. Provide a revised site plan, landscape plan, and detail of proposed fencing that is in compliance with Eagle City Code Section 8-2A-6[B][3][e] and conditional use permit site specific condition of approval No. 5 (chain link fencing is prohibited. The revised existing site plan, landscape plan, and fence detail shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing the approximately 10,700 -square foot area located adjacent to the southern property line to be improved with either landscaping, paving, or a combination of both. The revised landscape plan shall be reviewed and approved by staff and on member of the Design Review Board prior to the issuance of a zoning certificate. 6—Provide standing -seam -reef -to -have eo - - • - • - - - _ . . Page 15 of 21 K:U'lanning I)eptll:agk Applications1Dr119971DR-(I2-97 MOD Site & Bldg Mod (Tates Rents) drt:docx shall -be -reviewed -and approved -by -staff -prior to the issuance of a zoning certificate. 7, --Provide a revised iandseape-plan showing a minimum of two shade tree, and 10 shrub/3 located in the landscape -:tip along ':, landscape plan Shall bowed and approved by staff and one member of t. to the issuance -of a zoning certificate 8:—Provide a revue landscape plan c ion planter located op the east side of the building _ . _ - - • - - - _ . - . .. . • - . m of five -feet wide. Thc re-vised landscape -plan shall bie reviewed end approved—by—staff prior to the issuance of a zoning ccrti te 93—Provide a revised landsca 3 s` --rub:, betweoa the -parking -lot and right - of way a treet. T plan shall be re—viewed—and approved -by -staff -• Board -prier -to -the issuance of a zoning—certificate, ! . - - • : - 10 parking spaces closest to East State roc te-be removed. The revised landscape -plan shall be r by staff prior to the issuance -of a-zoning-se-rtifieate. 11. Provide revised lighting cutsheets show ng the LED cot to be a maxim of 3000 Kelvin. The revised lighting cutshec s shall be reviewed and armed -by -staff prior to the issaanee-ef a zoning certificate. 12. Provide a license agreement from ACHD to permit the removal of the cobblestone and replacing it with sod or approved fescue within the public right-of-way. A copy of the executed license agreement shall be submitted to the City prior to the issuance of a zoning certificate. 13. The applicant shall be required to remove the cobblestone located within the ACHD drainage swale, and replace it with sod or approved fescue. 14. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 15. 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. 16. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 17. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 18. No roof mounted mechanical units are proposed with this application and none are approved. 19. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 20. No signs are proposed with this application and none are approved. 21. Provide a revised site plan showing all overhead powerlines, cable, and telephone service systems to be installed underground. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. _? Pit -amide e ,ed landscape plan showing a five foot wide landseapz buff property -lino, and pl - . - . _ - - . • _ - .. 35 linear feet. The rev -iced landscape plan shall be reviewed and approved -by -staff -and -one member of the Design Revicv.• Ecerd prior to the -issuance of a zoning certificate, 23. Provide material and color samples of all materials proposed on the building. Provide an alternate color sample for the cement plaster proposed on the building. The material samples and colors shall Page 16 of 21 K:Wktnning Ikpng?agk Applications11)r119971DR-02-97 MOD Site & Bldg Mod (Tates Rents) drt:docx be reviewed and approved bv staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 24. Provide revised building elevations showing the architectural treatments currently shown on the east and west building elevations (wainscoting and coping and cement plaster which extend approx. 25 - feet south of the front of the building) extending south to the fence line (approx. 72 -feet south of the front of the building). The building elevations shall identify the thickness of the cement plaster that. when applied. will hide the CMU grout lines. The revised building elevations shall be reviewed and approved bv 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. 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 Page 17 of 21 K:1I'Ianntng tkpl\I agk Applicatiun.UM1997\1)R-02-97 N101) Site K Bldg Mod (Tates Rents) dr1.doot 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. 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 Page 18 of 21 K:\Planning (kp;*rgk Application+\Ih\1997U)R•O2.97 MUl) Site & Bldg Mod (Tates Kcnts) drl.docx 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. 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. Page 19 of 21 K:M anning Deptlliag c ApplicationI)r11997\DR-02-97 M01) Site & Bldg Mod (Talcs Rents) drf docx 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 -02-97 MOD) 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 modification to an existing building, including site and exterior building modifications are permitted with the approval of a design review application within the M-1 (Light Industrial District) 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 exterior building modifications are designed to be harmonious with the surrounding buildings and the Italianate style is one of the nine architectural styles identified in the Eagle Architecture and Site Design book; 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 equipment rental and sales yard; 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 building has been designed with quality materials and has been designed to 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 exterior building modifications are in conformance with the Italianate style identified within the Eagle Architecture and Site Design book; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the existing building is in conformance with the required setbacks and height restrictions permitted 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 there is an existing pathway located on the north side of the property and the parking lot has been designed with connectivity to the public streets; 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 since there is an existing pathway located on the north side of the property which provides access to the site and adjacent sites; and I. No signs are proposed with this application. A separate design review application (DR -62-18) has been submitted for signage and all signs will be required to be harmonious with the architectural design of the building and will not cover nor detract from desirable architectural features. Page 20 of 21 K:U'lanning Dept\Eagle Applications\I)AI9971DR-02-97 MOl) Site & Bldg Mod (Tates Rents) dri:docx DATED this 24`h day of January 2019. DESIGN REVIEW BOARD OF THE CITY OF LE Ada Co Ro4fert Grubb, Chairman ATTEST: Sharon K. Bergmann, Eagle City Clerk Page 21 of 21 K Ilept11 . I. Apphi,unina1M1 J 171 R-02-97 M( 111 Gia R Itldg Mod i 1atc. ItrnI drt do,r • t let,,