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Findings - DR - 2002 - DR-34-02 - Construct A Retail Office Building Within Eagle River Development For Grossman Company Properties BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A RETAIL/OFFICE BUILDING WITHIN EAGLE RIVER DEVELOPMENT FOR GROSSMAN COMPANY PROPERTIES ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-34-02 The above-entitled design review application came before the Eagle Design Review Board for their action on June 13, 2002. 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: Grossman Company Properties, represented by BRS Architects, is requesting design review approval to construct a 9,504-square foot retail/office building. The site is located on the south side of Riverside Drive approximately 1j¡-mile east of Eagle Road within Eagle River Development (proposed Lot 6, Block 2, Mixed Use Subdivision No.3). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 9, 2002. 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 May 29,2002. 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 May 24, 2002. Requests for agencies' reviews were transmitted on May 9, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development agreement (including a concept plan) for this site. On April 24, 200 I, the Eagle City Council approved a preliminary plat (PP-14-00) for this site. On May 8, 2001, the Eagle City Council approved a final plat (FP-13-0 1) for this site. On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat (PP/FP-I-O I) for this site. E. COMPANION APPLICATIONS: PP/FP-3-02 (Mixed Use Subdivision No.3) Page 1 of 12 lIEAGLENTIICOMMON\Planning DeptlEagle ApplicationslDr\2002IDR-34-02 drf.doc 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 Vacant development agreement) Proposed No Change No Change Office/Retail Building North of site Commercial C-3-DA (Highway Business East Riverside District with development DriveNacant agreement) South of site Mixed Use MU-DA (Mixed Use with Vacant development agreement) East of site Mixed Use MU-DA (Mixed Use with Vacant development agreement) West of site Mixed Use MU-DA (Mixed Use with Vacant development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are street trees along Riverside Drive that were installed by the developer of Eagle River Development. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.89-acres (3 8,902-square feet) 0.16-acres (7,000-square feet) (minimum) Percentage of Site Devoted to 25% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 35% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 38-parking spaces 38-parking spaces (minimum) Front Setback 20-feet (north) 20-feet (minimum) Rear Setback 68-feet (south) 20-feet (minimum) Side Setback 1 0.5-feet (east) 7.S-feet (minimum) Side Setback 78-feet (west) 7.5-feet (minimum) Page 2 of 12 lIEAGLENTIICOMMON\Planning DeptlEagle ApplicationslDr\2002IDR-34.02 drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as office or retail. Height and Number of Stories of Proposed Buildings: 23-feet high, one story. Gross Floor Area of Proposed Buildings: 9,504-square feet. On and Off-Site Circulation: A 15,730-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 24-foot wide driveway is proposed to be located on the west side of this site approximately 26-feet east of the west property line providing access to Riverside Drive. Cross access between the abutting parcels will provide access to the south, east, and west. K. BUILDING DESIGN FEATURES: Roof: Concrete tile shakes (Weathered Gray) Walls: Stucco (Off-white), Lapped hardboard (Off-white) Windows/Doors: Aluminum storefront (Sage Green) Fascia/Trim: Stucco (Off-white) Columns and Wainscot: Stone L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are six existing street trees abutting this site located along Riverside Drive. The applicant is proposing to retain all but one of the street trees. One street tree, which is located where the proposed driveway is to be constructed, is proposed to be relocated on site. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There are six existing street trees located abutting this site that were installed by the developer of Eagle River Development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping has not been proposed around the perimeter ofthe parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. b. Interior Landscaping: 8% interior landscaping is required. 10% is proposed. M. TRASH ENCLOSURES: One II O-square foot trash enclosure is proposed to be located near the southeast corner of this site. The enclosure is proposed to be constructed of stucco with cedar faced gates. Page 3 of 12 \IEAGLENT I ICOMMON\Planning DeptlEagle ApplicationslDr\2002IDR-34-02 drf.doc N. MECHANICAL UNITS: The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are proposed to be screened with a mansard roof and parapet wall. O. OUTDOOR LIGHTING: Two 18-foot high, ISO-watt high pressure sodium light fixtures are proposed within the parking lot of this site. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. 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 ofthe water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Yes, Boise River Floodplain Note: all floodplain and floodway concerns were addressed by the applicant as a part of the Eagle River Preliminary Plat application, the Mixed Use Subdivision No. I final plat application, and associated floodplain development permit application. Evidence of Erosion - no Fish Habitat - no Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under Areas of Critical Environmental Concern above). Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek-no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An environmental assessment plan was previously submitted to and reviewed by the City Engineer with the preliminary plat (Eagle River Development). A copy of the environmental assessment plan is on file with the City Engineer. Page 4 of 12 \\EAGLENT1\COMMONIPlanning DeptlEagle ApplicationslDr\2002IDR-34-02 drf.doc V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District United Water Company W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-1-2 ROOF-MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof-mounted mechanicals shall be screened from view. . Section 8-2A-6(A)(S)(b) The location and design of transformers, pad-mount and roof-mounted mechanicals and electrical equipment shall be reviewed and approved by the Design Review Board. All roof- mounted mechanicals shall be comÞletelv screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. Screened from view shall mean "not visible" at the same level or elevation ofthe parapet wall (e.g. the perspective generally as shown on an elevation plan). Section 8-2A- 7(A)(6)(g)(3) . Roof-mounted mechanicals all vents protruding through the roof and similar features shall be painted so as to match the color of the roof. 