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Findings - DR - 2002 - DR-73-02 - Construct Two Story Multi Tenant Professional Office Building Rocky Mountain Business Park BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A TWO STORY MUL TI- TENANT PROFESSIONAL OFFICE BUILDING WITHIN ROCKY MOUNTAIN BUSINESS PARK FOR FALASH PROPERTIES ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR- 73-02 The above-entitled design review application came before the Eagle Design Review Board for their action on December 12,2002. 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: Falash Properties, represented by Mike Falash, is requesting design review approval to construct a 14,6l6-square foot two story multi-tenant professional office building. The site is located on the southeast corner of State Street and Plaza Drive within the Rocky Mountain Business Park at 1119 East Plaza Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 7, 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 November 26, 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 November 22, 2002. Requests for agencies' reviews were transmitted on November 8, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None Page 1 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-73-02 drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA nON Existing Mixed Use MU (Mixed Use) Vacant Proposed No Change No Change Multi- Tenant Office Building North of site Commercial C-2 (General Business VacantlProposed Trolley District) Square South of site Mixed Use MU (Mixed Use) Vacant East of site Mixed Use MU (Mixed Use) Ranch Building West of site Mixed Use MU (Mixed Use) Plaza Drive/ Junk Yard G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is curb, gutter, and a meandering sidewalk abutting this site along State Street and Plaza Drive. There are six existing trees between this site and State Street and there are two existing trees abutting this site along Plaza Drive that the applicant is proposing to retain. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.97-acres (41 ,516-square feet) 0.16-acres (7,000-square feet) (minimum) Percentage of Site Devoted to 17% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 40% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 63-parking spaces 57-parking spaces (minimum) Front Setback 64-feet (north) 20-feet (minimum) Rear Setback 20-feet (south) 20-feet (minimum) Side Setback 72-feet (west) 20-feet (minimum) Side Setback 21-feet (east) 7.S-feet (minimum) Page 2 of 13 K:IPlanning DeptlEagle ApplicationslDrl2002lDR- 73-02 drfdoc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a multi-tenant professional office building. Height and Number of Stories of Proposed Buildings: Thirty five feet (35') in height, two (2) stories. Gross Floor Area of Proposed Buildings: First floor = 7,223-square feet Second floor = 6938-square feet Total = 14,161-square feet On and Off-Site Circulation: A 17,934-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 20-foot wide shared access driveway is proposed to be located on the west side of this site approximately 193-feet south of State Street. This driveway is proposed to be constructed on the south property line of this site and shared with the property to the south providing access to Plaza Drive. A 29-foot wide driveway is proposed to be located on the east side of this site approximately 60-feet south of State Street. This driveway provides access to the drive aisle located on the adjacent property (The Ranch Building) which ultimately provides access to State Street. K. BUILDING DESIGN FEATURES: Roof: Fiberglass Architectural Shingles (Dark Brown with Gold Flakes) Walls: Cultured Stone (Brown/Tan) and Stucco/EFIS (Brown/Tan) WindowslDoors: (Tan) Fascia/Trim: Metal Fascia and Soffit (Dark Brown) 1. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are eight existing trees abutting this site on State Street and Plaza Drive that the applicant is proposing to retain on site. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees along State Street and Plaza Drive were installed by the developer of the Rocky Mountain Business Park. The two (2) existing street trees on Plaza Drive are spaced eighty feet (80') on center. The applicant is proposing to install two (2) additional trees on Plaza Drive to provide twenty five feet (25') to thirty five feet (35') of space between the street trees. 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. Page 3 of 13 KIPlanmng Dept\Eagle ApplicauonsIDr\2002IDR- 73-02 drfdoc b. Interior Landscaping: 10% interior landscaping is required. 8% is proposed. M. TRASH ENCLOSURES: One I 76-square foot trash enclosure is proposed to be located on the east side of the building site approximately 70-feet south of the driveway on the east property line providing access to State Street. The enclosure is proposed to be constructed of chainlink fencing with slats. N. MECHANICAL UNITS: The applicant is proposing to use roof-top mechanical units. The rooftop mechanical units are proposed to be screened with the mansard roof. No ground mounted mechanical units are proposed with this application. O. OUTDOOR LIGHTING: No site or building lighting has been proposed with this application, however, the applicant has indicated that soffit lighting may be used on the building. A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: The applicant has shown the general location for a monument sign to be located on this site. However, 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 - no Riparian Vegetation - no Steep Slopes - no Stream/Creek-no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Page 4 of 13 K\Planning DeptlEagle Applications\Dr\2002\DR- 73-02 drf.doc 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 Central District Health Department of Environmental Quality 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 8-2A-6(A)(5)(a) Electrical and telephone service systems shall be installed underground; . 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 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(J)(2)(c) . To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. Section 8-2A-7(J)(3)(d) . Chainlink fencing, with slats or otherwise, is prohibited for screening. Section 8-2A- 7(K)(2)(a) Page 5 of 13 K:\Planning DeptlEagle ApplicationsIDrI2002IDR-73-02 drfdoc . Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. Section 8-2A- 7(K)(3 )(a) . Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. Section 8-2A-7(K)(4)(a) Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount oflandscaping is based on a sliding scale, as follows: Total Number Of Spaces 10-20 21-50 51 + Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 5 percent 8 percent 10 percent . Section 8-3-2(D) Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided. . Section 8-4-4-2(A)(1) All parking areas shall be illuminated in accordance with the provisions of this chapter. C. DISCUSSION: . The applicant is proposing to use roof-top mechanical units with the construction of this building. The roof-top mechanical units are proposed to be recessed in a flat roof well and completely screened by the surrounding mansard roof. The applicant has indicated within the application that the height of the mechanical units are to be a maximum of five feet (5') in height and that a total of eight (8) mechanical units are to be used. Per Eagle City Code, all roof-top 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) of the mechanical units in relation to the roof. The applicant should be required to provide detailed cut sheets of the mechanical units showing height and size and revised building elevations showing the roof-top mechanical units are completely screened by the 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 the City accepting a building permit for this site. The applicant has indicated within the application that the trash enclosure is proposed to be constructed of chainlink fence with vinyl slats. Per Eagle City Code, chain link fencing with slats is prohibited for screening. The applicant should be required to provide a revised elevation plan . Page 6 of 13 KIPlanning DeptlEagle ApplicationsIDr\2002\DR-73-02 drfdoc . showing the construction materials to be used in the construction of the trash enclosure and gates. The materials to be used in the construction of the trash enclosure should complement the materials used in the construction of the building. The revised elevation plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. On the south side of the trash enclosure a two foot (2') wide landscape strip has been proposed by the applicant. Per Eagle City Code, to conceal outdoor storage areas a five foot (5') wide by six foot (6') high landscape buffer is required. The applicant should be required to provide a revised landscape plan showing a five foot (5') wide (minimum) by six foot (6') high landscape buffer around the trash enclosure. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. There is an existing gas regulation station located on this site's west property line on Plaza Drive. The gas regulation station has been constructed of chainlink fence with slats. Per Eagle City Code, chain link with slats is prohibited. The applicant should be required to work with the gas company to provide screening of the gas regulation station with materials that are compatible with the office building or plant 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 materials used to screen the equipment or provide a revised landscape plan showing the plant material 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 accepting a building permit for this site. . The landscape plan, (sheet L-I) date stamped by the City on November 7, 2002, shows a landscape strip between the right-of-way and the parking lot. The landscape strip is proposed to be planted with approximately six (6) to seven (7) shrubs per thirty five (35) linear feet of frontage. Per Eagle City Code, a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage are required. The applicant should be required to provide a revised landscape plan showing the landscape strip between the parking lot and the right-of-way planted with ten (10) shrubs per thirty five (35) linear feet of frontage. The revised landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. . There are four (4) compact parking spaces proposed to be located abutting the east property line of this site. Currently, there are three (3) existing trees located on the adjacent property that are proposed to be retained. There is approximately six feet (6') between the parking lot and this site's east property line. Per Eagle City Code a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot, and planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. The applicant should be required to provide a revised landscape plan showing a minimum of five (5) shrubs per thirty five (35) linear feet of perimeter between the parking lot and the east property line (abutting the four (4) compact parking spaces). The revised landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. The landscape plan, (sheet L-1) date stamped by the City on November 7, 2002, shows approximately eight percent (8%) interior landscaping within the parking lot. There are sixty three (63) parking spaces proposed on this site. Per Eagle City Code, a parking lot with fifty one (51) or more parking spaces requires a minimum often percent (10%) interior landscaping within the parking lot. The applicant should be required to provide a revised landscape plan showing a minimum often percent (10%) interior landscaping within the parking lot. The . Page 7 of 13 K:\Planning DeptlEagle ApplicationslDrl2002lDR- 73-02 drfdoc . revised landscape plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. No site or building lighting has been proposed with this application. The applicant has indicated that there are several historic light fixtures surrounding this site and that soffit lighting is to be used on the building. Per Eagle City Code, all parking areas are required to be illuminated. The applicant should be required to provide a revised site plan showing the location of light standards on this site. Detailed cut sheets showing the wattage, type of luminare and light distribution should be provided. The revised site plan and cut sheets should be reviewed and approved by staff prior to the City accepting a building permit for this site. The applicant is proposing this building to be a multi-tenant professional office building. Per Eagle City Code, a developer who retains control over a multi-tenant building is required to submit a master sign plan to the Design Review Board for approval. The applicant should be required to provide a design review sign application addressing the master sign plan criteria for this building. The master sign plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit for this site. . . Staff defers comment regarding building design and colors to the Design Review Board. ST AFF 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 December 12, 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 3 to 0 (Barnes, Floegel, McCullough, and Stanger absent) to approve DR- 73-02 for a design review application to construct a multi-tenant professional