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Findings - DR - 2003 - DR-03-03 - Construct A 102,446 Sq Ft Home Improvement Store/24,108 Sq Ft Garden Center BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A HOME IMPROVEMENT STORE WITH GARDEN CENTER WITHIN EAGLE TOWNE AND COUNTRY CENTRE FOR EAGLE DEVELOPMENT ASSOCIATES LLC ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-O3-03 The above-entitled design review application came before the Eagle Design Review Board for their action on February 13, 2003. 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: Eagle Development Associates LLC, represented by Blair Warehime with Little and Associates, is requesting design review approval to construct a 102,446-square foot home improvement store with a 24,108-square foot garden center. The site is located within Eagle Towne and Country Centre near the northwest corner of the development, north of State Street between Highway 55 and Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 9, 2003. C. NOTICE OF AGENCIES REVIEW: Requests for agencies' reviews were transmitted on January 16, 2003 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 13, 2001, the Eagle City Council approved a preliminary plat application and conditional use application for Eagle Towne and Country Centre (PP-18-00/CU-18-00). On April 24, 2001, the Eagle City Council approved a design review application for the common area landscaping within Eagle Towne and Country Centre including a building design for WinCo Foods (DR-6-01). On February 12, 2002, the Eagle City Council approved a preliminary plat extension time application for Eagle Towne and Country Centre (PP-18-00) for one year until March 13,2003. On February 26, 2002, the Eagle City Council approved a design review extension of time application for Eagle Towne and Country Centre including the building design for WinCo Foods (DR-6-01) for one year until April 24, 2003. E. COMPANION APPLICATIONS: None Page 1 of 13 K.IPlanning DeptlEagle ApplicationsIDrI2003\DR-03-03 drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3 (Highway Business Vacant (formally District) Landscape Nursery & Residences) Proposed No Change No Change Home Improvement Store with a Garden Center North of site Business Park BP (Business Park District) Mini-Storage South of site Commercial C-3 (Highway Business Vacant District) East of site Commercial C-3 (Highway Business Vacant District) West ofsite Residential Four (up to R-4 (Residential) State Highway 55/ four dwelling units per Residential acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is a drain ditch located abutting the north property line of this site. There are many trees located along the drain ditch that the applicant is proposing to retain on site. Page 2 of 13 K:IPlanning DeptlEagle ApplicationsIDrI2003IDR-03-03 drf doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 544,600-square feet (12.5-acres) 1,300-square feet (minimum) [44-acres (1,9l6,640-square feet) (0.03-acres) entire Eagle Towne and Country Centre site] Percentage of Site Devoted to 7% (approximately - Home 92% (maximum) Building Coverage Improvement Building with Garden Center) Approximately 20% (at entire site built-out) Percentage of Site Devoted to 25% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 555-parking spaces (Home 507 -parking spaces (Home Improvement Store with Garden Improvement Building with Center) Garden Center) 2, 1 98-parking spaces (entire site) 1,500 to 1,875-parking spaces (depending on proposed uses) Front Setback 30-feet 30-feet (minimum) (as required in CU-18-00) Rear Setback 60- feet O-feet (minimum) (as required in CU-18-00) Side Setback 30-feet 30-feet (minimum) (as required in CU-18-00) Side Setback 40- feet 30-feet (minimum) (as required in CU-18-00) Note: The setbacks for this site are measured from the perimeter property line boundary of the entire shopping center (from property line to closest building). J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building is proposed to be uses as a home improvement store with a garden center. Included as part of the same mega center building are two additional major retail stores one of which is WinCo Foods. Eleven pad sites will provide retail, restaurant and gas station services. Height and Number of Stories of Proposed Buildings: 34-feet to the top of the parapet and 42-feet to the top of the gable peak, single story. Gross Floor Area of Proposed Buildings: Home Improvement Store - 102,446-square feet Page 3 of 13 KIPlanning Dept\Eagle ApplicationsIDrI2003\DR-03-03 drfdoc Garden Center - 24,1 08-square feet On and Off-Site Circulation: A more than adequately sized paved parking lot will provide parking for vehicles using this site. Ingress/egress to the site is to be provided by six access points located both on State Highway 44 and Horseshoe Bend Road. K. BUILDING DESIGN FEATURES: Roof: North American Roofing System, Metal Roof Walls: Tilt-up concrete with form liner, text coat and paint, EFIS Windows/Doors: Store front windows with dark bronze finish, Hollow core metal doors painted to match the color of the building. L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existIng trees along the Spoils Bank Canal located to the north of this site. The applicant IS proposing to retain the trees located in that area. 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 Highway 55, State Highway 44 and Horseshoe Bend Road were reviewed and approved with the common area landscaping of the Eagle Towne and Country Centre. 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 entire parking lot for Eagle Towne and Country Shopping Centre. b. Interior Landscaping: 10% interior landscaping is required. 10% is proposed. M. TRASH ENCLOSURES: The applicant is proposing an 1, 152-square foot trash compactor to be located on the west side of the building approximately 40-feet south of the north side of the building. The enclosure is proposed to be constructed of a completely enclosed metal unit painted to match the building. The enclosure is accessed from inside the building and the compacted trash is removed from the enclosure through solid metal gates opening into the parking lot. N. MECHANICAL UNITS: The applicant is proposing to use roof-top mechanical units. The mechanical units, including the curb that the units are placed on, are three feet eight inches (3' 8") in height. The roof-top mechanical units are proposed to be screened by parapet walls that are four feet (4') to six feet Page 4 of 13 K:lPlanning DeptlEagle Applications\Dr\2003\DR-03-03 drfdoc (6') in height. No ground mounted mechanical units are proposed with this application and none area approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage has been reviewed and approved by the Design Review Board. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs prior to the City accepting a building permit for this site. 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 - 500 year Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - Spoil banks Canal - Drainage District #2 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 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 Boise School District Central District Health Division of Environmental Quality Eagle Fire Department Eagle Sewer District Page 5 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2003\DR-03-03 drfdoc 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 8-1-2 ROOF-MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof-mounted mechanicals shall be screened from view. . Section 8-2A-6(A)(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(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 C 1 of this section. . Section 8-2A-7(J)(3)(d) Chainlink fencing, with slats or otherwise, is prohibited for screening. C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Any proposed cupolas shall be designed and built to a maximum of 42-feet, 4-inches in height. The maximum height for the proposed gable beneath said cupola shall be 38-feet. All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures from view as seen from residential uses or public roadways. . . The perimeter and wetlands area landscaping shall be completed prior to the issuance of a certificate of occupancy. Page 6 of 13 K:IPlanning DeptlEagle Applicatiol1sIDrI2003IDR-03-03 drf doc D. EAGLE TOWNE AND COUNTRY CENTRE DESIGN STANDARDS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.9 LOADING AND SERVICES 3.9.2 Requirements 3. No loading docks or service areas shall be visible from the street. Use of a landscaped buffer is required. 3.12 ROOFLINE AND ROOFTOP EQUIPMENT 3.12.2 Requirements 2. All mechanical rooms or mechanical equipment on rooftops shall be screened from a horizontal line of sight in all directions. Screening must be a part of the building design, not just "chicken coops" placed as an afterthought. 3. Air handling equipment on parapet roofs must be below parapet or kept back 10- feet from the roof edge. In no event will this equipment be allowed to be seen from neighboring parcels or streets. 3.13 TELECOMMUNICATION EQUIPMENT 3.13.2 Requirements 1. No antenna shall be visible from streets or neighborhood parcels. Microwave dishes and satellite dishes shall be placed in the middle of parapet roofs or valleys but, in no case may they be visible from the streets or highways. 3.16 STORAGE AREAS 3.16.2 Requirements 2. No outside storage or operations of any kind shall be permitted on any lot, unless such activity is visually screened from all streets in a manner approved by the Design Standards Committee. No outside storage shall extend above the top of such screemng. 3. Any article, good or material to be stored other than in an enclosed, covered building shall be enclosed either with a screen fence at least (6) feet in height or landscaped planting or both as directed and approved by the Design Standards Committee, except where access is required. E. DISCUSSION: . The applicant is proposing to use roof-mounted mechanical units with the construction of this building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely screened from view through the use of a parapet wall or enclosed within the building. The applicant has shown details (i.e.: height and size) and the location of the mechanical units in relation to the parapet wall. The applicant should be required to provide details of the mechanical units showing height and size of the roof-top mechanical units. The details of the mechanical units should be reviewed and approved by staff prior to issuance of a building permit. The applicant has indicated that a satellite dish is proposed to be located on the roof of this facility near the building material storage area (northeast corner of the building). Per Eagle City Code and the design standards for the Eagle Towne and Country Centre, all roof-top mechanical equipment mounted above the roof plane of a building, including heating and air conditioning . Page 7 of 13 K:IPlanning DeptlEagle ApplicationsIDrI2003\DR-03-03 drf doc equipment, antennas, and satellite dishes are required to be screened from view. Screened from view is defined as "not visible" at the same level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation plan). The applicant should be required to provide details of the satellite dish and revised building elevation plans showing the satellite dish is completely screened by the parapet wall. The revised building elevations should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. . The loading docks for this home improvement store are proposed to be located on the west elevation of the building, just north of the garden cent~r, near the northwest corner of the building. This area will be highly visible from south bound vehicular traffic on State Highway 55. The common area landscape plan for Eagle Towne and Country Centre was reviewed and approved by the City on April 24, 2001. The approved common area landscape plan included the perimeter landscaping along State Highway 55 and the north property line along the Spoils Bank Canal. The landscape plan date stamped by the City on January 9, 2003, showing Landscape Area 5 is the approved landscape plan. The Landscape Area 5 indicates that the plant material proposed near the northwest corner of the Eagle Towne and Country Centre along State Highway 55 and the Spoils Bank Canal includes an extensive amount of evergreen trees The loading docks are proposed to be level with the finish floor of the home improvement store. The applicant has proposed a four foot (4') deep well, below finish floor, for the loading and unloading of trucks. Staff defers comment regarding the proposed evergreen plant material at the northwest comer of the Eagle Towne and Country Centre and whether the plant materIal \\ 111 be sufficient to screen the loading docks of the home improvement store. On the sheet showing the north and west elevations of the building date stamped by the City on January 21,2003, the partial plan showing