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Findings - DR - 2004 - DR-79-03 - Construct Two Retail Buildings For Venture Development Group BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT TWO RETAIL BUILDINGS FOR VENTURE DEVELOPMENT GROUP, LLC ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR- 79-03 The above-entitled design review application came before the Eagle Design Review Board for their action on January 8, 2004. 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: Venture Development Group, LLC, represented by Billy Ray Strite with BRS Architects, is requesting design review approval to construct two retail buildings, one 5,000-square foot building and one 7,500-square foot building. The site is located near the southeast corner of Eagle Road and State Highway 44 within Eagle River Development. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 4, 2003. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 16, 2003, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: E. COMPANION APPLICATIONS: DR-80-03 (master sign plan) Page 1 of 12 K:\Planning DeptlEagle Applications\DrI2003\DR- 79-03 urf,uoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA nON DESIGNATION Existing Commercial C-3-DA (Highway Business Vacant District with development agreement) Proposed No Change No Change Two (2) retail buildings North of site Public/Semi PublicI CBD (Central Business State Highway 44Æagle Central Business District District) Pavilion Shopping Center & Albertsons South of site Commercial C-3-DA (Highway Business Westmark Credit Union District with development with drive up service) agreement) East of site Commercial C-3-DA (Highway Business Vacant District with development agreement) West of site Public/Semi C-1 (Neighborhood Business Eagle Road/Washington Public/Commercial District) Mutual bank with drive up service & Eagle Chevron convenience store with fuel island G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There are several trees located along this sites north and west property lines that the applicant will retain and protect. Page 2 of 12 K:\PI;mning DeptlEagle ApplicationslDrl2003\DR- 19-03 drf,doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.35-acres (58,771-square feet) 0.03-acres (I ,300-square feet) Percentage of Site Devoted to 21 % (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 39% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 80-parking spaces 50-parking spaces (minimum) Front Setback 15-feet (south) O-feet (minimum) Rear Setback 7-feet (north) O-feet (minimum) Side Setback 38-feet (west) O-feet (minimum) Side Setback 55-feet (east) O-feet (minimum) Note: Setback distances were measured from the building closest to the property line. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two (2) multi-tenant retail buildings. Height and Number of Stories of Proposed Buildings: Twenty nine feet (29') high, one story. Gross Floor Area of Proposed Buildings: Building A = 5,040-square feet Building B = 7.500-square feet On and Off-Site Circulation: A 23.287-square foot (approximately) paved parking lot will provide parking for vehicles using this site. The parking lot is served by one 30-foot wide shared driveway access on the north side of East Eagle River Drive, with additional access provided through reciprocal ingress-egress easements among the adjacent lots (Westmark Credit Union to the west and the undeveloped parcel to the east). K. BUILDING DESIGN FEATURES: Roof: Built-up/Concrete tile (Seattle) Walls: Stucco (Hamlet and Secluded Cottage)/Stone (Bucks Country Dressed Fieldstone) Windows/Doors: Aluminum store front FascialTrim: Stucco with metal trim cap (Hamlet) Other: Fabric Awnings (Burgundy) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located to the north of this site adjacent to the entry sign located at the southeast comer of State Highway 44 and Eagle Road. The applicant will retain and protect these trees during construction. Page 3 of 12 K:\PJanning DeptlEagle Applicotions\Drl2003\DR- 19-03 drfdoc Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: The developer of Eagle River Development installed 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 not proposed around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. b. Interior Landscaping: 10% interior landscaping is required. 19% will be installed. M. TRASH ENCLOSURES: One 21O-square foot trash enclosure will be located near the northeast corner of Building B on this site approximately 340-feet north of the driveway on East Eagle River Street. The enclosure wi \I be constructed of stone and stucco with "deck plank" doors all to match the colors and materials used in the construction of the buildings. N. MECHANICAL UNITS: The applicant will use roof top mechanical units. The roof top mechanical units will be screened by the parapet walls of the building. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: The applicant will use decorative wall fixtures on all sides of each building (twenty (20) total). The lens of the light fixtures are visible which does not comply with Eagle City Code that requires the lamp and lens to be screened from view. The applicant will use the same parking lot light fixture that has been used throughout the entire Eagle River Development. P. SIGN AGE: No signs are proposed with this application. A separate design review application (DR-80-03) has been submitted and is required for the approval a master sign plan for the two (2) buildings located on this site. The sign application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Central District Health Department. Eagle Fire Department. and Eagle Sewer District have been received by the City. A water service approval has nol 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 Page 4 of 12 K:\Planning DeptlEagle ApplicationslDrl2003\DR- 79-03 drf.doc 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 - Yes, entire site is located within the Boise River floodplain (see comments under Areas of Critical Environmental Concern above). 