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Findings - DR - 2003 - DR-41-03 - Construct A 3-Story Retail/Apartment/135 North 2Nd Street BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR) A DESIGN REVIEW TO CONSTRUCT A ) THREE STORY RETAIL/APARTMENT ) BUILDING FOR THE EDYTHE ROGERS TRUST) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-41-03 The above-entitled design review application came before the Eagle Design Review Board for their action on September 25, 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: The Edythe Rogers Trust, represented by James Gipson with James Gipson Associates, is requesting design review approval to construct an 8,678-square foot, three story retail/apartment building, The site is located on the southeast corner of 2nd Street and Idaho Street at 135 North 2nd Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 1,2003. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 13, 2003, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: DR-50-03 (master sign plan for La Strada Place) Page 1 of 14 K:\Planning DeptlEagle Applications\DrI2003\DR-41-03 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Central Business District CBD (Central Business Paved parking District) Proposed No Change No Change Retail! Apartments North of site Central Business District CBD (Central Business Single Family Residential District) South of site Central Business District CBD (Central Business Restaurant District) East of site Central Business District CBD (Central Business Single Family Residential District) West of site Central Business District CBD (Central Business Single Family Residential District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown Development Area). H. EXISTING SITE CHARACTERISTICS: This site has been overlaid with asphalt and used as a parking lot; there are no landscaping or roadway improvements abutting this site. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.16-acres (7,OOO-square feet) O.OI-acres (500-square feet- minimum) Percentage of Site Devoted to 41 % (approximately) 40% (minimum) Building Coverage 95% (maximum) Percentage of Site Devoted to 10% (approximately) 10% (minimum) Landscaping Number of Parking Spaces S-parking spaces 13-parking spaces (minimum) Front Setback O-feet (east) O-feet (minimum) 10-feet (unaxiunuun) Rear Setback lO-feet (west) O-feet (minimum) Side Setback 60-feet (north) O-feet (maximum) Side Setback 8-feet (south) O-feet (maximum) Page 2 of 14 K:\Planning DeptlEagle ApplicationslDrl2003\DR-41-03 drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used for three (3) apartment units and two (2) retail spaces. Height and Number of Stories of Proposed Buildings: Thirty nine feet (39') in height, three (3) stories as measured from the top of the sidewalk proposed on 2nd Street. Gross Floor Area of Proposed Buildings: 8,678-square feet total 2,880-square feet 1 st floor 3,149-square feet 2nd floor 2,649-square feet 3rd floor On and Off-Site Circulation: A 1,920-square foot (approx.) paved parking lot will provide parking for vehicles using this site. One 22-foot wide driveway will be located on the east side of this site 33-feet south of Idaho Street providing access to 2nd Street. K. BUILDING DESIGN FEATURES: Roof: Fiberglass architectural shingles (Mountain Timber) Walls: Stone (1 st floor - Tan), Stucco (2nd and 3rd floors - Cappuccino) Windows/Doors: Vinyl (White) Fascia/Trim: Wood (Saddle) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): Reviewed and approved by the Design Review Board. Street Trees: The applicant will install four (4) street trees (four (4) Flowering Pears) on 2nd Street and one (1) street tree (one (1) Flowering Pear tree) on Idaho Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping will be installed around the perimeter of the parking lot. b. Interior Landscaping: 0% interior landscaping is required. 0% will be installed. M. TRASH ENCLOSURES: One 40-square foot trash enclosure will be constructed near the southwest corner of the building approximately lO-feet north of the alley and approximately 50-feet west of 2nd Street. The enclosure will be constructed of stucco walls with metal gates, all of which will be painted to Page 3 of 14 K:\Planning DeptlEagle ApplicncionslDrl2003\DR-41-03 dtf.doc match the color of the building. N. MECHANICAL UNITS: The applicant will install ground mounted mechanical units. The ground mounted mechanical units will be screened by a four foot (4') high stucco wall with metal gates, all of which will be painted to match the color of the building. O. OUTDOOR LIGHTING: Two (2) historic light fixtures will be installed with this development, one (1) light fixture on 2nd Street and the other light fixture on Idaho Street. The two (2) historic light fixtures are located such that they will illuminate the parking lot for this development. Recessed light fixtures located on the underside of the decks on this building will illuminate the sidewalk located on the west side of the building and recessed light fixtures located within the soffit of the bay windows on the east side of the building will illuminate the entrance to each of the retail tenant spaces. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-50-03) has been submitted and is required for the approval of a master sign plan for this building. The master sign plan shall be reviewed and approved prior to the City issuing a zoning certificate 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 - 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 U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Page 4 of 14 K:\Planning DeptlEagle Applications\Drl2003\DR-41-03 dtf.doc V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Division 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 Central Business District. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-6(A)(7)(a) All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum of thirty five feet (35'). Additional height may be permitted if a conditional use permit is approved by the city council. . Section 8-2A-6(B)(2)(a) Height: Height of buildings is restricted to one or two (2) stories, with a maximum height of thirty five feet (35 '). . Section 8-2A-6(B)(2)(f) Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. The front of any building is the facade that fronts upon any street. . Section 8-2A-6(B)(2)(h) Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review committee and the planning and zoning commission. . Section 8-2A-6(B)(3)(b) Side building setbacks shall be zero feet (0') so as to tie into adjoining structures. . Section 8-2A-6(B)(4)(a) Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a landscape buffer shall be provided between the parking lot and any street. Limited parking potential in the DDA may allow for reduced parking ratios where there is access to public or shared parking. Page 5 of 14 K:\P1anning DeptlEagle ApplicationslDrl2003\DR-41-03 dtf.doc . Section 8-2A-7(B)(2) Landscaping shall cover a minimum of ten percent (10%) of the property on all other developments. . Section 8-2A-7(K)(2)(d) Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. . Section 8-4-4-3(7) The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of the sum of the number required for each use served unless a conditional use is approved by the city council. . Section 8-4-5 Apartments or multi-family dwellings For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement Retail sales not listed under another use classification 1 per 250 square feet of gross floor area . Section 8-4-4-5 Within the Central Business District, as defined by the City of Eagle comprehensive plan, the required number of parking spaces may be met by a cash in lieu payment to the City prior to issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The fee shall be for the city to provide public off street parking in the vicinity of the use, the maximum distance of which shall not exceed the maximum distance permitted by this title. The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as may be adopted by resolution of the city council. In addition to the above fee the owner shall be required to pay an annual per space maintenance fee as shall be determined by resolution of Page 6 of 14 K:\Planning DeptlEagle Applications\DrI2003\DR-41-03 dtf.doc the City Council. The City shall not provide more than twenty (20) spaces for any single use without the specific approval of the City Council. When considering in lieu payments the city may set limitations on the number of spaces for which an in lieu fee may be tendered. All in lieu funds received for reduction of parking spaces under this section shall be placed into a special and separate parking improvement and acquisition account to be used solely for the purchase and improvement of municipal parking lots and structures to be located within the Central Business District, as defined by the City of Eagle comprehensive plan, and may be for use by the general public. C. DISCUSSION: . The applicant is proposing to construct a three (3) story retaiVapartment building with an overall height of thirty nine feet (39') as measured from the sidewalk proposed on 2nd Street. Eagle City Code limits buildings within the CBD to two (2) stories with a maximum height of thirty five feet (35'). Presently, the City is reviewing a zoning ordinance amendment (ZOA-I-03) that proposes to remove text within Eagle City Code that restricts buildings to two (2) stories (within the DDA and TDA) and proposes to permit buildings within the DDA and TDA to be forty feet (40') in height. The applicant should be required to comply with any applicable conditions of ZOA-I-03 regarding the height of this building. If the portion of the zoning ordinance amendment which proposes to allow 3-story, 40-foot high buildings within the DDA and TDA is not approved then the applicant should be required to modify the height of this building and submit revised building elevations showing the building height at a maximum of 35-feet. The three (3) story retail/apartment building consists of 8,678-square foot retail/apartment building. The fIrst floor, which consists of a 2,880-square foot space for retail uses and garages for the apartment units. The second and third floors, which consist of 3, 149-square feet and 2,649-square feet respectively, will