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Findings - DR - 2024 - DR-2022-39-MOD1 - Great Sky Estate Subdivision - Modify the Landscaping at the Alliance Jui Jitsu BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO MODIFY THE ) LANDSCAPING AT THE ALLIANCE JUI ) JITSU FOR ALEXANDRE PAIVA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2022-39-MOD1 The above-entitled design review application came before the Eagle Design Review Board for their action on May 23,2024. The Eagle 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: Alexandre Paiva, represented by John Day with Slichter/Ugrin Architecture, is requesting design review approval to modify the landscaping for the Alliance Jui Jitsu building. The 0.165-acre site is located on the southwest corner of South Wooddale Avenue and East Hill Road at 195 South Wooddale Avenue(Lot 11,Block 22,of Great Sky Estate Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 25,2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on May 18,2024,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 20, 2001, the City Council approved a rezone with a development agreement (including a concept plan)for IFI Partners II(RZ-14-00). On October 23, 2001, the City Council approved a development agreement modification for IFI Partners II(RZ-14-00 MOD). On October 23, 2001, the City Council approved a preliminary plat for Great Sky Subdivision No. 7 (PP-9-01). On January 25,2022,the City Council approved a modification to the development agreement for Great Sky Subdivision No. 7(RZ-14-00 MOD2). On July 26,2022,the City Council approved a design review application for a personal improvement building for Alliance Jul Jitsu(DR-29-22). E. COMPANION APPLICATIONS:None. Page 1of14 K:\Planning Dept\Eagle Applications\Dr\2022Wliance Jui Jitsu DR-2022-39-MODI alliance Jui Jitsu Tree Removal Findings DR.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with Personal Improvement development agreement) Building Proposed No Change No Change No Change North of site Compact R-3 (Residential) East Hill Road/residential subdivision South of site Mixed Use MU-DA(Mixed Use with Office buildings development agreement) East of site Mixed Use MU-DA-P(Mixed Use with a South Wooddale Avenue/ development agreement- multi-tenant PUD) retail/restaurant/office building West of site Professional R-3 (Residential) Residence Office/Business Park G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA,or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with 3,711-square foot personal improvement building with associated landscaping and parking. Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2022Alliance Jui Jitsu DR-2022-39-MODI\Alliance Jui Jitsu Tree Removal Findings DR.docx J. SITE DATA:No Change. SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.165-acres(7,187-SF) 0.11-acres(5,000-SF) Percentage of Site Devoted 34%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 40%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 13-parking spaces are allocated for this 13-parking spaces (minimum) site 41-total parking spaces existing for all four buildings in Great Sky Subdivision No. 7 Front Setback(South) 1.6-feet 0-feet(minimum)* Rear Setback(North) 20-feet 20-feet(minimum) Side Setback(East) 22-feet 20-feet(minimum) Side Setback(West) 12-feet 10-feet(minimum)* *Note:Setbacks as required within the development agreement(RZ-14-00 MOD2). K. PARKING ANALYSIS:No Change. Gross Floor Area of Proposed Personal Improvement Building: 3,711-square feet • Eagle City Code Section 8-4-5 requires parking spaces per 250-square feet of gross floor area. Proposed Parking Spaces: 13 Required Parking Spaces: 13 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Personal Improvement") L. GENERAL SITE DESIGN FEATURES:No Change. Number and Uses of Existing Buildings: The applicant has constructed one(1)building to be utilized as a personal improvement building. Height and Number of Stories of Existing Buildings: The applicant has constructed an approximately thirty foot(30')high structure with a mezzanine. Gross Floor Area of Existing Buildings: The personal improvement building is approximately 3,711-square feet. On and Off-Site Circulation: The parking lot for the four commercial lots within Great Sky Subdivision No. 7 was completed when the first buildings were constructed within the development. No alterations are proposed to be made to the parking lot. The parking lot has two access driveways providing access to South Wooddale Avenue. Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-2022-39-MODI\Alliance Jui Jitsu Tree Removal Findings DR.docx M. BUILDING DESIGN FEATURES:No Change. Proposed Building Design: Craftsman Roof: Architectural shingles(black/grey) Walls: Board and Batten Vertical Siding(Colonial White),Thin Brick(Grey) Windows/Doors: Aluminum(anodized) Fascia/Trim: Cementitious boards(White) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There were 14 trees located on this site. With the approval of the construction of the building on this site,the applicant was permitted to remove 4 of the trees. The 10 remaining trees were to be retained and protected. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: No street trees are proposed along East Hill Road based on the overhead power lines being located where the street trees would be required. Additionally, street trees were planted along South Wooddale Avenue when the commercial lots within Great Sky Subdivision No. 7 was constructed. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: Existing and no change. O. TRASH ENCLOSURES:No Change. One (1) 80-square foot trash enclosure exists west of the parking area within the commercial area of Great Sky Subdivision No.7. There is no change proposed to the trash enclosure with this project. P. MECHANICAL UNITS:No Change. The applicant is proposing to use a ground mounted mechanical unit. The unit is proposed to be located near the northwest corner of the building and screened from view by the existing landscaping and screen wall. Q. OUTDOOR LIGHTING:No Change. A site and parking lot light plan showing location,height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. R. SIGNAGE:No Change. No signs are proposed with this application. A separate design review application was submitted, reviewed,and approved prior to the building wall signs being constructed and installed on the building. S. PUBLIC SERVICES AVAILABLE:No Change. The site is serviced by the Eagle Fire Department,Veolia Water,and Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2022Alliance Jui Jitsu DR-2022-39-MODI\Alliance Jui Jitsu Tree Removal Findings DR.docx Floodplain-no Mature Trees-yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. X. AGENCY RESPONSES:No Change. Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a.The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions,if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2022Alliance Jui Jitsu DR-2022-39-MODI\Alliance Jui Jitsu Tree Removal Findings DR.docx i. Will have signs,if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.14 The commercial parcels noted on the plat as Lots 21-25,Block 11,shall be permitted to have zero (0)side setbacks along the common parcel lines between said lots.The side lot line(west property line) of Lot 22, Block 11, shall be 10-feet. Lots 23, 24 and 25, Block 11 shall be permitted to have zero rear setbacks along the common parcel lines between said lots. All other setbacks for these lots shall be measured from the subdivision boundary lines. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-7(C)Retention,Removal,and Replacement of Trees: 1. Retention Of Existing Trees: a.Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a.Where trees are approved by the city to be removed,replacement with a species identified in section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8") caliper deciduous tree is removed,an acceptable replacement would be four(4)two inch(2") caliper deciduous trees. A twelve foot(12')tall coniferous Page 6 of 14 K:'Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-2022-39-MODIAlliance Jui Jitsu Tree Removal Findings DR.docx tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous trees. 3. Damage During Construction:Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. D. DISCUSSION: • On July 26,2022,the Eagle City Council approved the construction of a new personal improvement building to be located on this site. With the approval of the personal improvement building, the applicant was permitted to remove four trees from the site and the rest of the trees were to be preserved and protected. On May 19, 2023, city staff completed a site inspection of the new building and landscaping and found that the six remaining Norway Pine trees had been severely trimmed to accommodate the construction of the building. Pursuant to Eagle City Code Section 8- 2A-7(C)(3), existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. I 1 , , © O 0 I ,. --- / + ++ +• + - a ' ® �+ + + + + + + + + + + + + + + #-+ ®I I + + + + + + + + + + + + + + + + + + IN e+ +- + + + + + + + + + + + + • Oa+ -- .- ++++ i �. _• �� I 1, 0 00 \ 1 = d 1` .. .