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): An environmental assessment plan was previously submitted to and reviewed by the City Engineer with the preliminary plat (Eagle River Development). A copy of the environmental assessment plan is on file with the City Engineer. 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 Eagle Fire Department Eagle Sewer District Idaho Transportation Department W. LETTERS FROM THE PUBLIC: Letters from John Swartz, construction manager of Eagle River, dated December 4, 2003, and December 23, 2003 (attached). Letter from Keith Atkins, the City Forester, dated December 2003 (attached). ST AFF 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. Page 5 of 12 K:\Plallllillg o.pllEagl< Applicutiulls\Drl2003\OR-19-03 ùrf.ù"c B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-1-2 ROOF-MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited 10, 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. Eagle City Code 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). Eagle City Code 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. . Eagle City Code Section 8-2A-7(K)(2)(a-d) Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. 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. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: 1 slope) within 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 five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. 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. . Eagle City Code Section 8-2A-7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. 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. Page 6 of 12 K:\Planning DeptlEagle ApplicationslDrl2003\DR- 19-03 drf.doc . Eagle City Code Section 8-4-4-2 Except as noted in subsection A4 of this section, all site lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. Eagle City Code Section 8-4-4-6 . One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. C. DISCUSSION: . The applicant is proposing to use roof top mechanical units on both buildings. The applicant has indicated on Sheet A2.1 date stamped by the City on January 5, 2004, that the roof top mechanical units are to be screened from view by the parapet walls. The parapet wall used in that section showing the roof top mechanical units will be screened is the taller of the two parapet walls. The four (4) roof top mechanical units (located on Building B) that will be located behind the shorter parapet walls will not be screened by the parapet walls and that is why a screen wall has been proposed to conceal those mechanical units. Staff is unsure if the three (3) mechanical units on Building A have a screen wall to conceal the roof top mechanical units. The applicant should be required to provide revised elevation plans showing the roof top mechanical units are completely screened from view by the parapet walls or mansard roof. Screen walls should not be permitted to screen the roof top mechanical units. The revised elevation plans should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. The applicant is proposing to use decorative light fixtures on all sides of the buildings that have exposed lenses (twenty (20) total). Per Eagle City Code, all site lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) may not be directly visible by a person of average height standing on the property line. The type of light fixture that the applicant is proposing to use may be considered to be a historic light fixture. The applicant should be required to provide detailed cut sheets showing the type of luminarie, wattage, and color of the light fixtures to be used on the building. The cut sheets should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. . . The applicant has indicated on Sheet SD1.2 date stamped by the City on January 5, 2004, that the gates for the trash enclosure are to be dark brown "Deck Plank" on a metal frame. The applicant should be required to provide a color and material sample of the "Deck Plank" material to be used for the trash enclosure gates. The material sample should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. Per the master sign plan for the entire Eagle River Development, this site is required to share a monument sign, one to be located on Eagle Road, one to be located on State Highway 44, and on to be located on East Riverside Drive, with the pad site to the west of this site (Lot 3, Block 3, . Page 7 of 12 K:\PhuUlìng DeptlEagle Appticutìons\Drl2003\DR-19-03 ùrfùoc . Mixed Use Subdivision No.4) and the pad site to the east of this site (Lot 1, Block 3, Mixed Use Subdivision No. 1). The applicant should be required to work with the property owners to the east and west to coordinate the monument signs that will be shared by all three of these sites (Lots 3 and 4, Block 3, Mixed Use Subdivision No.4 and Lot 1, Block 3, Mixed Use Subdivision No. I). The applicant has not proposed continuous landscaping on the south, east, and west perimeters of the parking lot because this site will be integrated with the parcels to the south, east, and weSI and share common access drive aisles. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff s opinion that because this site will be integrated with the surrounding properties, providing cross access between parcels, and because the landscape buffer requirements of Eagle City Code and the design guidelines of Eagle River Development require extensive landscaping to buffer the parking lot from the public right-of-way, the applicant should not be required to provide a perimeter landscape strip on the north and east property lines. . 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 MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on January 8, 2004. 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 4 to 0 (Bowen, Christensen, and Stanger absent) to approve DR-79-03 for a design review application to construct two retail building for Venture Development Group, LLC, 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 revised elevation plans showing the roof top mechanical units are completely screened from view by the parapet walls or mansard roof. The screen walls shall be constructed to match the materials. colors. and design of the parapet walls. Sereea walls shall Rot be permitted to screea the roof top mechaaieal Haits. The revised elevation plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. 2. Provide detailed cut sheets showing the type of luminarie, wattage, and color of the light fixtures to be used on the building. The cut sheets shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. 3. Provide a revised site plan indicating the trash enclosure gates to be "Deck Plank" instead of metal doors as indicated in Site Keynote number 13. The revised site plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. color aad material samf'le of the "Deek Plaak" material to be Hsed f{)r the trash eae1osHre gates. The material samf'le shall be reviewed Page 8 of 12 K:\Planning DeptlEagle Applications\DrI2003\DR- 19-03 d,f,dnc and aJ'flroved by the DesigR Review Bøan;l flrior to the City issuiRg a zoRiRg eertifieate f.or this site. 4. Provide detailed elevation plans showing the materials and colors to be used in the construction of the patio trellis. The elevation plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. 5. This site is allowed one monument sign to be located on Eagle Road, State Highway 44, and East Riverside Drive to be shared with the parcel to the west of this site (Lot 3, Block 3, Mixed Use Subdivision No.4) and the pad site to the east of this site (Lot 1, Block 3, Mixed Use Subdivision No. 1). The applicant shall be required to work with the property owners to the east and west to coordinate the monument signs that will be shared by all three of these sites (Lots 3 and 4, Block 3, Mixed Use Subdivision No.4 and Lot 1, Block 3, Mixed Use Subdivision No.1). 6. The fabric awnings proposed on both buildings shall wrap around all three (3) sides of the metal frame securing the awning to the building. The metal frames shall not be visible. 7. The asphalt, landscape islands, and drainage as shown on Sheets SD 1.0 and L-1, date stamped by the City on January 5,2004, shall be completed prior to the City issuing a certificate of occupancy for either building. 8. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. The concrete patio located at the northwest corner of this site shall be fully constructed with integrated color and stain. The colors to be used and the alJPlication procedure shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. 11. Provide a revised landscape plan showing the Urbanite Ash trees changed to a different species. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board 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 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. Page 9 of 12 K:\Phll1ning DeptlEagle Applications\Drl2003\DR-19-03 dtf,doc 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 (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of 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 Page 10 of 12 K:\Plalllùng DeptlEagle Applications\Dr\2003\DR-19-03 drf,uoc first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fIre hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fIre area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first, 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and 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. Page 11 of 12 K:\PIanning DeptlEagle Applications\Dt\2003\DR- 19-03 drf,doc 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 December 4, 2003. 2. Requests for agencies' reviews were transmitted on December 16, 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-79-03) 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. 4. The Board wants to emphasize the importance of the construction of the patio and trellis at the northwest corner of this site. This corner is a very visible and entry corridor to the City of Eagle and great addition should be taken in the choice of the materials and colors used in the construction of the patio and trellis. DATED this 22nd day of January 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: """""""" ,...." OF EA () "'" , ~~ ..".... (.A ## ~ ~" . ... v' ~ I (j.'( :Ç.yOR4 r 't.. ~ . -0 <? ':. : Ie.¡ ~*: . - _.- . - =*' ........~:-...:: ':. -.... S., j' ,. ~ .. , -_'to: 1.";' .., ,'" 0 ~ - .."0 ,<' ';.. .. '\ iP~ ."'~ POR r-. :"~'..;:.'- $ *#"';"¡ ....',. ""c. ...." "" 'l'E c'--; \ v' ..'ò" """"" :"",.." ~ e<.\-.o -Y. ~~ Sharon K. Moore, Eagle City Cl rk Page 12 of 12 K:\Planmng DepllEagk: Applicatiolls\Dr\2003\DR- 19-03 ùrf.ùo"