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(E)( 4) The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled and burlapped. Page 5 of 12 IIEAGLENT1ICOMMON\Planning Dept\Eagle ApplicationsIDrI2002IDR-34-02 drf.doc . Section 8-2A- 7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. C. DISCUSSION: . The applicant is proposing to use roof-mounted mechanical units with the construction of this building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely screened from view through the use of a parapet wall or enclosed within the building. The applicant has not shown details (i.e.: height or size) or the location of the mechanical units in relation to the parapet wall or mansard roof. The applicant should be required to provide details of the mechanical units showing height and size and revised building elevations showing the roof-top mechanical units are completely screened by the parapet wall or mansard roof. The applicant should be required to provide a roof plan showing the location of the mechanical units on the roof. The revised building elevations and roof 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 ofthe 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. A cup or a dam should be built within the drip line of each tree in order to retain water and the trees should be watered on a regular basis. No construction activity whatsoever should take place within the drip line of the trees. . . The applicant is proposing to relocate one street tree which is located where the driveway is to be constructed to this site. A plan showing this street tree relocated on site has not been provided with this application. The applicant should be required to provide a revised landscape plan showing where the one street tree is to be relocated on site. The revised landscape plan should be reviewed and approved by staff prior to issuance of a building permit. The applicant has proposed two-inch (2") caliper deciduous trees to be planted on this site. Per Eagle City Code, the minimum acceptable size for deciduous trees is three-inch (3") caliper. The applicant should be required to provide a revised landscape plan showing all deciduous trees being a minimum of three-inch (3") caliper. The revised landscape plan should be reviewed and approved by staff prior to issuance of a building permit. The applicant has not proposed continuous landscaping around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff's opinion that because this site will be integrated with the surrounding properties providing cross access between parcels and because the landscape buffer requirements of Eagle City Code and the design guidelines of Eagle River Development require extensive landscaping to buffer the parking lot from the public right-of-way that the applicant should not be required to provide a perimeter landscape strip on the south, east, and west property lines. However, at a minimum the applicant should be required to complete the two landscape islands that are located on the west side ofthis site with similar plant material, irrigation, and concrete curbing. The same . . Page 6 of 12 I\EAGLENTIICOMMONIPlanning Dept\Eagle ApplicationslDr\2002IDR-34-02 drf.doc . should apply to the landscape island that is located south of the trash enclosure. The applicant should be required to complete the landscape island located south of the trash enclosure and provide similar plant material, irrigation, and concrete curbing. The applicant should be required to provide a revised landscape plan showing the plant material, irrigation system, and concrete curbing within and around the two landscape islands located on the west property line and the one landscape island located south of the trash enclosure. The revised landscape plan should be reviewed and approved by staff prior to issuance of a building permit. The applicant has indicated that an overall master drainage plan is proposed with the completion of Mixed Use Subdivision No.3. As shown on Sheet L-I date stamped by the City on May 9, 2002, the surface drainage from this site is draining towards the south property line. In a phone call to the applicant's representative (Phil Hull with The Land Group) it was expressed to staff that this site is just a component in the overall master drainage plan for Lot 6, 7, 8, and 9, Block 5, Mixed Use Subdivision No.3 and that the drainage from the four surrounding sites would be connected and drain to the pond located abutting Lot 7 and 8, Block 5, Mixed Use Subdivision No.5 and the pond located on the south side of Shore Drive located on the west property line of the Reid Merrill Sr. Community Park. The applicant should be required to provide a complete drainage plan for Lots 6, 7, 8, and 9, Block 5, Mixed Use Subdivision No.3 prior to issuance of a building permit. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. The applicant has indicated that a water feature is proposed to be located on the south side ofthe building near the main entrances to the building. The applicant should be required to provide detailed elevations and note the materials to be used in the construction of the water feature. The detai Is shou ld be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. . . The applicant indicates within the application that the trash enclosure is proposed to be constructed of materials to compliment the building and painted to match the colors of the building. The applicant should be required to provide detailed elevations showing the materials and colors that are to be used in the construction of the trash enclosure. The details 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 May 9, 2002, 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 5 to 0 (Christensen absent) to approve DR-34-02 for a design review application to construct a retail/office building within Eagle River Development with the Page 7 of 12 \\EAGLENT I ICOMMONIPI.nning. Dept\Eagle ApplicationslDr\2002IDR-34-02 drf.doc 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: 1. Provide details of the mechanical units showing the height and size and revised building elevations showing the roof-top mechanical units are completely screened by the parapet wall or mansard roof. The applicant shall be required to provide a roof plan showing the location of the mechanical units on the roof. The details and revised building elevations and roof plan shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. 