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Findings - DR - 2002 - DR-38-02 - Six Office Buildings And Common Area Landscaping Within Cottonwood Creek Subdivision At 2421 N Eagle Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FORA ) DESIGN REVIEW OF SIX OFFICE BUILDINGS) AND COMMON AREA LANDSCAPING WlTIDN ) COTTONWOOD CREEK SUBDIVISION FOR ) COTTONWOOD CREEK LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-38-02 The above-entitled design review application came before the Eagle Design Review Board for their action on July 11, 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: Cottonwood Creek LLC, represented by David Waldron, is requesting design review approval to construct six (6) 5,300-square foot professional office buildings and common area landscaping within Cottonwood Creek Subdivision. The site is located on the west side of Eagle Road approximately 1 50-feet north of Colchester Drive at 2421 North Eagle Road. B. APPLICATION SUBMITIAL: The City of Eagle received the application for this item on June 3, 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 June 24, 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 June 21, 2002. Requests for agencies' reviews were transmitted on June 11, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 9, 2002, the Eagle City Council approved a comprehensive plan amendment from Residential Two to Mixed Use and a rezone with development agreement from A-R to L-O-DA- P for this site. E. COMPANION APPLICATIONS: CU-5-02/PPUD-l-02/PP-2-02 Page 1 of 17 K:\Planning Dept\Eaglc ApplicationslDr\2002IDR-38-02 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use L-O-DA-P (Limited Office Vacant with Development Agreement PUD) Proposed No Change No Change Residen tiall Commerc ial PUD North of site Residential Two (up to A-R (Agricultural- Vacant 2-units per acre max.) Residential) South of site Residential Two (up to R-2-P (Residential PUD) Banbury Meadows 2-units per acre max.) Subdivision East of site Residential Two (up to A-R (Agricultural- Rural residence and 2-units per acre max.) Residential) Agricultural land West ofsite Residential Two (up to R-2-P (Residential PUD) Banbury Meadows 2-units per acre max.) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are numerous trees located throughout the entire site. Page 2 of 17 K:lPlanning DeptlEagJe Applications\Dr\2002IDR-38-02 drf.doc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 13.7-acres (596,772-square feet) 0.05-acres (2,000-square feet) 6-acres (261 ,360-square feet) (office area Percentage of Site Devoted to 12% (approximately) 12% (maximum) (for the Building Coverage commercial area based on the development agreement) Percentage of Site Devoted to 24% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 132-parking spaces 128-parking spaces (minimum) Front Setback 23-feet (south to proposed 20-feet (minimum) east/west road) Rear Setback 70-feet (north) 20-feet (minimum) Side Setback 20-feet (west) 7.5-feet (minimum) Side Setback 30-feet (east - Eagle Road) 20-feet (minimum) Note: The setbacks are measured from the property line to the closest building. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Six office buildings. Height and Number of Stories of Proposed Buildings: 23 'lí-feet high, one story. Gross Floor Area of Proposed Buildings: 5,300-square feet each building. 3l,800-square feet total for all six buildings. On and Off-Site Circulation: A 38,275-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is proposed to be located on the south side of this site approximately 230-feet west of Eagle Road providing access to the new east/west public road proposed to be constructed with this development to serve single family dwellings. K. BUILDING DESIGN FEATURES: Roof: Architectural grade composition shingle Walls: Stucco Windows/Doors: Vinyl Windows, Aluminum Doors Fascia/Trim: Painted Wood Wainscot: Cultured Stone Page 3 of 17 K:\Planning Dept\Eagle Applicarions\Dr\2002IDR-38-02 drf.doc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The applicant is proposing to retain as many of the existing trees as possible. Tree Replacement Calculations: There are two poplar trees (noted as trees 9 and 11 on the site plan and within the arborist report) and two areas of poplar trees (noted as areas 17 and 20 on the site plan and within the arborist report) that the applicant is proposing to have removed. The trees noted as trees 9, 11, 17, and 20 that are proposed to be removed total approximately two hundred and ninety two (292) inches of tree caliper that are required to be replaced on site. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing street trees on the north and south sides of the east/west public road proposed to be constructed with this development. 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: 10% interior landscaping is required. 10% is proposed. M. TRASH ENCLOSURES: Three 120-square foot trash enclosures are proposed to be located within the parking lot of the six office buildings. The enclosures are proposed to be constructed of stucco walls painted to match the buildings with wood gates on metal frames painted to match the walls. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping. O. OUTDOOR LIGHTING: The applicant is proposing to use four (4) historic light fixtures along the east/west road proposed to be constructed with this development. The historic light fixtures are proposed to be 1 50-watt high pressure sodium mounted on a lO-foot high pole (see attached detail sheets). Two (2) bollard light fixtures are proposed within the parking area of the commercial development. The bollard light fixtures are proposed to be 70-watt metal halide mounted in a 3 Y2-foot high bollard (see attached detail sheet). P. SIGNAGE: The applicant has shown a proposed elevation of the monument signs and has indicated on the landscape plan the locations of the monument signs. No sign application was submitted with this application. A separate design review application is required for the approval of any signs. Page 4 of 17 K:\Planning Dept\Eaglc ApplicationslDr\2002IDR-38-02 drf.doc 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 of the water company having jurisdiction will be required prior to issuance of a building pennit. 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 - unknown Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - yes - south slough located on the northern portion of this development Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - yes U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not provided. A portion of the residential section of the site appears to be located within a wetland area. City Engineer review and approval of documentation addressing the preservation of the wetlands is required prior to City approval of the fmal plat. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: 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: Page 5 of 17 K:\Planning DeptlEagle ApplicationslDr\2002IDR-38-02 drf.doc . Section 8-2A-6(A)(5)(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 completely 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 of the parapet wall (e.g. the perspective generally as shown on an elevation plan). . Section 8-2A-6(A)(6)(g)(3) Roof-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)(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 1 inch to 6 inches cal. Replacement 2x cal. of tree removed 1.5x cal. of tree removed 61/4 inches to 12 inches 121/4 inches or more 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(K)(4)(b)(2) No parking space shall be more than sixty feet (60') from an interior landscaped area. . Section 8-4-4-2(A)(7) Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of 320 watts. b. The light fixture shall be no higher than seventeen feet (17'). c. The Design Review Board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of Chapter 2, Article A of this Title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. Page 6 of 17 K:\Planning DeptlEagle ApplicationslDr\2002\DR-38-02 drfdoc . Section 8-4-4-6 One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well-lit area, and shall be designed in accordance with the parking facility criteria ofthe "Bicycle-Pedestrian Design Manual for Ada County" as prepared for the Ada County Highway District with the exception that bicycle racks do not have to be covered unless required by the Design Review Board, or Planning and Zoning Commission or City Council. C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.2 The property is approximately 13.7 acres and shall be pennitted to be developed with the following uses: a. A maximum of 32,000 square feet of Professional, Medical and or Dental Office space (with no one building on the site to exceed 6,000 square feet) on the approximately six (6)-gross acres of the site designated for commercial uses. b. A maximum of fifteen (15) single-family homes on approximately 7.7- gross acres. Building envelopes designating the location of the single-family residences (to ensure construction does not occur within any wetlands area) shall be shown on any preliminary plat and PUD application submitted to the City. 2.3 The exterior of the office buildings shall include design elements and building materials to portray an appearance that is residential in nature. The photographs received at the Planning and Zoning Commission meeting on February 19,2002, and labeled "Office Park Concept" (Exhibit C) as well as the office building elevation presented to the City Council on March 26,2002, (Exhibit D) are incorporated herein and shall be considered a part of the development as a design guideline. 2.4 The Owner shall submit a design review application for the property (as required by Eagle City Code). 2.5 The development shall comply with the Eagle City Code, as it exists in final fonD at the time an application is made and the conditions within this agreement shall be satisfied. 2.6 The commercial portion of the Property shall be constructed with a minimum 20-foot wide buffer area adjacent to the southern boundary of this site. Further, the Council detennined the following Planning and Zoning Commission recommended conditions shall be included as conditions within any application for a planned unit development (PUD) and/or preliminary plat submitted for the site, with underlined text to be added by the Council: 1. If it is detennined that wetlands areas exist on the site, a note on the plat as well as within the CC&R's for any proposed subdivision shall state that all Federal, State and Local regulations governing a designated wetlands area shall be adhered to. Page 7 of 17 K\Planning Dept\Eagle ApplicationsIDr\2002IDR-38-02 drf.doc 2. If it is determined that a pathway is required within the site (as may be indicated on the 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of2 or if required for connectivity to any future pathway), the applicant shall construct said pathway in a location and configuration to be determined at the time ofPUD review for the proposal. 