be used for three (3) residential apartment units. The applicant is proposing 296-square feet of glass on the fIrst floor, 273-square feet of glass on the second floor, and 134-square feet of glass on the third floor for a total of 703-square feet of glass for the entire 2nd Street building frontage. Per Eagle City Code, the applicant is required to provide a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass and any floors above the main floor are required to have a minimum of twenty five percent (25%) glass. Per Eagle City Code, the applicant is required to provide 342-square feet of glass on the first floor, 198-square feet of glass on the second floor, and 144-square feet of glass on the third floor for a total of 684-square feet of glass for the entire 2nd Street building frontage. The amount of glass proposed on the first and third floors does not meet the required amount of glass for each of those floors respectively but the overall amount of glass proposed on the entire 2nd Street building frontage exceeds the amount of glass required by 19-square feet. Based upon the fact that the overall glass coverage exceeds the minimum required, combined with the proposed mix of uses (not all retail uses, which would warrant additional glass), staff believes that the building has been appropriately designed for its use and location. The applicant is proposing to landscape the areas between the parking lot, Idaho Street, and 2nd Street. Per Eagle City Code, a three foot (3') high fence of wood, brick, stone, or decorative block or concrete, along with a four foot (4') wide landscape strip, is required between the right-of-way and parking lot. The Design Review Board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the Board fmds that the following conditions have been met: 1) The overall planting design, at the time of planting, results in an effective barrier such that the . . Page 7 of 14 K:\PIanning DepClEag1e Applicacions\Drl2003\DR-41-03 dtf.doc . landscape strip shields the view of parked cars from passing pedestrians and motorist; and 2) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. Staff defers comment regarding the landscaping that is proposed between the parking lot, Idaho Street, and 2nd Street to the Design Review Board. Staff has calculated the total number of parking spaces required for this development as follows: 2-parking spaces (including one covered) for each unit with 2 or more bedrooms multiplied by 3 apartments = 6-parking spaces (3 covered) for this site. 0.25-parking spaces per unit for guest parking multiplied by 3 apartments = 0.75-parking spaces for this site, which may be located on the adjacent street. I-parking space per 250-square feet of retail space (1,438-square feet) = 5.752-parking spaces for this site. Total parking spaces required = 12.5 The applicant is requesting a twenty percent (20%) parking space reduction for this site which would reduce the overall required parking spaces to ten (10). The number of on-site parking spaces required would be reduced to nine (9) because the one (1) required guest parking space may be located on the adjacent street. 12.5-parking spaces multiplied by 20% = 2.5-parking spaces 12.5-parking spaces minus 2.5-parking spaces = lO-parking spaces (required for this site with a 20% parking reduction) 10-parking spaces minus I-parking space = 9-parking spaces required on-site The site plan shows eight (8) parking spaces to be constructed on-site, three (3) of which are to be covered parking spaces specifically for the use of the residences. This leaves five (5) parking spaces to be used by patrons, residents, and visitors. The applicant has indicated that a parking in lieu payment would be submitted to the City for one (1) additional parking space. Therefore, with an approved parking reduction, a parking in-lieu payment for one space, and eight (8) spaces on site, the overall parking for this site is in compliance with Eagle City Code. Regarding the parking reduction, it is the City of Eagle's desire to see the downtown area develop in such a manner that will promote a pedestrian friendly environment. By encouraging commercial and retail development combined with residential units to develop within the Central Business District, one may conclude that a pedestrian friendly atmosphere could be achieved. Eagle City Code does not specifically address "infill" projects but does encourage downtown revitalization. This site has been overlaid with asphalt and used as a parking lot with no landscaping or roadway improvements abutting the site. The site will be greatly improved with this development which includes paving the alley, providing a streetscape abutting 2nd Street and Idaho Street, and the installation of landscaping. In addition, the proposed commercial and retail uses will complement the downtown and the residential uses located within the area by promoting the area residences to walk through the downtown area. It is because of the proposed mixed uses and the downtown revitalization that will occur with this development that the Zoning Administrator has determined that a twenty percent (20%) parking reduction would be