office building with the following staff recommended site specific conditions of approval and standard conditions of approval with shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide detailed cut sheets of the mechanical units showing height and size and revised building elevations showing the roof-top mechanical units are completely screened by the mansard roof from all elevations. The applicant shall be required to provide a roof plan showing the location of the mechanical units on the roof. The revised building elevations and roof plan shall be reviewed and approved by the Design Review staff prior to the City accepting a building permit for this site. 2. Provide a revised elevation plan showing the construction materials to be used in the construction of the trash enclosure and gates. The materials to be used in the construction of the trash enclosure shall complement the materials used in the construction of the building. The revised elevation plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. Page 8 of 13 K:\Planning DeptlEagle ApplicationslDrl2002lDR- 73-02 drfdoc 3. Provide a revised landscape plan showing a five foot (5') wide (minimum) by six foot (6') high landscape buffer around the trash enclosure. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. 4. Work with the gas company to provide screening of the gas regulation station with materials that are compatible with the office building ill: plant 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 materials used to screen the equipment or provide a revised landscape plan showing the plant material 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 accepting a building permit for this site. 5. Provide a revised landscape plan showing the landscape strip between the parking lot and the right- of-way planted with ten (10) shrubs per thirty five (35) linear feet of frontage. The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 6. Provide a revised landscape plan showing a minimum of five (5) shrubs per thirty five (35) linear feet of perimeter between the parking lot and the east property line (abutting the four (4) compact parking spaces). The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 7. Provide a revised landscape plan showing a minimum often percent (10%) 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. 8. Provide a revised site and buildinji elevation plan~ showing the location of light standards on this site and building. Detailed cut sheets showing the wattage, type of luminare and light distribution should be provided. The revised site and building elevation plan~ and cut sheets shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 9. All electrical and telephone service lines shall be installed underground. The utility poles and overhead power and phone lines located along State Street shall be removed and installed underground prior to issuance of a certificate of occupancy for this building. 10. Provide detailed cut sheets of the benches to be used within the courtyard entry area on the north side of the building. The benches and location shall be reviewed and approved by staff prior to issuance of a building permit. 11. Provide a bicycle rack near the entrance to this building. The detailed cut sheet of the bicycle rack showing the type, style, size and color shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 12. Submit a master sign plan design review sign application for this building for review and approval by the Design Review Board prior to the issuing a building permit for this site. 13. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 14. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 15. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. Page 9 of 13 K:\Planning DeptlEagle ApplicationsIDr\2002\DR- 73-02 drfdoc 16. Provide a recorded cross access agreement between this property and the properties to the east and west. The recorded cross access agreement shall be reviewed and approved by staff and the City En2ineer prior to the City acceptin~ a building permit for this site. 17. Provide a revised landscape plan prepared by an individual knowled2eable in the field of landscape architecture or landscape design. The revised landscape plan shall be in compliance with Eallle City Code and all site specific conditions of approval noted herein. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City acceptinll a building permit for this site. 18. Provide greater building detail showing horizontal relief on the west elevation of the buildin~ (Plaza Drive). The revised elevation plan shall be reviewed and ap,proved by staff and one member of the Design Review Board prior to the City acceptin~ a building permit for this site. 19. Provide a revised site and landscape plan showing a minimum of 24-feet of distance between the trash enclosure and the parking space located to the west of the trash enclosure. The revised site plan shall identifY the compact parking spaces and the appropriate number of handicap parkinll spaces. The revised site and landscape plans 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 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 Page 10 of 13 K:IPlanning DeptlEagle ApplicationsIDrI2002\DR- 73-02 drf.doc 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 (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity ofthe 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. II. 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 Page 11 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002\DR- 73-02 drf.doc 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 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 Page 12 of 13 K:\Planmng DeptlEagle Applications\Dr\2002\DR- 73-02 drfdoc 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 November 7,2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on November 26, 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 November 22, 2002. Requests for agencies' reviews were transmitted on November 8,2002 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- 73-02) 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 9th day of January 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ~'~""""'" ~~~~~ ~ BAG{ #rrr.. ~~".1 0 ..,..... -Ii' ##.. ,:; """Þ'" .. #.. /t::.. ðOtlA:'5>... '- . ü' ~~ '. -tc .. E:o \: : : c; .' -: : . . ' 1. I-. . :-tc\ c~þo..)..-'!?::O: .. .".J P "fJ: "'" :: ~ ..1--(' ""~. """.. ~ ...OR,po?,1!-... 'r" ~ "## ú"l' ......~.. ,\'V ......'" ##### -1 TE A\' "......", ""'U"'..." -1 D.. Ú--\ ~, ----1(, ~ ~ SharOlfK. Moore, Eagle City C erk Page 13 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002\DR- 73-02 drfdoc