3. All lighting within the commercial portion of the site shall include design elements (to be reviewed and approved by the Design Review Board) to mitigate the effects of light upon neighboring properties and the night sky. 4. A buffer area (to be reviewed and approved by the Design Review Board) shall be constructed between the proposed office complex and the proposed single- family residences to the west. 5. The single-family residential lots proposed for the western portion of the site shall be no less than 10,000 square feet in size. D. DISCUSSION: . The applicant is proposing ground mounted mechanical units to be located on the ends of each of the six (6) buildings. The ground mounted mechanical units are proposed to be screened by landscaping. Per Eagle City Code, all pad-mounted mechanical units are required to be screened fÌ'om view. The ground mounted mechanical units should be required to be screened fÌ'om view with landscaping. Per Eagle City Code, all roof vents protruding through the roof and similar features are required to be painted to match the color of the roof. The applicant should be required to paint all roof vents and similar features protruding through the roof a color to match the color of the roof. There are numerous trees located on this site. Per the arborist report approximately one hundred and eight (108) trees should be retained on site, this does not include any of the trees located along the south slough which is located on the northern portion of this development. Per the arborist report and the site plans (sheets DR-2 and 3 date stamped by the City on June 3, 2002) indicating which trees are to be removed staff has calculated approximately two hundred and ninety two (292) inches of tree caliper are proposed to be removed fÌ'om this site. The applicant is proposing to plant four hundred and fifty three (453) inches of tree caliper on site. That is an additional one hundred and sixty one (161) inches of tree caliper proposed to be planted within this development. It is staff s opinion that the applicant has surpassed Eagle City Code regarding the required tree replacement caliper on this site with the additional one hundred and sixty one (161) inches of tree caliper proposed to be planted within this development. A plan showing construction fencing around the existing trees (a minimum of 10-feet fÌ'om 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 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. A number of parking spaces within the proposed parking lot that are more than sixty feet (60') fÌ'om an interior landscape area. One of these areas is located in fÌ'ont of building 2 (noted on sheet DR-4 dated by the City on June 3, 2002) and two other areas are located in fÌ'ont of building 6 on both sides of the drive aisle. The applicant should be required to provide a revised . . . . Page 8 of 17 K:\Planning DeptlEagle ApplicahonslDr\2002IDR-38-02 drf.doc . landscape plan showing that the parking spaces located in front of building 2 and building 6 (on both sides of the drive aisle) are not more than sixty feet (60') from an interior landscape area. The revised landscape plan should be reviewed and approved by staff prior to issuance of a building permit. The applicant is proposing to use two 70-watt metal halide bollard light fixtures to illuminate the parking area. Per Eagle City Code, metal halide lighting requires Design Review Board approval. The Board must find that metal halide lighting is harmonious with the character of the general vicinity and will not change the essential character of the same area. The street lights within the subdivision are proposed to be high pressure sodium light fixtures. It is staff s opinion that the bollard light fixtures should be a high pressure sodium light to remain consistent with other light proposed within the subdivision. The applicant should be required to provide a revised detail of the bollard light fixture using a high pressure sodium luminarie. The detail should be reviewed and approved by staff prior to issuance of a building permit No utility easements have been shown within the common area landscape buffer. Typically when the gas company installs a gas regulation station they install chainlink fence with slats around the station. Per Eagle City Code, chainlink with slats is prohibited. The developer should be required to work with the gas, electrical and phone companies to provide screening of any proposed gas regulation stations, electrical boxes and phone boxes with landscaping and paint the equipment with a green powder coated paint so as to camouflage the equipment (similar to Island Woods, Two Rivers and Channel Center Subdivisions). The applicant should be required to provide a revised landscape plan showing the plant material to be planted around the equipment and the color used to paint the equipment should be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. The applicant has provided an