2. A plan showing construction fencing around the existing trees (a minimum of I O-feet from the trunk of the tree or at the drip line ofthe tree whichever is closest) to prevent any damage within the drip line of the trees shall be submitted to the City. The construction fencing shall be installed prior to issuance of a building permit. No construction activity whatsoever shall take place within the drip line of the trees. 3. Provide a revised landscape plan showing where the one street tree is to be relocated on site. The revised landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. 4. Provide a revised landscape plan showing all deciduous trees being a minimum of three-inch (3") caliper. The revised landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. 5. Provide a revised landscape plan showing the proposed development of Complete the two landscape islands that are located on the west side of this site indicating a logical line of completion as discussed (at the western end of the parking stall or completing the landscape island) aRd tHe lanøseape island that is located soHth of the trash enelosHre. Provide a revised laFldsea¡3e plaR shoviiFlg the plaHt material, irrigatioH system, aFld concrete curbing withiR aFld aroHREI the t'NO lanc.:!scape islands located OR the west property liRe aRc.:! the onE! lal'ldseapE! islaRc.:!loeateei søHth øftHe trash eFiclosHre. 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. 6. Provide a complete drainage plan of Lot 6, 7, 8, and 9, Block 5, Mixed Use Subdivision No.3 prior to issuance of a building permit. 7. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 8. Provide detailed elevations and note the materials to be used in the construction of the water feature located on the south side of the building. The details shall be reviewed and approved by staffæui eRe l'fIeI'Hber of the DE!sign Revie'.\' Board prior to issuance of a building permit. 9. Provide detailed elevations showing the materials and colors that are to be used in the construction of the trash enclosure. The details shall be reviewed and approved by staff prior to issuance of a building permit. 10. No signs are proposed with this application. A separate design review application is required for the approval of any signs. . 11. The roof drainage shall be of a chain drop system as indicated bv the applicant. 12. Provide revised landscape plan showing limit of work to be increased on the east property line to include the drive aisle and on the south propertv line to include the next full parking space. The area to be completed shall show curb, gutter, landscaping, and irrigation improvements to be reviewed Page 8 of 12 I\EAGLENTlICOMMONIPlanning Dept\Eagle ApplicationslDr\2002IDR-34-02 drf.doc and approved bv staff and one member of the Design Review Board prior to issuance of a building perm it. 13. The applicant shall submit a different parking lot light fixture that is similar in design to what was proposed. Provide a revised parking lot light fixture detail to be reviewed and approved by staff prior to issuance of a building permit. 14. Provide revised building elevations showing the screen walls to conceal the ground mounted mechanical units on the east and west building elevations. The revised building elevations shall be reviewed and approved by staff 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 ofthe 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 fì'om the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an Page 9 of 12 IIEAGLENT1ICOMMONIPI"",¡,,£ DcptlEagle ApplicationslDr\2002IDR-34-O2 drf.doc 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 ill 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. 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 I ight 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. Page 10 of 12 IIEAGLENTIICOMMONIPlanning DeptlEagle ApplicationslDrI2002IDR-34-02 drf.doc 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 ofthe Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Cel1ificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval ofthe 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 Ce11ificate 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 modification ofthe 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 ofthis project. 23. Any change by the applicant in the planned use of the property which is the subject ofthis 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 challge 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). 25. 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. 26. 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 Page 11 of 12 \\EAGLENTIICOMMONII'lann;ng DeptlEagle ApplicationslDr\2002IDR-34-02 drf.doc 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 May 9, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on May 29, 2002. 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 May 24, 2002. Requests for agencies' reviews were transmitted on May 9,2002 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-34-02) 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. DATED this 11th day of July 2002. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Coun , ", """"" ~."" OF B ""~ ~.. ~1.--. "'Oi ~~ "" v',- co 1 '-,;" <, " ! I o...'OR...)o....~ \ ::Cì .t>\ i 5 * I -.- * ! : \~ S EAL;::~ : . . (\, ,o.F: -:, f.P. ..0 ~ . 0 -- ~ .;-. ..'fÞORA~". A' .: to"... ~ l' ........ ~,.. ......- #"" 'lJ OF \~ "........" "",.........", ATTEST: Page 12 of 12 I\EAGLENTIICOMMONIl'lanlling Dept\Eagle ApplicationslDr\2002IDR-34-02 drf.doc