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Findings - DR - 2001 - DR-51-01 - Convert Residence At 209 S Eagle Rd Into An Office ORIGINAL BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONVERT A RESIDENCE INTO AN OFFICE FOR JIM AND MARSHA BAND ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-51-01 The above-entitled design review application came before the Eagle Design Review Board for their action on September 13, 2001. 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: Jim and Marsha Band are requesting design review approval to remodel an existing residence into an office. The 0.42-acre site is located on the west side of Eagle Road approximately 600-feet south of State Street at 209 South Eagle Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on July 10,2001. c. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on August 29,2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on August 24, 2001. Requests for agencies' reviews were transmitted on August 10, 2001 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 6, 2001, the Eagle City Council approved a rezone application with a development agreement for this site (RZ-16-00). E. COMPANION APPLICATIONS: DR-52-01 (Monument Sign Application). Page 1 of 15 K:\Planning Dept\Eagle ApplicationsIDr12001\DR-51-01 drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business CBD-DA(Central Business Vacant residential building District District with development agreement) Proposed No Change No Change Phased Office Development North of site Central Business R-4 (Residential) Residences District South of site Central Business R-4 (Residential) Residences District East of site Central Business CBD (Central Business District) Retail District West of site Central Business R-4 (Residential) Residences District G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional Development Area). EXISTING SITE CHARACTERISTICS: H. There is an existing 1,1 04-square foot vacant house and 496-square foot storage shed on site. There are ten existing trees located on this site. The applicant is proposing to retain eight of the ten trees. Page 2 of 15 K:\Planning Dept\Eagle Applications\Drl200 1 IDR-5 1-01 drf.doc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site OA2-acres (18,438-square feet) O.Ol-acres (500-square feet) Percentage of Site Devoted to 11.8% (Phase I) 85% (maximum) Building Coverage 21.5% (Phase II) 20% (minimum) Note: These percentages do not include the drainage ditch easement area which is a non buildable area per the ditch company. Percentage of Site Devoted to 30% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 5-parking spaces 5-parking spaces Front Setback 23 - feet (east) 25-feet (maximum) 10-feet (minimum) Rear Setback 150-feet (west) a-feet Side Setback 50-feet (north) 10-feet (maximum) Side Setback 9-feet (south) 10-feet (maximum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Phase I - Two existing buildings, office and shed Phase II - One building, office Height and Number of Stories of Proposed Buildings: 15' 8" high, one story. Gross Floor Area of Proposed Buildings: Phase I - Two existing buildings, Office = 1,1 04-square feet Shed = 496-square feet Phase II - One building Office = 1,440-square feet On and Off-Site Circulation: A 3,150-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 24-foot wide driveway is located on the east side of this site approximately 21- feet south of the north property line providing access to Eagle Road. K. BUILDING DESIGN FEATURES: Roof: Architectural shingles (Black) Walls: Cedar Shingles and Lap Siding Windows/Doors: Vinyl Windows with grids Facia/Trim: 8-inch fascia with 8-inch accent beams Other: Brick piers Page 3 of 15 K:\Planning Dept\Eagle ApplicationsIDrl2001\DR-51-01 drfdoc 1. N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are ten existing trees located on this site. The applicant is proposing to retain eight of the ten trees. The arborist report states that the pine tree (tree #5) is dead and should be removed. The applicant is proposing to remove the dead pine tree and the juniper located at the southeast corner of the house. Tree Replacement Calculations: The applicant is proposing to remove the 4-foot tall juniper tree located at the southeast comer of the house. The 4-foot high juniper tree is approximately equivalent to a 3-inch caliper deciduous tree. Per Eagle City Code the applicant is required to replace the juniper tree with two times the caliper of tree removed, therefore the applicant is required to replace 6-inches tree caliper on site. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There is one existing street tree located within the 5-foot wide planter strip between the curb and sidewalk. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot of phase one. b. Interior Landscaping: 0% interior landscaping is required. 0% is proposed. M. TRASH ENCLOSURES: One 112-square foot trash enclosure is proposed to be located abutting the south property line of the site approximately 78-feet west of Eagle Road. The enclosure is proposed to be constructed of existing wood fence material and chainlink with slats. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. O. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. P. Page 4 of 15 K\Planning Dept\Eagle ApplicationslDrl2001\DR-51-O1 drf.doc Q. R. S. PUBLIC USES PROPOSED: None PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists 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 - yes -Eagle Drain located abutting the west property line. Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: U. Ada County Highway District Central District Health Drainage District No.2 - Ringert Clark Eagle Fire Department Eagle Sewer District New Union Ditch Company United Water V. 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: (None) B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-6(A)(5)(a) Electrical and telephone service systems shall be installed under ground. . Section 8-2A-6(C)(2)( d) Orientation: Shall be designed so that at least seventy percent (70%) ofthe building's ground level, street-facing facades are constructed to abut and be oriented to a public Page 5 of 15 K: \Planning Dept\Eagle Applications\Dr1200 1 \DR-S 1-0 I drf.doc sidewalk or plaza. . Section 8-2A-6(C)(2)(t) Facade: All buildings shall include a "store-front" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. . Section 8-2A-6(C)(2)(i) Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials. . Section 8-2A-6(C)(3)(b) Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable. . Section 8-2A-6(C)(3)(d) Front, side and rear setbacks shall be for pedestrian amenities and the City encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. . Section 8-2A-6(C)(3)( e) The City encourages developing outdoor use and/or strong visual ties on properties along the Eagle Drain to preserve its natural resource, visual features and possible recreational value. . Section 8-2A-6(C)(3)(t) Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off-site parking shall be provided for. . Section 8-2A-6(C)(5) Landscaping And Streetscape: All landscaping shall comply with the landscape guidelines contained in the Design Review Guidelines Booklet as set forth in Section 8- 2A-12 ofthis Article. Applicant shall provide urban streetscape treatment with ten foot (10') wide sidewalks, with curbs and gutters and bulb-outs at all intersections excluding Eagle Road. Streetscape improvements will include: street trees, pedestrian lighting, and furnishings. A modified streetscape may be approved where appropriate by utilizing eight foot (8') wide sidewalks plus a ten foot (10') wide park strip with street trees, pedestrian lights and lawn. Furnishings shall be used sparingly in the public right of way in this District and may include benches, planters, and waste receptacles, located primarily at intersections. Private development is encouraged to provide additional furnishings within the required setbacks. Examples are shown on Exhibits A-2 through A-13 which are located at the end of this Article and incorporated herein by reference. . Section 8-2A-6(C)(6)(b) Public Gathering Place: A public gathering place is desired to act as the hub for community events such as the Eagle Fun Days. The public gathering place could be Page 6 of 15 K:lPlanning DeptlEagle ApplicationslDr12001 IDR-SI-O I drfdoc defined as 1 st Street between Idaho Street and Aikens Road, and State Street between Eagle Road and 2nd Street. However, the public gathering place may be redefined as development progresses in the Downtown Development Area and/or in the Transitional Development Area or if a more specifically defined area is adopted as a part of the City Comprehensive Plan. The sidewalks within the public gathering area shall be expanded to ten feet (10'). Additional right of way shall be required or a public/private partnership established to expand the streetscape on private property. Development of a water feature and an unmanned information kiosk for community announcements is recommended for this area. . Section 8-2A- 7(C)(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 1 inch to 6 inches cal. 61/4 inches to 12 inches 121/4 inches or more Replacement 2x cal. of tree removed l.5x cal. of tree removed Ix cal. of tree removed . Section 8-2A- 7(C)(2) 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 or shrub shall be replaced in accordance with subsection Cl of this Section. . Section 8-2A- 7(C)( 4) . Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. Section 8-2A- 7(J)(2)(a) When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot (6') high landscaped buffer is required. . Section 8-2A- 7(J)(2)(b) When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high landscaped buffer is required. . Section 8-2A-7(J)(2)(c) . To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off-street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. Section 8-2A- 7(J)(3)( d) Chainlink fencing, with slats or otherwise, is prohibited for screening. Page 7 of 15 K: \Planning DeptlEagle ApplicationslDrl200 IIDR-51-0 I drf.doc c. Section 8-2A-7(B)(4) If only a portion of a property is being developed, and if the City does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet (25') (on-site) beyond the proposed development. DISCUSSION: . . The applicant has proposed 22.7% of the front of the building to be glass. Per Eagle City Code all buildings within the IDA are required to include a "store-front" on the ground floor consisting of a minimum of fifty percent (50%) glass. The applicant should be required to provide a revised elevation of the east (front) elevation showing the building having a minimum of 50% glass. The revised building elevation of the east should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. The applicant is proposing to phase this project in two phases. The first phase of this project includes remodeling the existing house into an office and constructing a 3, 150-square foot parking lot on the north side of the building. The