abundance of pedestrian amenities (i.e.: benches, pathways, and water features) within this development with the exception of providing bicycle parking. The applicant should be required to provide a minimum of one bicycle rack within the commercial area of this development. The bicycle rack details (i.e.: size, color, location) should be reviewed and approved by staff prior to the City Clerk signing the final plat. . . . The City Council has previously required that residential subdivisions provide street trees in a five foot wide (5') parkway strip, located along the roadway and between the back of curb and a five foot wide (5') concrete sidewalk. Chapter 8 of the 2000 Comprehensive Plan encourages the installation of street trees in a planter strip adjacent to all streets to provide a canopy effect over the roadways. The applicant has provided a landscape plan that shows street trees within the residential portion of this development abutting both sides of the interior roadways. The street trees are proposed to be located within the landscape strip between the curb and the sidewalk at each side lot line. Staff defers comment regarding the type of street trees proposed to be planted within this development to the Design Review Board. The applicant has proposed to retain the two sixteen inch (16") caliper poplar trees located in the landscape island within the cul-de-sac of the street. The applicant has indicated that all precautions to save these trees will be taken to protect these trees during construction so as to implement these trees into the landscape island. As noted above in a previous discussion bullet the applicant should be required to provide construction fencing and water to these trees during construction. If the applicant is unable to retain the two sixteen inch (16") caliper poplar trees proposed to be incorporated into the landscape island within the cul-de-sac the applicant should be required to provide a revised landscape plan showing additional trees and shrubs to be planted within the landscape island. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board. . Page 9 of 17 K:lPlanning Dept\Eagle ApplicationslDr\2002IDR-38-02 drf.doc . Per the development agreement approved with this site a maximum of 32,000 square feet of Professional, Medical and or Dental Office space (with no one building on the site to exceed 6,000 square feet) on the approximately six (6)-gross acres of the site designated for commercial uses is permitted. The six (6) buildings proposed with this application are each 5,300-square feet which totals 31 ,800-square feet. The applicant has complied with the comprehensive plan amendment and the development agreement approved with this site. Per the development agreement approved with this site the exterior of the office buildings shall include design elements and building materials to portray an appearance that is residential in nature. The photographs received at the Planning and Zoning Commission meeting on February 19,2002, and labeled "Office Park Concept" (Exhibit C) as well as the office building elevation presented to the City Council on March 26, 2002, (Exhibit D) are incorporated herein and shall be considered a part of the development as a design guideline. Per the development agreement approved with this site the commercial portion of the property shall be constructed with a minimum 20-foot wide buffer area adjacent to the southern boundary of this site. The landscape plan (sheet DR-2 and 3) shows eighty (80) to one hundred and sixty five (165) linear feet of buffer area adjacent to the southern boundary of this site. The applicant has complied with the comprehensive plan amendment and the development agreement approved with this site. Per the comprehensive plan amendment and rezone application approved with this site all lighting within the commercial portion of the site shall include design elements (to be reviewed and approved by the Design Review Board) to mitigate the effects of light upon neighboring properties and the night sky. The applicant has submitted lighting details to be reviewed and approved by the Design Review Board. . . . . Per the comprehensive plan amendment and the rezone application approved with this site a buffer area (to be reviewed and approved by the Design Review Board) shall be constructed between the proposed office complex and the proposed single-family residences to the west. The landscape plan shows a fifteen foot (15') wide landscape buffer and six foot (6') high tan vinyl fence with extensive plant material proposed on the east side of the fence and existing trees to remain on the west side of the fence to be constructed on the west property line between the commercial development and the residential development. Staff defers comment regarding building design and colors to the Design Review Board. . STAFF RECOMMENDATION PROVIDED WITIDN 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 July 11, 2002, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. R 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 10 of 17 K:\Planning DeptlEagle ApplicationslDr\2002IDR-38-02 drf.doc BOARD DECISION: The Board voted 5 to 0 (Christensen absent) to approve DR-38-02 for a design review application to construct six office buildings and the common area landscaping within Cottonwood Creek Subdivision 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: 1. All pad-mounted mechanical units shall be screened from view. The ground mounted mechanical units shall be required to be screened from view with landscaping. 