the footprint of the west building elevation shows a "Seasonal Sales Area" to be located in the parking lot. The actual full size of this "Seasonal Sales Area" has not been indicated on any site plans. City staff suggested to the applicant that If this "Seasonal Sales Area" is necessary that it be located on the north side of the building so as to not restrict vehicular traffic or block any parking spaces. The applicant indicated that this area would only be needed a few times a year. City staff is unsure of the times of year that this area would be needed or the length of time it would be needed. Per the design standards for the Eagle Towne and Country Centre, no outside storage or operations of any kind is permitted on any lot, unless such activity is visually screened from all streets in a manner approved by the Design Standards Committee. No outside storage may extend above the top of such screening. Any article, good or material to be stored other than in an enclosed, covered building is required to be enclosed either with a screen fence at least six feet (6') in height or landscaped planting or both as directed and approved by the Design Standards Committee, except where access is required. It is staff s opinion that the placement of merchandise in the "Seasonal Sales Area" would not serve its purpose due to the Eagle Towne and Country Centre design standards reqUIring outsIde storage areas to be fully screened. In addition the proposed "Seasonal Sales Area" would interfere with vehicular traffic circulation and parking. Staffs believes that because of the requirements placed on development by Eagle Towne and Country Centre and traffic circulation and parking requirements that outside storage areas should not be located in any parking area in the front (south side) of the home improvement store. Staff defers comment regarding building design and colors to the Design Review Board. . . STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 Page 8 of 13 K:IPlanning DeptlEagle ApplicationsIDrI2003IDR-03-03 drfdoc report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on February 13, 2003, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant). BOARD DECISION: The Board voted 5 to 0 (Christensen and McCullough absent) to approve DR-03-03 for a design review application to construct a home improvement store with garden center within Eagle Towne and Country Centre 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 details of the mechanical units showing height and size of the roof-top mechanical units. The details of the mechanical units shall be reviewed and approved by staff prior to issuance of a building permit. 2. Provide details of the satellite dish and revised building elevation plans showing the satellite dish is completely screened by the parapet wall. The revised building elevations shall be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. 3. No outside storage (Seasonal Sales Area) of merchandise shall be located in the front parking area. Outside storage shall only be permitted next to the building or behind the home improvement store. 4-. Provide revised building elevations sho\"'¡ng the canopies over the garden eenter to be green or a color determined by the Design Review Board. The revised building elevations shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 5. The perimeter and wetlands area landscaping shall be completed prior to the issuance of a certificate of occupancy. 6. No signs are proposed with this application. A separate design review application is required for the approval of any signs prior to the City accepting a building permit for this site. 7. Provide revised building elevations showing the color of the canopies over the ~arden center to be green to match the color of the roof or another color to be approved by the Design Review Board. The revised building elevations (including a color sample of the "green") shall be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. 8. Provide a revised site and landscape plan showing the "Seasonal Sales Area" to be oriented perpendicular to the building to provide less impact on vehicular circulation within the parking lot. The revised site and landscape plan shall be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. 9. Any outdoor lumber or material storage areas shall be completely screened from view. The materials used to screen the outdoor lumber or material storage areas shall be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. 10. Provide a revised building elevation of the rear of the building (north) showing the undulation of the parapet wall increased by a minimum of one foot in height and the addition of columns to provide Page 9 of 13 KIPlanning DeptlEagle ApplicaliOllsIDr\2003\DR-O3-03 drf doc horizontal relief to the building. The revised building elevation shall be reviewed and approved by the Design Review Board 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 permi ts 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. 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 Page 10 of 13 K:\Planning DeptlEagle Applications\Dr\2003\DR-03-03 drfdoc 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 rec,orded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy. whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents, Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department.1I 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. Page 11 of 13 KIPlanning DeptlEagle Applications\DrI2003IDR-03-03 drf doc 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. 24. 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 January 9,2003. 2. Requests for agencies' reviews were transmitted on January 16, 2003 in accordance with the requirements of the Eagle City Code. Page 12 of 13 K:\Plannmg DeptlEagle ApplicationsIDr\2003IDR-03-03 drfdoc 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-D3-03) 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 27th day of February 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ",II""", ", " " OF E... ,##. " ~1 'C\ ,.., ~#. .." "" ~ ........ V ì ~#. :- '\. .. .. '<...~ 10, $ v ... ~i.'OR<"1 »... '\ : :,~o 1'" ':. -"" . . : * ; .... - : * : - .' '" . : ~,' '-~ AL;;:: : -:. \. ' , ,0,.. 0 ¡ " . i', " ,~<,<').'.....:: .. .' ' .\ " '.' > "<,.T:- '" .(. ,- ,.' "'- .." .', " < 'Î ¡' ",'" '.' . .. '"' ",'" <. ,\' . . ",..." ATTEST: II QA-<, - K~ -Sharon k. Moore, Eagle City lerk Page 13 of 13 K:\Planning DeptlEagle Applicallons\DrI2003IDR-03-03 drfdoc