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Findings - DR - 2002 - DR-65-02 - Construct Office Building Within Casa Escuela Subdivision At 316 S Academy Ave BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT AN OFFICE BUILDING WITHIN CASA ESCUELA SUBDIVISION FOR RODDY AND GLENDA EVANS ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-65-02 The above-entitled design review application came before the Eagle Design Review Board for their action on November 14,2002. 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: Roddy and Glenda Evans, represented by Patrick McKeegan with Patrick McKeegan Architects, are requesting design review approval to construct a 4,159-square foot office building within Casa Escuela Subdivision. The site is located on the east side of South Academy Avenue at 316 South Academy Avenue (Lot I, Block I, Casa Escuela Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 10,2002. 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 October 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 October 25,2002. Requests for agencies' reviews were transmitted on October 16, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 10, 1998, the Eagle City Council approved the combined preliminary and final plat for Casa Escuela Subdivision (PP-3-97/FP-10-97). On October 24, 2000, the Eagle City Council approved a modification to the Common area landscaping for Casa Escuela Subdivision (DR-1-97 MOD). E. COMPANION APPLICATIONS: None Page 1 of 14 K:\Planning DeptlEagle Applications\Dr\2002IDR-65-02 drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-1 (Neighborhood Business Vacant District) Proposed No Change No Change Office Building North of site Commercial C-1 (Neighborhood Business Office Building District) South of site Commercial C-2 (General Business Vacant District) East of site Residential Four R-4 (Residential) Empire Estates (Residential) West of site Commercial C-1 (Neighborhood Business Academy A ve./Common District) Lot G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are four existing trees on this site that the applicant is proposing to retain on-site. 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 18,91 I-square feet (0.43-acres) 2,000-square feet (0.05-acres) (minimum) Percentage of Site Devoted to 22% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 32% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 17-parking spaces 17-parking spaces (minimum) Front Setback 2 I-feet (west) 15-feet (minimum) Rear Setback 77-feet (east) O-feet Side Setback 18-feet (south) 10-feet (minimum) Side Setback 36-feet (north) O-feet Page 2 of 14 K:\Planning DeptlEagle Applications\Dr\2002\DR-65-02 drfdoc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a professional office building. Height and Number of Stories of Proposed Buildings: 20-feet, one story. Gross Floor Area of Proposed Buildings: 4, 159-square feet. On and Off-Site Circulation: An 8,606-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 50-feet north of the northeast corner of Academy Avenue and State Street providing access to Academy Avenue. K. BUILDING DESIGN FEATURES: Roof: Fiberglass Shingle (Brown/Tan) Walls: Brick (RedlBrown), EIFS (Tan with Burgundy), Vinyl (Tan) WindowslDoors: Aluminum and Vinyl (Bronze) Fascia/Trim: EIFS/vinyl (Tan and Burgundy) 1. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are four existing trees on this site that the applicant is proposing to protect and retain on-site. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant has proposed four (4) trees along Academy Avenue and State Street. 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 of35-feet on center. 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. 3% is proposed. M. TRASH ENCLOSURES: One 60-square foot trash enclosure is proposed to be located near the southeast corner of the site approximately 190-feet southeast of the driveway on Academy Avenue. The enclosure is proposed to be constructed of split face CMU to match the colors of the building. The gates are proposed to be constructed of metal painted to match the color of the building. Page 3 of 14 K:\Planning DeptlEagle Applications\Dr\2002IDR-65-02 drfdoc 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 recessed lights within the soffit of the building. One 250-watt high pressure sodium shoebox type light fixture has been proposed to illuminate the parking lot. The applicant is proposing to locate the parking lot light on a 12-foot high pole with a 2-foot high concrete base on the east side of the property within the 10-foot wide landscape buffer, approximately 55-feet south of the north property line. P. SIGN AGE: 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 of the 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 - 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 - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required 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 Page 4 of 14 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-65-02 drf.doc Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District 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 Commercial. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-6(A)(5)(a) 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)(f)(3) Flat roofs may be acceptable but the surface should be covered with gravel or other nonreflective material. . Section 8-2A-6(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 C1 ofthis section. . 