2. All roof vents protruding through the roof and similar features shall be painted to match the color of the roof. The applicant shall be required to paint all roof vents and similar features protruding through the roof a color to match the color of the roof. Roof-mounted mechanical units are prohibited. 3. A plan showing construction fencing around the existing trees (a minimum of lO-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 shall be submitted to the City. The construction fencing shall be installed prior to issuance of a building permit. A cup or a dam shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No construction activity whatsoever shall take place within the drip line of the trees. 4. Provide a revised landscape plan showing the parking spaces located in front of building 2 and building 6 (on both sides of the drive aisle) (noted on sheet DR-4 dated by the City on June 3, 2002) are not more than sixty feet (60') from an interior landscape area. The revised landscape plan submitted at the July II. 2002, Desi~ Review Board meetini showini compliance with this site s¡>ecific condition shall be reviewed and approved by staff prior to issuance of a building permit. 5. The metal halide bollard liiht fixtures proposed within the commercial area are approved. Provide a revised detail of the Bollard light fixture l:lsæg a RigR pressure sodium lumiaarie. The detail sRall Be reviewed aHd approved by staff fl£iør tø issl:laaee of a Bl:lilding permit. 6. Work with the gas, electrical and phone companies to provide screening of any proposed gas regulation stations, electrical boxes and phone boxes with landscaping and paint the equipment with a green powder coated paint so as to camouflage the equipment (similar to Island Woods, Two Rivers and Channel Center Subdivisions). The applicant shall be required to provide a revised landscape plan showing the plant material to be planted around the equipment and the color used to paint the equipment shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 7. Provide a minimum of one bicycle rack within the commercial area of this development. The bicycle rack details (i.e.: size, color, location) shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 8. Provide construction fencini around the two (2) sixteen inch (16") caliper poplar trees proposed to be incox:porated into the landsca,pe island within the cul-de-sac prior to issuance of any buildini permits. If the applicant is unable to retain the two sixteen meh (1 é") ealiper poplar trees proposed to Be iBeeI"flørated into the landsøape island '.vithm the ø\;ll de sae the applicant shall be required to provide a revised landscape plan showing additional trees and shrubs to be planted within the landscape island. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board. 9. Comply with any applicable conditions of approval for CPA-3-01, RZ-14-0l, CU-5-02, PPUD-l-02, Page 11 of 17 K:\Planning DeptlEagle Applications\Dr\2002IDR-38-02 drf.doc and PP-2-02. 10. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 13. The arborist report provided by Jerry Stallsmith, date stamped by the City on May 28.2002. has been reviewed. The followin¡ trees or ¡roups of trees (as shown on Sheets DR-2 and DR-3. date stam,ped by the City on June 3. 2002) shall be removed from this development without replacement com,pensation: Trees # 5.9. 11. 17. and 20. The followini trees or wou,ps of trees (as shown on Sheets DR-2 and DR-3. date stamped by the City on June 3. 2002) shall be saved and relocated on this site: Trees # 6. 7. and 8. The followini trees or woups of trees (as shown on Sheets DR-2 and DR-3. date stamped by the City on June 3. 2002) shall be saved in their current location: Trees # 10. 12. 13. 14, 15. 16. 18. 19.21. and 22. All Russian Olive trees shall be removed from this development with the exce,ption of the Russian Olive trees noted as W°UJ,} # 22. All other trees or woups of trees not noted herein shall be retained on site. 14. Provide a revised landscape plan showini an undulatini berm aloni Ea~le Road a minimum of one foot in hei~ht to a maximum of three feet (3') in hei~ht with vatyini distances measured from the centerline of Ea~le Road. The revised landscape plan shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City Clerk si~ini the final plat. 15. Provide a revised landscape plan showin¡ a smooth landscape and pathway transition to tie into the existini landscapini and pathway located aloni the frontaie of Banbury Meadows Subdivision located to the south of this develo,pment. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk si~ini the final plat. 16. The ap.vlicant has indicated a series ofliihtini types to be used within the commercial area of this development (i.e.: bollards. landscape. and buildini li¡htini). The ap.vlicant shall provide a photometric plan of the commercial area that indicates compliance with Eaile City Code re~ardini liihtin~ parkini lots. The photometric plan shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to issuance of any buildini permits. If it is determined that additionalliiht fixtures are required the liiht fixtures shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City Clerk si~ini the final plat. 17. Provide a revised landscape plan showini a connection (i.e.: sidewalk. plaza areas. steppini stones) between the three (3) office buildin¡:s located on the north side of this development to provide connection between the individual landscape areas. The revised landscape plan shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City Clerk si~in¡: the final plat. 18. Provide a revised landscape plan showin¡: differences (i.e.: plant material. species. type. and color) at the front of each buildini entrance to provide subtle chanie in appearance. The revised landscape plan shall be reviewed and ap.vroved by staff and one member of the Desi~ Review Board prior to the City Clerk si~ini the final plat. 19. Provide subtle chanies to the six (6) office buildin~s architecture with re~ard to material and color selections. It is not the intent to provide individual identities for all buildin¡s but to promote harmony amoni the office buildini desi~ rather than identical color and material pallets in each buildini. The materials and color shall be reviewed and ap.vroved by staff and one member of the Page 12 of 17 K:lPlanning DeptlEagle ApplicationslDr\2002IDR-38-02 drfdoc Desi¡n Review Board prior to issuance of any buildini permits. 20. Provide detailed cut sheets of the proposed historic li~ht fixtures used to illuminate the public street within this develoJ>ment. The historic li~ht fixture shall have a solid finial and shall be dark sky tolerant. The detailed cut sheets shall be reviewed and apJ>roved by staff prior to issuance of any buildini permits. 21. Provide a revised landscape plan identifyini the location and hardscape material to be used at each exterior door on each office buildini. The location and material shall be reviewed and apJ>roved by staff prior to issuance of a buildini permit for each office buildini. 22. The phasini line as identified on Sheet DR-2landscape plan date. stamped by the City on June 3. 2002, is apJ>roved. 23. All rooftoJ> drainaie for the six (6) office buildinis shall be handled throu~h perimeter iutters and chain drops. 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 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. Page 13 of 17 K:\Planning DcptlEagle ApplicationslDr\2002IDR-38-O2 drf.doc All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. 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 trom the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and tree 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 trom 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 Page 14 of 17 K:\Planning Dept\Eagle Applications\Dr\2002IDR-38-02 drf.doc 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 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 modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved øjQr to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. 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). 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened Page 15 of 17 K:\Planning DcptlEagle ApplicationslDr\2002IDR-38-02 drf.doc 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 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 June 3, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on June 24, 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 June 21, 2002. Requests for agencies' reviews were transmitted on June 11, 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-38-02) 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. 4. The Design Review Board supports the selection of the metal halide light fixture because this fixture is an isolated element within the landscaping within the commercial area and has very minimal impact to the overall development. This fixture meets the criteria of Eagle City Code Section 8-4-4- 2(A)(7) for the following reasons: a.) The wattage is less than 320-watts. b.) The fixture does not exceed l7-feet in height. c.) The Design Review Board made the following findings prior to approving the metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of Chapter 2, Article A of this Title. The Board does not anticipate this light creating any disturbing or nuisances to future neighboring uses. (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. The decision to allow the metal halide bollard light fixtures is due to the color correctness of the light with respect to providing safety within the parking area and reducing the possibility of errant light from the commercial development onto the residences to the west and south of this development. 5. The Design Review Board supports the unique design and layout of this development and considers it a great example of blending commercial and residential development with the natural environment that surrounds this site. Page 16 of 17 K:\Planning Dept\Eagle ApplicationslDr\2002IDR-38-02 drf.doc DATED this 8th day of August 2002. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Co ty, Idah James G. Murray, Chairman ATTEST: ----"""""'1. .......- Of E A G ..1 ....... (A ~-" .. .. v ,~.... 'YORAl'~" ~: o<ç- . .v - : -. - .. \~ S£~~$ 0 , ...e'°J? tl";'~.$ iJ~ <1'» ...!.~... :Q~- iJ###" -11'E Ot! ~~ '"",......." Page 17 of 17 K:lPlanning Dept\Eagle AwlicationsIDr\2002IDR-38-02 drfdoc