second phase of this project includes constructing a 1,440-square foot office building located on the western portion of this site. The parking for the 1,440-square foot building will be accessed through the parking lot constructed in phase one of this development, which will be re-orientated, when phase two is constructed. The applicant is proposing to grant cross access to the parcels to the north and the south for future development. The building setback to the north is 50-feet. Per Eagle City Code the maximum side building setback is lO-feet. The north side setback, under the above noted setback criteria, which is currently in Eagle City Code, would considered this building a nonconforming use and would not be permitted to be occupied until it was brought into conformance with the specific criteria of the code. The City Council determined, on similar applications, that the Design Review Ordinance regarding this setback was to apply to new structures and additions, and that it was not the intent of the City to require existing structures to be rebuilt to meet the setback requirements. Also, it is staff's opinion that the applicant is providing a shared access driveway within the required setback area to be used by developments to the north and the south once they are redeveloped. Per past direction of the City Council, staff will bring a proposed ordinance amendment to address setbacks and existing buildings to the Commission and Council in the future. The applicant is not proposing to develop anything along the Eagle Drain in either phase of this project. Phase two shows parking within 10-feet of the Eagle Drain. Per Eagle City Code the City encourages development outdoor use and/or strong visual ties on properties along the Eagle Drain to preserve its natural resource, visual features and possible recreational value. Picnic tables, benches or other pedestrian amenities should be proposed within the area of the Eagle Drain along with natural vegetation. The applicant should be required to provide a revised site and landscape plan showing picnic tables, benches or other pedestrian amenities and natural vegetation along the Eagle Drain. The revised site and landscaping plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. The applicant should be required to obtain approval from the Drainage District prior to installing any improvements within the Eagle Drain area. . . . The footprint of the building within phase one of this project covers approximately 12% of the site. The building footprint of the existing building within phase one and the proposed Page 8 of 15 K:\Planning DeptlEagle Applications\Dr\200 L IDR-S 1-01 drfdoc . building within phase two are proposed to cover approximately 22% of the site. Staff recommends that the minimum lot coverage calculation be based upon full build-out of the entire site (Phase I and Phase II combined). There is an existing 5-foot wide concrete sidewalk with a 4-foot wide parkway strip abutting this site along Eagle Road. An 18-foot wide by 40-foot long concrete plaza area with brick pavers is proposed south of the driveway to the site abutting the existing 5-foot wide sidewalk. No additional sidewalk widening has been proposed along the 9-feet south of the proposed plaza area or along the 21-feet north ofthe driveway to the site. The applicant should be required to provide an additional5-foot wide red stamped concrete or brick pavers abutting the 9- feet of sidewalk that is located south of the proposed plaza area and abutting the 21- feet of sidewalk that is located north of the driveway to the site. The revised site plan should be reviewed and approved by staff prior to issuance of a building permit. . There are ten existing trees located on this site. Two of the ten trees on this site are to be removed. Per the arborist report there is one 5-inch pine tree that is dead and should be removed. There is one juniper tree located at the southeast comer of the site that is proposed to be removed to accommodate the continuation of the 10- foot wide sidewalk to the south. Staff recommends that the applicant be required to relocate the juniper tree on site or receive approval from the Design Review Board to remove the juniper tree. If the juniper tree is approved to be removed then 6-inches of tree caliper is required to be installed on-site. The applicant should be required to provide a revised landscape plan showing the 6-inches of additional tree caliper on site should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. The applicant is proposing to retain eight of the existing trees on-site. Per the arborist report, the areas within the tree driplines should not be disturbed. The applicant should be required to provide construction fencing around the eight existing trees prior to and during construction of the site. The construction fencing should be installed prior to issuance of a building permit. Eagle City Code Section 8-2A-6(C)(3)(b) states "The side building setbacks are required to be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable." The existing south side setback is 9-feet. ~ note (ollowi~g conflict: Eagle City Code Section 8-2A- 7(J)(2)(a) requires the installation of a ten foot (10') wide by six foot (6') high landscaped buffer when a commercial use abuts a residential use. Since the site to the south of the proposed building addition is a residence the 10' wide by 6' high buffer area should be installed along the southern portion of the site. . . The implementation of this requirement conflicts with the portion of Eagle City Code that requires side building setbacks to be O-feet or a maximum of 10-feet within the TDA. Staff recommends that as a compromise to this conflict, 9- foot wide by 6- foot high landscape buffer be installed. This could mitigate potential concerns regarding buffering commercial uses adjacent to residential uses and would leave the option for a southern building expansion upon redevelopment of the property to the south (as that property is designated Central Business District on the Comprehensive Plan Land Use Map). If this option is approved by the Design Review Board, then the applicant should be required to provide a revised landscape plan showing a 9-foot wide by 6-foot high landscape buffer between this building and the south property line. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a Page 9 of 15 K: \Planning Dept\EagLe ApplicatinnslDr1200 lIDR-51-0 1 drf.doc building permit. . The trash enclosure for this site is proposed to be located near the southwest comer of the building. The existing fence located on the south property line is proposed to be used to screen the trash enclosure on the south side. The fence that extends ITom the comer of the building to the fence located on the southern property line is proposed to screen the trash enclosure on the east side. Per Eagle City Code to conceal outdoor trash enclosures ITom a residential activity a five foot wide (5') by six foot (6') high landscaped buffer is required. The location of the fence does not allow enough room for a five foot wide landscape buffer between the trash enclosure and the property line. The applicant should be required to provide a revised site and landscape plan showing a minimum five foot wide by six foot high landscape buffer around the trash enclosure. The revised landscape buffer should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. Chainlink fencing with slats is proposed for the gates of the trash enclosure. Per Eagle City Code chainlink with slats is prohibited for screening. The applicant should be required to provide a detail of the trash enclosure gate showing the material to be used on a metal frame. The detail of the trash enclosure gate should be reviewed and approved by staff prior to issuance of a building permit. Staff defers comment regarding building design and colors to the Design Review Board. . . 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 HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on September 13, 2001, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant). BOARD DECISION: The Board voted 4 to 0 (Kenison absent) to approve DR-51-0 1 for a design review application to convert a residence into an office with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: +-. Provide a revised elevation of the east elevation sflowiag the bl:lilding haviRg a minimum of 50% glass. The revised bl:1ildiRg ele'/ation of the east shall be revie';ved and approved by staff and one member of the Design Revie'.Y Board prior to issuanøe of a bl:1ilding permit. Page 10 of15 K:\Planning Dept\Eagle Applications\Dr12001\DR-Sl-01 drf.doc 2. Provide a revised landscape plan showing a 9-foot wide by 6-foot high landscape buffer between this building and the south property line. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 3. Provide a revised site and landscape plan showing picnic tables, benches or other pedestrian amenities and natural vegetation near aleBg the Eagle Drain at the time of submittal for phase two of this development. The revised site and landscaping plan shall be reviewed and approved by staff and one member ofthe Design Review Board prior to issuance of a building permit. 4. The applicant shall be required to obtain approval from the Drainage District prior to installing any improvements within the Eagle Drain area. 5. The building footprint of the existing building within phase one and the proposed building within phase two are proposed to cover approximately 22% of the site. The minimum lot coverage calculation is based upon full build-out of the entire site (Phase I and Phase II combined). 6. The applicant shall review the extent of removal of the existing concrete sidewalk along the frontage of this property. Should more than 50% of the existing concrete be required to be replaced as part of the requirement of the ACHD. then the applicant shall be required to provide additional press stamped concrete or brick pavers in compliance with Eagle City Code streetscape improvements. The re'lÏsed site plafl shall 1:>e reviewed afld afJproyed 1:>y staff prior to issuanee of a 1:>ui1àiß~ permit. Pro'lÏde afl additional 5 foot wide red stamped eonerete or briek pavers abüttiRg the 9 f-eet of side'.valk that is loeated south of the proposed plaza an'!a and ab\:1tting the 21 feet of side',valk that is located north of the drive\vay to the site. The revised site plan shall be revie't'led and apprøved by staff prior ta issuaflee of a 1:>uilding permit. 7. The Desi~ Review Board sup,ports the removal of tree #6 and the juniper tree located at the southeast comer of the site (28-inch caliper Tulip Tree, 6-inch caliper juniper tree). Provide a revised landscape plan showing an additional 34-inches of tree caliper as part of phase two of this development. The revised landscape plan shall be reviewed and approved by staff as part of phase two of this development. The additional tree caliper inches shall be in excess of what is typically required of Eagle City code and should not be considered a replacement of Eagle City Code requirements. Provide a revised landseape plafl ShOV/iRg the 6 iBehes of additional tree ealiper on site. The revised lafldseape plan shall 1:>e reviewed afld appro'/ed by staff and one member of the Design Review Board prior to issoonee of a building permit. 