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 of landscaping is based on a sliding scale, as follows: Total Number Of Spaces 10-20 Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 5 percent Page 5 of 14 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-65-02 drf.doc . Section 8-2A-7(M)(1) In all required applications one street tree, selected from the approved tree list in subsection Q ofthis section, shall be planted per thirty five (35) linear feet of right of way frontage. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. . Section 8-3-6 The city has a substantial investment in the street improvements constructed along State Street between Ballantyne and Edgewood Lanes and along Eagle Road between the Highway 55 bypass and Ranch Drive as part of the Eagle downtown revitalization project. It is essential to the public health, safety and welfare that any new construction along the designated portions of those streets comply with the following standards. In addition, State Street and Eagle Road are state highways and are subject to the jurisdiction both of the Idaho department of transportation, hereafter defined as "Department", and the Ada County highway district, hereafter defined as "District". Applications for any building permit for construction adjacent to the above designated portions of State Street and Eagle Road shall comply with the following requirements: A. Street Cuts: No utility cuts into the pavement of State Street or Eagle Road will be permitted without a permit from the department, or district, whichever is applicable. B. Curb, Gutter And Sidewalks: Construction of standard six inch (6") vertical curb and gutter, and five foot (5') sidewalks meeting the department, or district standards, whichever is applicable, shall be constructed. C. Plans: Plans for curb, gutter, sidewalk and pavement match design must be submitted to and approved by the department, or district, whichever is applicable, for compliance with standards. D. Streetlights And Trees: Applicants who propose development adjacent to State Street between Cobblestone Lane to Stierman Way, and adjacent to Eagle Road between Aikens and Idaho Streets shall be required to install streetlights and trees approved by the city. City approval shall include installation, location and spacing of streetlights and trees determined by the city. Light poles and bases installed by the city during the 1993 Eagle downtown revitalization project in accordance with specifications and drawings for streetlight and trees are on file at city hall. Trees must be installed in tree wells. Power to the streetlights and irrigation water for the trees must be provided by the applicant. Tree types must be from an approved list provided by the city. . Section 8-4-4-2(A)( I) All parking areas shall be illuminated in accordance with the provisions of this chapter. . Section 8-4-4-2(A)(2) Any lights used to illuminate a site shall be arranged to reflect the light away from the adjoining property. . Section 8-4-4-2(A)(3) Except as noted in subsection A4 of this section, all site lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, Page 6 of 14 K:\Planning DeptlEagle ApplicationslDr\2002IDR-65-02 drfdoc or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. C. DISCUSSION: . The applicant has proposed approximately three percent (3%) interior landscaping within the parking lot of this site. Per Eagle City Code, parking lots with ten to twenty parking spaces are required to have a minimum of five percent (5%) interior landscaping within the parking lot. The applicant should be required to provide a revised landscape plan showing a minimum of five percent (5%) interior landscaping within the parking lot. The revised landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. The site plan (Sheet S1.0 date stamped by the City on October 10,2002) shows a five foot (5') wide detached meandering sidewalk along State Street. The landscape plan (Sheet LI.O date stamped by the City on October 10,2002) shows a five foot (5') wide attached sidewalk abutting this site along Academy Way and terminating at the northeast corner of State Street and Academy Way. Neither plan shows curb and gutter improvements along State Street. Per Eagle City Code, curb, gutter and sidewalk improvements are required to be installed along the entire frontage of this site abutting State Street. The applicant should be required to provide revised site and landscape plans showing curb, gutter, and a detached meandering five foot (5') wide sidewalk with a ten foot (10') wide landscape strip between the back of curb and the meandering sidewalk abutting this site along State Street. The revised site and landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. Per Eagle City Code, street trees are required to be planted every thirty five feet (35') along State Street. The applicant should be required to provide a revised landscape plan showing street trees planted every thirty five feet (35') along State Street. The street trees should be planted on the north and south sides of the five foot (5') wide meandering sidewalk. The revised landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this application. The applicant is proposing to construct a driveway on Academy Way approximately five feet (5') south of the existing driveway on Academy Way that provides access to the parcel adjacent to the north of this site. The applicant should be required to work with the property owner to the north to obtain a cross access