Findings - DR - 2004 - DR-08-04 - Construct A 9110 Sq' Multi-Tenant Retail/4500 Sq' Restaurant/3700 Sq' Bank Facility
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A BANK, REST A URANT AND RETAIL
BUILDING WITHIN EAGLE POINTE
COMPLEX FOR THOMAS DEVELOPMENT
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-38-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 10, 2004. The Board continued the item to June 24, 2004, and made their decision at that time.
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:
Thomas Development, represented by Patrick McKeegan with Patrick McKeegan Architects, is
requesting design review approval to construct one 9,11 O-square foot multi -tenant retail building,
one 4,500-square foot restaurant building, and one 3,700-square foot bank facility. The site is
located on the southwest comer of East Iron Eagle Drive and Edgewood Lane within Merrill
Subdivision No.1 (formerly Rocky Mountain Business Park) at 1539 East Iron Eagle Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 8, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 19, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-39-04 (design review master sign plan application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant residential dwelling
Proposed No Change No Change Restauran t/B ank/Retail
Buildings
North of site Mixed Use MU (Mixed Use) Proposed Multi-tenant
wareh ou set office/retai 1
building
South of site Public/Semi Public/ RUT (Rural Transition - Ada State Highway 44/
Mixed Use County zoning designation) Lonesome Dove Ranch
East of site Business Park BP (Business Park) Vacant
West of site Mixed Use MU (Mixed Use) Les Schwab Tire Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is a vacant residential dwelling with associated sheds
and pool. A total of thirty four (34) trees exist throughout the property.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 93,030-square feet (2. 14-acres) 7,000-square feet (0. 16-acres)
Percentage of Site Devoted to 19% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 48% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 97-parking spaces 85-parking spaces (minimum)
Front Setback 24-feet (north)* 20-feet (minimum)
Rear Setback 25-feet (south)* 20-feet (minimum)
Side Setback 10-feet (west)* 7.5-feet (minimum)
Side Setback 35-feet (east)* 20-feet (minimum)
* Note: Setbacks are measured from the property line to the closest building.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Three (3) buildings; one (1) multi-tenant retail building, one
(I) restaurant, and one (1) bank facility.
Height and Number of Stories of Proposed Buildings: Thirty one feet (31 '); one story.
Gross Floor Area of Proposed Buildings: Retail building = 9,I1O-square feet
Restaurant = 4,500-square feet
Bank facility = 3,700-square feet
Total = 17,310-square feet
On and Off-Site Circulation:
A 30,228-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 28-foot wide driveway is proposed to be located on the north side of this site
approximately 31-feet east of the west property line providing access to East Iron Eagle Drive.
K. BUILDING DESIGN FEATURES:
Roof: Concrete Tile (Terra Cotta)
Walls: Brick Blend (RedIBrown), Stucco accents (Tan)
WindowslDoors: Aluminum storefront (Medium Bronze)
FascialTrim:
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are thirty four (34) existing trees on
this site. The applicant is proposing to remove twenty nine (29) of the thirty four (34) trees.
Tree Replacement Calculations: Per the City Foresters tree inventory detail letter dated April 28,
2004, the applicant is proposing to remove two hundred and ten (210) tree caliper inches from this
site. Per Eagle City Code, the applicant would be required to replace two hundred and thirty nine
(239) tree caliper inches on-site which would be equivalent to $35,850.00 ($150.00 x 239).
Within the City Foresters tree inventory detail letter dated April 28, 2004, a monetary value has
been determined for any tree with value that is being removed from this site. The total monetary
value of the trees to be removed from this site is $17,499.00.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install four (4) Greenspire Linden trees and two (2)
Deborah Norway Maple trees adjacent to East Iron Eagle Drive. Thirteen (13) Spring Snow
Flower Crabapple trees are proposed to be installed adjacent to Edgewood Lane. Three (3)
Greenspire Linden trees, four (4) Serbian Spruce trees, one (I) English Oak, and one (1) Cedar of
Lebanon are proposed adjacent to State Highway 44.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
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Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot
of this site.
b. Interior Landscaping: 10% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 140-square foot trash enclosure is proposed to be located along the west side of the site
approximately 200-feet south of the driveway on East Iron Eagle Drive. The enclosure is proposed
to be constructed of brick walls with steel gates, all of which will match the materials and colors
used in the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be completely screened from view by the mansard roof or parapet walls of each of the
buildings.
O. OUTDOOR LIGHTING:
There are two (2) existing historic street light fixtures located adjacent to East Iron Eagle Drive.