warranted for this site. The applicant should be required to provide a parking in lieu payment to the City in the amount of $5,700.00 for one (1) parking space. The parking in lieu payment should be submitted to the City prior to the City issuing a zoning certificate for this site. The applicant is proposing to construct this building sixty feet (60') south of the north property line and eight feet (8') north of the south property line of this site. Eagle City Code requires side . Page 8 of 14 K:\Planning DeptlEagle Applications\Drl2003\DR-41-03 dtf.doc building setbacks to be zero feet (0') so as to tie into adjoining structures. In the pre-application meeting between City staff and the applicant, the building was shown abutting the north property line with the garage doors shown on the north building elevation with vehicles backing onto Idaho Street. Staff suggested that the applicant meet with the Ada County Highway District to determine whether the District would permit vehicles backing onto Idaho Street, and to determine the location of the driveways on Idaho Street. The District does not permit vehicles backing onto the public right-of-way but does permit vehicles backing into the public right-of-way of the alley. This is reflected on the site plan date stamped by the City on September 4, 2003, showing the building located eight feet (8') north of the south property line to provide a minimum distance of twenty two feet (22') to allow for perpendicular parking adjacent to an alley. In addition, it is staff s understanding that the applicant wishes to expand this building in the future to abut the north property line of this site. For this building expansion to occur, the applicant would need to acquire additional property within the vicinity of this site to provide adequate parking for the current uses as well as the proposed uses. For the reasons stated within the previous discussion bullet regarding the revitalization of the downtown area, staff recommends that the building setbacks required within the DDA (Downtown Development Area) not be implemented with this development to help promote growth and development within the downtown area, . 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 MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on September 25, 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/representative). BOARD DECISION: The Board voted 6 to 0 (Bowen absent) to approve DR-41-03 for a design review application to construct a three story retail/apartment building for the Edythe Rogers Trust 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. The applicant shall be required to comply with any applicable conditions of ZOA-I-03 regarding the height of this building. If the City does not approve the provision to allow forty foot (40') high buildings in the DDA and TDA then the applicant shall provide revised elevation plans showing that the building does not exceed thirty five feet (35') in height. 2. Provide a parking in lieu payment to the City in the amount of $5,700,00 for one (1) parking space. The parking in lieu payment shall be submitted to the City prior to the City issuing a zoning certificate for this site. 3. The elevation plan date stamped by the City on September 4, 2003, showing 703-square feet of glass Page 9 of 14 K:\Planning DepclEagle Applications\Drl2003\DR-41-03 dtf.doc on the second street elevation is approved. 4. Provide a revised landscape plan showing that the parked cars within the parking lot will be shielded from passing pedestrians and motorists. The revised landscape plan shall show plant species that will be a minimum of three feet (3') to four feet (4') in height at the time of planting with shorter plant material integrated amoung the taller plant material. The taller plant species shall be planted closest to the parking lot and taper down in height toward the sidewalk along Idaho Street. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior the City issuing a zoning certificate for this site. UNLESS the DesigB Re'/ic'.\' Board deteræiaes that the laaàseapiBg proposed betv.'eeB the parlåBg lot, Idaho Street, and 2Bd Street meets the iBteRt of Eagle City Code to shield the parked cars 'lIithiB the parkiRg lot of this àevelopmeBt, the laBàseape plaB date staffil)ed by the City OR Septembor 4, 2003, is approved. 5. The non conforming light fixture, located on the west property line, shall be removed prior to the issuance of a certificate of occupancy for this site. 6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. No signs are proposed with this application. A separate design review application is required for the approval of a master sign plan for this building. The master sign plan shall be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. 9. Provide a revised elevation plan showing more relief on the north building elevation through the use of building materials. change in building façade. bay window (similar to the south building elevation), or ledges. The amount of stucco used on the north building elevation shall be reduced by fifty percent (50%). The revised elevation plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 10. Provide detailed cut sheets of the mail box proposed near the southeast corner of the building that faces 2nd Street. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 11. Provide a roof penetration plan showing all roof vents to be located on the west side of the ridge of the roof so that the vents are not visible from 2nd Street. The roof penetration plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 12. Provide detailed elevations of the trash enclosure and mechanical enclosure showing the materials, gates. and colors to be used in the construction of these enclosures. The detailed trash enclosure and mechanical enclosure plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 13. Provide revised building elevation plans showing the location of all gutters and down spouts proposed with this development. The revised building elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 14. Provide a revised landscape plan showing the street trees along Idaho Street and 2nd Street to be of a non-fruit bearing and columnar tree species. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 15. Provide detailed elevation plans showing a material other than wood to be used in the construction of the four foot (4') high fence located along the west property line (Le.: stucco. stone. wrought iron). The detailed elevation plans shall be reviewed and approved by staff and one member of the Design Page 10 of 14 K:\Plamting DeptlEagle ApplicationslDr\2003\DR-4J-O3 dtf.doc Review Board prior to the City issuing a zoning certificate for this site. 16. Provide a revised site plan showing the location of any power transformers proposed on this site. The power transformer shall be screened from view by landscaping or a screen wall. A revised landscape plan or detailed elevation plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 17. Provide building lighting on the south elevation to illuminate the alley for pedestrians. patrons. and the residences. Provide detailed cut sheets of the proposed light fixture to be used on the south building elevation showing the wattage and luminaire. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate 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 flfSt. 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 flISt. 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 flfSt. 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 flISt. 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 flISt. 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 Page 11 of 14 K:\Planning DeptlEagle ApplicationslDrl2003\DR-41-03 dtf.doc 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 flfst. 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 flfst. 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." 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 fife 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 flfst. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or 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 flfst. 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 Page 12 of 14 K:\Planning DeptlEagle Applications\DrI2003\DR-4I-O3 dtf.doc permit or Certificate of Occupancy, whichever occurs flfst. 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 flfst. 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 flfst. 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 prior to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy 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. Page 13 of 14 K:\Planning DeptlEagle ApplicationslDrl2003\DR-41-03 drfdoc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on August 1,2003. 2. Requests for agencies' reviews were transmitted on August 13, 2003 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-41-03) 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. While the Board recognizes that the building setbacks and the thirty nine foot (39') building height (as proposed with this application) do not comply with Eagle City Code, the Board determined that the proposed mix of uses and the revitalization of the downtown that will occur with this development warrant varying from code. The Board supports the commercial uses located below the residential uses and encourages these combined uses in the downtown to promote a pedestrian friendly atmosphere. The Board supports the eight foot (8') side building setback to the south so as to provide adequate backing distance for the vehicles utilizing the garages located north of the alley, while permitting the sixty foot (60') side building setback to the north to provide sufficient space for on-site parking for this development. DATED this 9th day of October 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~~ Eric R. McCullough, Ch an ATTEST: ~"""""""" ~....~~ OF EA. () ~"###. .:'" ......... -<".A ~# .:' , .. .. v' ':. /v.....,yOR-4».. \ .. . O'~ A . II .. . r, v'. II :.v :*: . . -~.- . . : * : - oj : . . -,r,,""'.. II .-:j"::' r).~.' ": .. ~ .. ".,' ' , ' ,<' '~. ..0 : ""<.J>8..C., "<"'o"~ "'/'1"'" ",...." '##,<": " . '..." """'~,."" ..,.~ '-~~. Y- ~ Sharon K. Moore, Eagle City C rk Page 14 of 14 K:\Planning DeptlEagle ApplicationslDrl2003\DR-41-03 dtf.doc