►"<o i ' r' 1 1 Xf 4 �� 1 n A 1 4k�1j : ''. / l ' `��, 1 ' 2`1 f of it E 1 �I . Landscape plan identifying the six Norway Pine trees that have been severely trimmed. Page 7of14 K:\Planning Dept\Eagle Applications\Dr\2022Alliance Jut Jitsu DR-2022-39-MODI\Alliance Jul Jitsu Tree Removal Findings DR.docx 1 , .,:s. Tree No. 2 Tree No. 1 • } �;• .a.A J g4tY c ,t:vatN f S:. ,..7...1,,„ At. ,ti,,i,:: '"bs ,.f t ,,,,,.,-,,. '.40'.t, '-';-.01,-f l i i s "'s- s m€ '►-- ,1i A y than a' b s d Trees No. 3-6 Trees No. 3-6 Page 8 of 14 KAPlanning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-2022-39-MOD I\Alliance Jui Jitsu Tree Removal Findings DR.docx -a...."^s.,,..„_. . Ed yy p #. r• ,t : KMM ', ' *` ii S act 1fr i 3 , It E Ile t ) "*,:-.' r..,, 1 !IE.1 1 t' 14 it 01,4-= ,, - .,,,i, --ter :,. 11 1 d 1 v.,,,, s ti ai '', '' Sr,. f Trees No. 3-6 Staff defers comment regarding the trimming of the Norway Pine trees to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2022Alliance Jul Jitsu DR-2022-39-MODI\Alliance Jul Jitsu Tree Removal Findings DR.docx PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on May 23, 2024, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board recommend the applicant be required to remove all six Norway Pine trees based on the complete disregard to the way the trees have been trimmed reducing the aesthetic value of the trees. Also,improper pruning may cause potential for structural damage,disease,and insect invasion,which will shorten the life of the trees. • The Board considered leaving one of the trees along the north side of the building but had concerns due to the lack of canopy on the tree on the side where the other trees were removed.Based on how the tree was trimmed on the side facing the building it has lost its aesthetic value. BOARD DECISION: The Board voted 4 to 0(Grubb,Duperault,and Murphy absent)to recommend approval of DR-2022-39- MOD1 for a design review application to modify the landscaping for the Alliance Jui Jitsu building,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR-2022-39. 2. No signs are proposed with this application and none are approved. 3. Provide a revised plan showing the six Norway Pine trees removed and replaced with 30-caliper inches of deciduous trees or 72-feet of evergreen trees or a combination of deciduous and evergreen trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a certificate of occupancy. 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. Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-2022-39-MODl'Alliance Jui Jitsu Tree Removal Findings DR.docx 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 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 Page 11 of 14 K:\Planning Dept\Eagle Applications\Dr'2022\Alliance Jui Jitsu DR-2022-39-MODI'Alliance Jul Jitsu Tree Removal Findings DR.docx 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. 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. Page 12 of 14 K:\planning Dept\Eagle Applications\Dr\2022\Alliance Jui Jitsu DR-2022-39-MODIWlliance Jui Jitsu Tree Removal Findings DR.docx 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. Use,or each use for multi-use/multi-tenant projects,shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application,shall require the applicant to submit a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-2022-39-MOD1) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District,and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a modification to the landscaping around a personal improvement building is permitted with the approval of a design review application within the MU-DA(Mixed Use with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the existing building is designed to complement the general vicinity and since the landscaping will be modified to enhance the building and the surrounding 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—Not applicable for a landscape plan; Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2022Affiance Jut Jitsu DR-2022-39-MOD l\Alliance Jut Jitsu Tree Removal Findings DR.docx 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—Not applicable for a landscape plan; 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—Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building does not exceed 35-feet 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 — Not applicable for a landscape plan; H. Is in the interest of public health, safety,and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. DATED this 13th day of June 2024. DESIGN REVIEW BOARD OF THE CITY OF GLE Ada County, a o (---Th Walter Lindgre hairman ATT ST: s,,,,,,,„,,,,,,,,,,,. t. wP^• E v.� • • O Tracy E. O , agle City Clerk _ .• a -. QI .* •...: P.�i,•� Page 14 of 14 K:\Planning Dept'Eagle Applications\Dr\2022 Alliance Jul Jitsu DR-2022-39-MODI\Alliance Jui Jitsu Tree Removal Findings DR.docx