8. Provide full construction fencing around the drip line of all eight existing trees~ prior to and during construetioB of the site. The construction fencing shall remain in place until finished ¡p-ading operations commence. No construction operation of any kind is permitted within the construction fencing. The applicant shall be req.uired to provide a I-foot high water damn around the trees to be maintained until final wading. The construction fencing shall be installed prior to issuance of a building permit. 9. The existing fencing to be used as the south wall of the trash enclosure shall be considered acceptable to the Desi~ Review Board without buffering. It is the intent of this trash enclosure to move to phase two of this development at which time the req.uired screening shall be installed. Provide a nYlÏsed site and landscape plafl sha'Ning a miBimum fiY6 foot '.vide by six root high landscape 1:>uffer arol:1fld the trash eBelosl:lfe. The revised landscape buff-er shall be reviewed afld approved 1:>y staff afld ane member of the Design Revie'.'/ :Board prior to issüanee of a building permit. 10. Provide a detail of the trash enclosure gate showing the material to be used on a metal frame. The detail of the trash enclosure gate shall be reviewed and approved by staff prior to issuance of a building permit. 11. No signs are proposed with this application. A separate design review master sign plan application is required for the approval of any signs. 12. A separate design review application is required to be submitted to the City for review and approval by the Design Review Board for any proposed structures or improvements to be completed within Page 11 of15 K:\Planning Dept\Eagle ApplicationslDrl200IIDR-51-01 drfdoc Phase II of this site (with the exception ofthe landscaping as shown within this application). 13. Provide a revised landsca,pe plan showing the location of all ~ound mounted mechanical units are screened from view per Eagle City Code. The revised landscape plan shall be reviewed and a,pproved by staff and one member of the Desi~ Review Board prior to issuance of a building permit. 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 any building permits or Certificate of Occupancy, whichever occurs first. 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 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 ofthe 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) Page 12 of 15 K:lPlanning DeptlEagle Applications\Drl200 I IDR-51-01 drf.doc 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. 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 Certificate of Occupancy. 10. 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. 11. 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. 12. 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 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. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and Page 13 of 15 K:lPlanning Dept\Eag1e ApplicationslDrl2001\DR-51-O1 drf.doc river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. 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. 17. 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. 18. Basements in the flood plain are prohibited. 19. 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 Commission and/or Council. 20. 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/or the Planning and Zoning Commission for review and approval. 21. 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 ofthat application prior to commencing any change. 22. 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. 23. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the Design Review Board approval date). 24. 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. 25. 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 application for this item was received by the City of Eagle on July 10, 2001. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on August 29,2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on August 24, 2001. Requests for agencies' reviews were Page 14 of 15 K:\Planning DeptlEagle Applications\Drl200 I IDR-51-01 drf.doc transmitted on August 10, 2001 in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-51-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board Action, and based upon the information provided concludes that the proposed design review application is in accordance with the Eagle City Code with the exception of Eagle City Code Section 8-2A-6(C)(3)(b) which states "Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable." The side setback to the north for this building is 50-feet. The City Council determined, on similar applications, that the Design Review Ordinance regarding this setback was to apply to new structures and additions, and that it was not the intent of the City to require existing structures to be rebuilt to meet the setback requirements. A shared access driveway will be provided within the north and south side setback areas for future access to the north and the south parcels once they are redeveloped. DATED this 11th day of October 2001. ATTEST: ßÚA-t. -~~ Sharon K. Moore, Eagle City erk Page 15 of 15 K\Planning DepllEagle Applicalions\DrI2001IDR-51-01 drf.doc