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Findings - DR - 2001 - DR-66-01 - Construct An Office Building Within Casa Escuela Subdivision 208 S Academy Way ORIGtNAl -~ , ..--~-- BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT AN OFFICE BUILDING WITIDN CASA ESCUELA SUBDIVISION FOR SHANNON ROBNETT ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-66-01 The above-entitled design review application came before the Eagle Design Review Board for their action on November 15,2001. 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: Shannon Robnett is requesting design review approval to construct a 4,S72-square foot office building. The 0.43-acre site is located east side of Academy Way approximately 300-feet north of State Street at 20S South Academy Way within Casa Escuela Subdivision. B. APPLICA nON SUBMITTAL: The application for this item was received by the City of Eagle on September 6, 2001. 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 September 26, 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 September 21, 2001. Requests for agencies' reviews were transmitted on September 7, 2001 in accordance with the requirements of the Eagle City Code. c. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 13, 1997, the Design Review Board reviewed and approved the final landscaping plan for the Multi-Use building at the Eagle Academy (DR-1-97). On February 10, 1998, the Eagle City Council approved the combined preliminary and final plat for Casa Escuela Subdivision (PP-3-97 /FP-l 0-97). On October 24, 2000, the Eagle City Council approved a modification to the common area landscaping for Casa Escuela Subdivision (DR-I-97 MOD). E. COMPANION APPLICATIONS: None Page 1 of 14 K:\Planning Dept\Eagle ApplicationslDrl200J IDR-66-0 I drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-I (Neighborhood Business Vacant District) Proposed No Change No Change Office Building North of site Commercial C-l (Neighborhood Business Office Building District) South of site Commercial C-l (Neighborhood Business Vacant District) East of site Residential Four R-4 (Residential) Empire Estates (Residential) West ofsite Commercial C-I (Neighborhood Business Academy Ave./Common District) Lot G. H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. EXISTING SITE CHARACTERISTICS: There are seven existing trees on this site. The applicant is proposing to remove four of the trees. 1. SITE DESIGN INFORMA nON: Site Data Proposed Required Total Acreage of Site 0.43-acres (18,666-square feet) 0.05-acres (2,000-square feet) Percentage of Site Devoted to 26% 50% (maximum) Building Coverage Percentage of Site Devoted to 23% 10% (minimum) Landscaping Number of Parking Spaces 20-parking spaces 20-parking spaces (minimum) Front Setback 20- feet I5-feet (minimum) Rear Setback 75-feet O-feet (minimum) Side Setback 6-feet (north) O-feet (minimum) Side Setback 33-feet (south) O-feet (minimum) Page 2 of 14 K:\Planning DeptlEagle Applications\Dr1200 1 IDR-66-0 1 drfdoc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a professional office. Height and Number of Stories of Proposed Buildings: 24-feet high, one story. Gross Floor Area of Proposed Buildings: 4,872-square feet On and Off-Site Circulation: A 9,395-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 26-foot wide driveway is proposed to be located on the west side of this site approximately 5 Yz -feet north of the south property line providing access to Academy Avenue. K. BUILDING DESIGN FEATURES: Roof: Black Architectural Shingles Walls: Brown CMU Block WindowslDoors: White Vinyl! Anodized Aluminum Store Fronts Facia/Trim: Brown Stucco/ Metal Facia 1. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are seven existing trees on this site. The applicant is proposing to remove four of the trees. Tree Replacement Calculations: The applicant is proposing to remove a 12-inch caliper Silver Maple (mostly dead), a lO-inch caliper ash tree (has sever trunk rot and has been topped), a 12-inch caliper Siberian Elm tree, and a clump of Siberian Elms which is approximately 8-inches of tree caliper (see attached arborist report). Per Eagle City Code, the applicant is required to provide an additional 63-inches of tree replacement caliper on-site for removing the three trees and one clump of Siberian Elm trees. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant has proposed one street tree near the northwest comer of the site located approximately 8-feet east of the back of sidewalk. Per the approval of Casa Escuela Subdivision, street trees are to be located a maximum of 5-feet from the back of sidewalk and spaced a maximum of 35-feet on center. A total of three street trees should be located on this site within 5- feet of the back of sidewalk abutting Academy Avenue. 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. b. Interior Landscaping: 5% interior landscaping is required. 1 % is proposed. M. TRASH ENCLOSURES: The design review application and the site plan call out different sized trash enclosures with different material proposed for the gates. A detail of the trash enclosure showing the correct size and materials to be used is required to be submitted. Per Eagle City Code, trash enclosures are required to be screened from view with a five foot wide by six foot high landscape buffer. The south side of the trash enclosure does not have a five foot wide by six foot high landscape buffer proposed. A revised landscape plan showing Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\200 I IDR-66-01 drfdoc N. the five foot wide by six foot high landscape buffer on the south side of the trash enclosure is required. O. OUTDOOR LIGHTING: Three 20-foot high light pole standards have been proposed within the parking lot of this site. The style of light fixture to be used has not been specified on the plans. A parking lot lighting plan showing the type oflighting (i.e. low pressure sodium or high pressure sodium) and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. P. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, and the 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. PUBLIC USES PROPOSED: None Q. R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists SPECIAL ON-SITE FEATURES: S. 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 - 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 Eagle Fire Department Eagle Sewer District New Union Ditch Company United Water Company Page 4 of 14 K:\Planning DeptlEagle ApplicationslDrl2001 \DR-66-0 1 drfdoc V. LETTERS FROM THE PUBLIC: A letter from Jerry Stallsmith (Certified Arborist), dated September 25,2000. STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. B. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A- 7(A) Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale (no smaller than 1" = 30') and shall indicate the following: 1. Boundaries, property lines, and dimensions. 2. Existing trees and vegetation identified by species and size. 3. The location and design of areas to be landscaped. 4. The location and labels for all proposed plants. 5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. 6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas. 7. Planting and installation details as necessary to ensure conformance with all required standards. . Section 8-2A- 7(C)(l) 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 cal. 2x cal. of tree removed 6 1/4 inches to 12 inches 1.5x cal. of tree removed 12 1/4 inches or more Ix cal. of tree removed In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. . 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 ofthis Section. . Section 8-2A-7(E)(4) Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr12001\DR-66-01 drf.doc . The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and burlapped. 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)(3)(a) . All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and groundcover in which evergreen plant materials comprise a minimum of sixty percent (60%) of the total plant material used. 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(K)(3)(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. Section 8-2A- 7(K)( 4)(a) Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount oflandscaping is based on a sliding scale, as follows: Total Number Of Spaces 10--20 21-50 51 + Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 5 percent 8 percent 10 percent . Section 8-2A- 7(K)(4)(b)(1) No interior planter shall be less than five feet (5') in any dimension. . Section 8-2A-7(K)(4)(b)(4) Deciduous shade trees and groundcovers 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'). . Section 8-2A-7(K)(4)(b)(5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, groundcover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, groundcover, or grass. . Section 8-4-4-2(A)(5)(d) Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially Page 6 of 14 K:\Planning DeptlEagle ApplicationslDrl200 IIDR-66-O 1 drfdoc c. . zoned parcel of land or parcel of land used for residential purposes. Section 8-4-4-2(F) COMP ACT VEHICLES Parking angle Width of parking space Curb length per space Length of parking space (measurement to be perpendicular from the curb or front of space if no curb is provided) Width of driveway aisle 45° 69° 90° Parallel 8 feet 8 feet 8 feet 8 feet 11 feet 9 feet 8 feet 19 feet 11 feet 14 feet 15 feet 19 feet 12 feet 15 feet 22 feet 12 feet . Section 8-4-4-2(H) Reduction For Planter Overhangs: When a parking space abuts a landscape planter, the front two feet (2') of the required length for a parking space may overhang the planter. DISCUSSION: . Per Eagle City Code, landscape plans are required to show existing trees and vegetation identified by species and size. A plant list with the botanical and common name, quantity, and spacing and size of all proposed landscape material is required. Per Eagle City Code, all deciduous trees are required to be a minimum of 3-inches in caliper. The applicant should be required to provide a revised landscape showing existing trees and vegetation and a plant list with the botanical and common name, quantity and spacing and size of all proposed landscape material. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. There are seven existing trees on-site. The applicant is proposing to remove four of the seven trees. One 12-inch caliper Silver Maple (mostly dead), a lO-inch caliper ash tree (has sever trunk rot and has been topped), a 12-inch caliper Siberian Elm tree, and a clump of Siberian Elms which is approximately 8-inches of tree caliper (see attached arborist report). Per Eagle City Code, the applicant is required to replace 63-inches of tree replacement caliper on-site. The applicant should be required to provide a revised landscape plan showing an additional 63-inches of tree caliper on site. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip line of the trees should be submitted to the City. The construction fencing should be installed prior to issuance of a building permit. Cups or dam should be built within the drip line of each tree in order to retain water and the trees should be water on a regular basis. No activity whatsoever should take place within the drip line of the trees. . . . A 10-foot wide landscape buffer is proposed along the east property line abutting the residences to the east. No evergreen plant material has been proposed within this buffer area. Per Eagle City Code a five foot wide by six foot high landscaped buffer is required in which evergreen plant material comprises a minimum of sixty percent of the total plant material used. The applicant should be required to provide a revised landscape plan showing additional evergreen plant material within the landscape buffer area between the parking lot and the residence to the east. The revised landscape plan should be reviewed and approved Page 7 of 14 K:\Planning DeptlEagle ApplicationslDr\2001\DR-66-01 drf.doc . by the Design Review Board prior to issuance of a building permit. The design review application and the site plan call out different sized trash enclosures with different material proposed for the gates. The applicant should be required to submit a detail of the trash enclosure showing the correct size and materials to be used. Per Eagle City Code trash enclosures are required to be screened from view with a five foot wide by six foot high landscape buffer. The south side of the trash enclosure does not have a five foot wide by six foot high landscape buffer proposed. The applicant should be required to provide a revised landscape plan showing the five foot wide by six foot high landscape buffer on the south side of the trash enclosure. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. A six foot wide landscape buffer is proposed on the north and south property lines of this development. A few trees and shrubs are proposed within the six foot wide landscape buffer. Per Eagle City Code parking lot perimeter landscaping should consist of one shade tree and five shrubs per thirty five linear feet of perimeter. The applicant should be required to provide a revised landscape plan showing one shade tree and five shrubs per thirty five linear feet of perimeter on the north and south property lines. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. There are 20-parking spaces proposed for this professional office building. Less than 1 % of interior landscaping has been proposed within the parking lot. Per Eagle City Code 5% interior landscaping is required within the parking lot. The applicant should be required to provide a revised landscape plan showing a minimum of 5% interior landscaping within the parking lot. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. One interior landscape planter has been proposed within the parking lot. This planter measures 3-feet in width. Per Eagle City Code, no interior planter may be less than five feet in any dimension. The applicant should be required to provide a revised landscape plan showing the interior landscape planter not less than five feet in any dimension. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. . . . . Four Spirea and two Raywood Ash trees are proposed within the 3-foot wide terminal island. Per Eagle City Code, terminal islands are required to be planted with deciduous shade trees and ground covers or low shrubs. The applicant should be required to provide a revised landscape plan showing one shade tree within the terminal island. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. Two light pole fixtures have been proposed on the north and south property lines located approximately 40-feet west of the east property line. Per Eagle City Code, any pole within fifty feet of a residentially zoned parcel of land shall be a maximum of fifteen feet in height. The applicant should be required to reduce the height of the light pole fixtures to a maximum height of fifteen feet. A revised plan showing the overall height of the pole should be reviewed and approved by the Design Review Board prior to issuance of a building permit. Three light pole standards have been proposed within the parking 10t of this site. The style of light fixture to be used has not been specified on the plans. A parking lot lighting plan showing the type oflighting (i.e. low pressure sodium or high pressure sodium) and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of . Page 8 of 14 K:\Planning Dept\Eagle ApplicationsIDr12001IDR-66-01 drfdoc . any building permits. Four compact vehicle parking spaces have been proposed near the northeast comer of the parking lot. The four spaces are 7 Y2-feet wide by 15-feet long. Per Eagle City Code the minimum width of a compact parking space is 8- feet wide. The applicant should be required to provide a revised site plan showing the compact parking spaces a minimum of 8-feet in width. The revised site plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. The parking spaces located abutting the east side of the building are proposed to be 18- feet long. The sidewalk in front ofthose parking spaces is 5-feet wide. Per Eagle City Code, a parking space may be reduced by 2-feet in length when a parking space abuts a landscape planter (the front two feet of the vehicle may overhang the planter). The City has also allowed a 2- foot reduction in length when a parking space abuts a sidewalk as long as a minimum of 5-feet of unobstructed walk way is provided. The applicant should be required to provide a revised site plan showing the parking spaces located on the west side of the parking lot being a minimum of 19-feet in length. The revised site plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. Per the approval of Cas a Escuela Subdivision (PP-3-97 /FP-l 0-97), the applicant is required to provide 3-inch caliper trees along Academy Avenue. The trees are to be planted with a maximum separation of35-feet and planted a maximum of 5-feet from the back of the sidewalk. The applicant is proposing one maple tree near the northwest comer of the site located approximately 7 Y2-feet east of the back of sidewalk. The applicant should be required to provide a revised landscape plan showing street trees with a maximum separation of 35-feet and planted a maximum of 5-feet from the back of the sidewalk. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. . . . Per the approval of the modification to the common area landscaping of Casa Escuela Subdivision (DR-1-97 MOD), the applicant is required to provide an additional three 3-inch caliper trees on site in addition to the required plantings of this development. The landscape plan submitted with this application does not appear to provide the additional three 3-inch caliper trees on site in addition to the required plantings of this development. The applicant should be required to provide a revised landscape plan showing the addition of three 3-inch caliper trees on site. The revised landscape plan should be reviewed and approved by the Design Review Board 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 November 15, 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). Page 9 of 14 K:\Planning DeptlEagle Applications\DrI2001IDR-66-01 drf.doc BOARD DECISION: The Board voted 3 to 0 (Barnes and McCullough absent) to approve DR-66-01 for a design review application to construct a professional office building 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: 2. Provide a revised landscape plan showing a minimum of 5% interior landscaping within the parking lot. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. 3. Provide a parking lot lighting plan showing the light standard, hei~ht. aad type oflighting (i.e. low pressure sodium or high pressure sodium) and wattage. Provide screenin~ on the fixtures located near the east property line to prohibit any errant light throu~h and into the residential property. The lighting plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of any building permits. 4. Submit payment to the City for the arborist fees incurred for reviewing this project prior to issuance of a building permit. 5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 6. Provide details of the proposed fountain and bike rack shown on the site plan. The revised details shall be reviewed and approved by staff prior to issuance of a building permit. 7. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 8. ~ :~lic::"~~~11 ~r~vid; one copy ofthe revised bnildin~ elevations that were prosenled and a~~r:--v_;:- ~ ~ ;:~b r 1 . 2~01. Design Review Board meetin~. The mason.~ veneer shall be c_ntmu u t- _h- - de or pavIn~. No exposed concrete stem walls shall be viSIble once construction of the bui1din~ has been completed, 9. Th: ~ee e;istin~ ;ees identified as Siberian Elms on the existin~ tree protection plan (poted on ~h",e~A) ~hall b- TUned and limbed by a licensed tree sur~eon or certified arborist. The ons ction fen~in; and wat~r dams sh~ll be placed around these trees until finallP'adin~ of the parking lot and the curb is installed. 10. Th~ proposed si,gn is limited to the location shown on the a.p,proved plan date stamped on October 26. 20~ ~.; :e~ari:;p~~ign review application is reQJ.1ired for the a,p.proval of any signs. The location of the "i~ ~h~ll ~- I";sition:d within the interior of the landsca,pe area in the front yard to allow sufficien s re nin and 1 ndscapin~ around the base of the sign as reQ-uired by Ea~le City Code. Page 10 of 14 K:\Planning Dept\Eagle ApplicalionslDrl200 I IDR-66-01 drfdoc ST ANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements ofthe 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 proj ect for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (l) 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 Page 11 of 14 K\Planning Dept\Eagle Applications\DrI2001\DR-66-01 drf.doc 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 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 Page 12 of 14 K\Planning Dept\Eagle Applications\Drl200 I\DR-66-0 1 drf.doc 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 of that 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 ofthe 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 September 6, 2001. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on September 26,2001. 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 September 21, 2001. Requests for agencies' reviews were transmitted on September 7, 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-66-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board Action, and based upon the information provided with the conditions required herein, concludes that Page 13 of 14 K;\Planning Dept\Eagle ApplicationslDrl2001IDR-66-01 drf.doc the proposed design review application is in accordance with the Eagle City Code. The Design Review Board recognizes that requiring 63-inches of tree replacement caliper on a site this small would be impractical because the plantings would be over crowded due to space limitations. The applicant shall be required to replace 25% (16-inches) of the 63-inches of tree replacement caliper on site. The Design Review Board also recognizes the sequence of this application with the current "Draft Tree Ordinance" of the City and does not wish to require this applicant to comply with a pending ordinance. DATED this 13th day of December 2001. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Ida ATTEST: ~ (L v~Q ~ ~ ~ð&K- ..-'Sharon'K. Moore, Eagle City lerk Page 14 of 14 K\PJanning DeptlEagle Applications\Dr\200J\DR-66-0J drfdoc