agreement with this site to utilize the existing twenty four foot (24') wide driveway located on the site to the north to eliminate conflicts that may arise with multiple accesses. The cross access agreement should be reviewed and approved by the Zoning Administrator and recorded prior to the City accepting a building permit for this site. If the cross access with the property owner to the north is accepted, the applicant should provide a revised site plan showing the removal of the proposed driveway and the traffic circulation adjusted to access the existing driveway to the north. The revised site and landscape plan should be reviewed and approved by the Design Review Board prior to this application being scheduled for review by the City Council. The applicant is proposing to use a two hundred and fifty (250) watt high pressure sodium shoebox type light fixture mounted on a twelve foot (12') high pole on top ofa two foot (2') high concrete pedestal to illuminate the parking lot. The light fixture is proposed to be located approximately fifty five (55') south of the north property line and approximately three feet (3') west of the east property line. The property to the east of this site is a residence located within Empire Estates Subdivision. Per Eagle City Code, the lamp and lens of these light fixtures are required to be completely screened from view from the property line. Shoebox type light fixtures have been approved within other commercial developments within the City of Eagle, . . . . Page 7 of 14 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-65-02 drf.doc . however, shields have been added to most of these light fixtures to screen the lamp and lens from view. A few light manufactures have a pre-manufacture shield to screen the lamp and lens from view, however, it appears that most light manufactures do not. It is staffs opinion that the location of this light fixture is too close to the residentially zoned property to the east of this site to completely screen the lamp and lens from said property. The applicant should be required to provide a revised site plan showing the light fixture in a different location so that the lamp and lens will not be visible from the residentially zoned property to the east. The revised site plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. If the proposed shoebox type light fixture does not have a pre-manufactured shield available, then a custom made shield to screen the lamp and lens from view is required to be reviewed and approved by the City prior to installation. The southern parking space located on the west side of the parking lot (adjacent to the building) is located next to the curb of the perimeter landscape buffer. It is staffs opinion that this parking space does not provide an adequate backing distance for a vehicle to maneuver out of the space without colliding with the curb. The applicant should be required to provide a revised site and landscape plan showing a hammer head turnaround at the south end of the parking lot to provide adequate space for vehicles to maneuver out of the southern parking space on the west side of the parking lot (adjacent to the building). A five foot (5') wide minimum landscape buffer should be provided between the hammer head and the south property line of this site. The revised site and landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. . 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 14, 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 6 to 0 (Barnes absent) to approve DR-65-02 for a design review application to construct an office with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide a revised landscape plan showing a minimum of five percent (5%) interior landscaping within the parking lot. The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 2. Provide revised site and landscape plans showing curb, gutter, and a detached meandering five foot Page 8 of 14 K:\Planning DeptlEagle Applications\Dr\2002\DR-65-02 drfdoc (5') wide sidewalk with a ten foot (10') wide landscape strip between the back of curb and the meandering sidewalk abutting this site along State Street. The revised site and landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 3. Provide a revised landscape plan showing street trees planted every thirty five feet (35') along State Street. The street trees shall be planted on the north and south sides of the five foot (5') wide meandering sidewalk. The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this application. 4. Work with the property owner to the north to obtain a cross access agreement with this site to utilize the existing twenty four foot (24') wide driveway located on the site to the north to eliminate conflicts that may arise with multiple accesses. The cross access agreement shall be reviewed and approved by the Zoning Administrator and recorded prior to the City accepting a building permit for this site. If the cross access with the property owner to the north is accepted, the applicant shall provide a revised site plan showing the removal of the proposed driveway and the traffic circulation adjusted to access the existing driveway to the north. The revised site and landscape plan shall be reviewed and approved by the Design Review Board prior to this application being scheduled for review by the City Council. 