The applicant is proposing to install three (3), twenty foot (20') high, 250-watt high pressure
sodium light fixtures within the parking lot of this site. Two (2) historic light fixtures are proposed
adjacent to Edgewood Lane. The applicant has indicated on Sheet Al.0, date stamped by the City
on April 26, 2004, that the two (2) historic light fixtures adjacent to Edgewood Lane are to be
thirty feet (30') high. Per Eagle City Code, historic light fixtures are required to be a maximum of
fourteen feet (14') in height.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-39-04) has
been submitted and is required for the approval of any signs for this site. The master sign plan
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 not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
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Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. 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 Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Adkins, City Forester, dated April 28, 2004, and May 3, 2004 (is incorporated
herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground,
.
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-7(C)(1)
.
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
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.
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
I inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Eagle City Code 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 Cl of this section.
.
Eagle City Code Section 8-2A-7(K)(2)(a-d)
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. (Ord. 462, 11-11-2003)
(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.
Eagle City Code Section 8-2A-7(K)(4)(a)
Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with
ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as
follows:
Total Number
Of Spaces
10 - 20
Percent Of Total Area Of
A Lot That Must Be An
Interior Landscaped Area
5 percent
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21 - 50
51 +
8 percent
10 percent
.
Eagle City Code Section 8-2A-7(K)(4)(b)(2)
No parking space shall be more than sixty feet (60') from an interior landscaped area.
.
Eagle City Code Section 8-4-4-2(F)
Off Street Parking Design and Dimensions
Standard Vehicles (90°) = 9' wide x 19' long
Compact Vehicles (90°) = 8' wide x 15' long
C. DISCUSSION:
.
The residential dwelling which exists on this site currently is serviced by overhead power lines.
The applicant should be required to provide all cable, electrical, and telephone service systems
underground.
The applicant is proposing to use roof-top mechanical units on all three (3) of the buildings. The
roof-top mechanical units are proposed to be completely screened from view by the mansard roof
or parapet walls of all three (3) buildings. No ground mounted mechanical units are proposed and
none are approved.
There are thirty four (34) existing trees on this site of which twenty nine (29) of the trees are
proposed to be remove. Per the City Foresters tree inventory detail letter dated April 28, 2004, the
applicant is proposing to remove two hundred and ten (210) tree caliper inches from this site. Per
Eagle City Code, the applicant would be required to replace two hundred and thirty nine (239) tree
caliper inches on-site or pay $35,850.00 ($150.00 x 239) to the City Tree Fund. Within the City
Foresters tree inventory detail letter dated April 28, 2004, a monetary value has been determined
for any tree with value that is being removed. The total monetary value of the trees to be removed
from this site is $17,499.00. The applicant should be required to provide one of the following
options: 1) A revised landscape plan showing the addition of two hundred and thirty nine (239)
tree caliper inches on-site, 2) A monetary sum in the amount of $17,499.00, or 3) A revised
landscape plan showing the retention of the trees with a value. The revised landscape plan should
be reviewed and approved by the Design Review Board or the monetary amount should be
submitted to the City prior to the City issuing a zoning certificate for this site.
The applicant is proposing a seven foot (7') wide planter to be located adjacent to the east side of
the parking lot extending from the bank pad site to the north approximately seventy feet (70').
There is approximately fifty feet (50') of the parking lot where a landscape strip has not been
proposed adjacent to the parking lot. Per Eagle City Code, a landscape strip is required to be
provided when a parking lot is located adjacent to a public right of way to shield the view of
parked cars to passing motorists and pedestrians. The applicant should be required to provide a
revised landscape plan showing a landscape strip in compliance with Eagle City Code Section 8-
2A-7(K)(2)(a, b, c, or d). The revised landscape plan should 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.
.
.
.
.
The applicant is proposing nine percent (9%) intericr landscaping within the parking lot of this
development. Per Eagle City Code, a parking lot with fifty one (51) or greater parking spaces is
required to have a minimum of ten percent (10%) interior landscaping within the parking lot. In
addition, a landscape island needs to be proposed on the south side of the retail building to comply
with Eagle City Code which requires that no parking space is to be located more than sixty feet
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.
(60') from an interior landscaped area. The applicant has provided twelve (12) parking spaces
above that which is required by Eagle City Code for this development, it is staff s opinion that if
the applicant eliminated of a couple parking spaces and replaced them with a landscape island that
the applicant would comply with the ten percent (10%) interior landscaping requirement. The
applicant should be required to provide a revised landscape plan showing a minimum of ten
percent (10%) interior landscaping through out the entire parking lot with a landscape island
within the parking spaces located on the south side of the retail building. The revised landscape
plan should 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.
The applicant is proposing eleven (11) parking spaces on the west side of the parking lot, just
north of the trash enclosure. The width of the parking spaces in this area as shown on Sheet Al.O
date stamped by the City on April 26, 2004, do not meet the minimum standards required within
Eagle City Code. The applicant should be required to provide a revised site and landscape plan
showing that all parking spaces within this development meet the minimum dimensions required
for standard and compact parking spaces. Any compact parking spaces should be marked as such.
The revised site and landscape plans should be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
.
Staff defers comment regarding building design and colors to the Design Review Board.
ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on June 10, 2004. The
application was continued to June 24, 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 6 to 0 (Bowen absent) to approve DR-38-04 for a design review application to
construct a bank, restaurant, and retail building within Eagle Pointe Complex for Thomas
Development, 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:
I. All cable, electrical, and telephone service systems shall be installed underground and all power poles
shall be removed from this site.
2. The roof-top mechanical units shall be completely screened from view by the mansard roof or parapet
walls on each of all three (3) buildings. No ground mounted mechanical units are proposed and none
are approved.
30 The applicant shall submit a monetarY sum in the amount of $2,743.00 for the removal of the trees
from this site. Pn::l\'iele ORe ef the foUo',viRg optieøs: 1) A ro...iseEllaBElseape plaB sho',viøg the aàElitïoR
ef two hliøElæå aBEl thirty øæe (239) k-ee ealiper iøekes eø site, 2) /\ moøetary slim i8 the amoliRt of
$17,499.09, or 3) .\ r-eviseEllanàseape plaB skewiøg the æteøtieø ef the k-ees that have beeR assesseEl
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with a yalae. The revisee! laRe!seape plaR sHall Be revie'::ee! aRe! approved BY the DesigH Rtwiew Baare!
ef-the monetary amount shall be submitted to the City prior to the City issuing a zoning certificate for
this site.
4. Provide a revised landscape plan showing a landscape strip on the east side of the parking lot in
compliance with Eagle City Code Section 8-2A-7(K)(2)(a, b, c, or d). The revised landscape plan
shall show a three foot (3') high minimum screen wall or plant material that will grow to three feet (3')
in height minimum on the east side of the drive UP service lanes. 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.
5. Provide a revised landscape plan showing a minimum of ten percent (10%) interior landscaping
through out the entire parking lot with a landscape island within the parking spaces located on the
south side of the retail building. 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.
6. Provide a revised site and landscape plan showing that all parking spaces within this development
meet the minimum dimensions required for standard and compact parking spaces. Any compact
parking spaces shall be marked as such. The revised site and landscape plans shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
9. No signs are proposed with this application. A separate design review application (DR-39-04) has been
submitted 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.
10. Provide a license agreement from ITD allowing the installation of landscaping located within the
public rights-of-way prior to the City issuing a zoning certificate for this site.
11. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way prior to the City issuing a zoning certificate for this site.
12. The site and landscape plan, date stamped by the City on June 16.2004. showing a driveway
connection to the property to the west (Les Schwab Tire Center). is approved. Provide a r-evisee! site
aRe! laRe!S€afle filaR sho\yiRg a e!rive'.yay to pfØyide srass assess from this site to the parsel to the west
(Les SehwaÐ Tir-e CeRter). The revised site aRe! laRe!seape plaRS shall Be re.áewee! aRc! afJpr-øvec! by
staff aRe! aRe memBer af the DesigH Review Boar4 prior te tHe City issaiRg a zoRiRg eertifisate far tRis
site.
13. Provide a cross access agreement between this site and the property to the west. The cross access
agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the
Ada County Recorder's office prior to the City issuing a zoning certificate for this site.
14. Provide a revised landscape plan showing a five foot (5') wide landscape island on the north side of
the trash enclosure. The proposed plant material shall be comprised of sixty percent (60%) evergreen
plant material so as to be incompliance with Eagle City Code. The revised landscape plan shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
15. Provide detailed cut sheets of all site furnishings (Le.: bike racks. benches, trash receptacles, etc.)
showing the style. colors. sizes. etc. The detailed cut sheets shall be reviewed and avvroved by staff
prior to the City issuing a zoning certificate for this site.
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16. An entry statement at the northwest comer of State Highway 44 and Edgewood Lane is required with
this application. The ap~licant shall work with the City of Eagle. the Eagle Arts Commission. and/or
the Eagle Design Review Board to provide a display area for the Eagle Arts Commission. downtown
business identification signage. enhanced landscaping. etc. A revised site. landscape. and detailed
drawings (if applicable) shall be reviewed and approved by staff and two (2) 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.
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 flfSt.
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 flfSt 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
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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 flfSt. 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
flfst. 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 fife 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 flfst.
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 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
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 first.
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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 rust.
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 rust.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 8, 2004.
2. Requests for agencies' reviews were transmitted on April 19, 2004, 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
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(DR-38-04) 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 recommends that the entry statement required at the northwest comer of State Highway 44
and Edgewood Lane not be to the scale and/or magnitude that the developments at each of the corners
of State Highway 44 and Eagle Road where required to provide. This recommendation is due to the
size of this development being a much smaller scale than the developments located at the intersection
of State Highway 44 and Eagle Road.
5. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the Mixed Use (MU) zoning district.
DATED this 8 day of July 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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