5. Work with the property owner to the north to obtain a cross access agreement with this site to utilize the existing twenty four foot (24') wide driveway located on the site to the north. The cross access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded prior to the City accepting a building permit for this site. A revised site and landscape plan shall be submitted showing the driveway location and how it interacts with the rest of the site layout. proposed on this site removed with an aocess dri'/eway to the north to pro'.'Íde vehioular aooess from .\eademy 'Vay tø this site. The revised site and landscape plan shall be reviewed and approved by the Design Review Board prior to the City acc~pting a building permit for this site. this applieation being scheduled f.of revie\v by the City Cøuneil. 6. Provide a revised site plan showing the light fixture in a different location so that the lamp and lens will not be visible from the residentially zoned property to the east. The revised site plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. If the proposed shoebox type light fixture does not have a pre-manufactured shield available, then a custom made shield to screen the lamp and lens from view is required to be reviewed and approved by the City prior to installation. 7. Provide a revised site and landscape plan showing a hammer head turnaround at the south end of the parking lot to provide adequate space for vehicles to maneuver out of the southern parking space on the west side of the parking lot (adjacent to the building). A five foot (5') wide minimum landscape buffer shall be provided between the hammer head and the south property line of this site. The revised site and landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 8. Provide a license agreement from ACHD approving the landscaping located within the public right- of-way abutting this site prior to the City accepting a building permit for this site. 9. No roof-top mechanical units are proposed with this application and none are approved. 10. All roof vents protruding through the roof (and similar features) shall be painted so as to match the color of the roof. 11. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 12. The applicant shall be required to comply with any applicable conditions placed on this application Page 9 of 14 K:\Planning DeptlEagle Applications\Dr\2002\DR-65-02 drfdoc by the City Engineer. 13. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 14. 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 closer» 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 commencing any site work. A cup or dam shall be built within the drip line of each tree in order to retain water and the trees shall be water on a regular basis. No construction activity whatsoever shall take place within the drip line of the trees. The plan shall identify the hard surface proposed within the drip line and show the base elevation in relation to the Elm tree. 15. Provide a revised site and landscape plan showing the ground mounted mechanical units located on the north or east elevations of the building. The wound mounted mechanical units shall be completely screened from view with landscapin~ or a screen wall. The revised site and landscape plan shall be reviewed and approved by staff prior to the City acceptinli a building permit for this site. 16. Provide ~eater building detail showing the horizontal and vertical relief on all elevations of the buildinli correlatinll with each other. The applicant shall desi~ the building with particular attention to the orientation of the building to the intersection of State Street and Academy Avenue. The revised building elevations shall be reviewed and approved by the Design Review Board prior to the City acceptinli a buildinll permit for this site. 17. Provide a revised landscape plan showing the addition of nine (9) inches of tree caliper on-site per the ap"proval ofDR-1-97 MOD. The additional tree caliper may be met by providinll additional trees on-site. increasing the caliper inch of individual trees. or providinli a monetary value to the City Tree Fund. The revised landscape plan or monetary value shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 18. Provide a revised site plan showinll a City of Eagle historic street lillht located within the ten foot (10') wide landscape strip between the back of curb and the meanderinli five foot (5') wide sidewalk on State Street. The revised site plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 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 Page 10 of 14 K:\Planning DeptlEagle ApplicationslDr\2002IDR-65-02 drfdoc 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 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 from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of Page 11 of 14 K:\Planning DeptlEagle ApplieationsIDr\2002IDR-65-02 drfdoc 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 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 Page 12 of 14 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-65-02 drfdoc 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 priQr 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 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 October 10, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on October 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 October 25, 2002. Requests for agencies' reviews were transmitted on October 16, 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-65-02) 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 12th day of December 2002. 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