Findings - DR - 2004 - DR-66-04 - Construct A 2-Story 5750 Sq' Multi-Tenant Office Building/675 E. State Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICA nON FOR A DESIGN)
REVIEW TO CONSTRUCT A TWO STORY MUL TI- )
TENANT OFFICE BUILDING FOR SCOTT SNYDER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-66-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 22, 2004, and August 12,2004. The Board continued the item to August 26,2004, 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:
Scott Snyder is requesting design review approval to construct a two (2) story, 5,750-square foot
multi-tenant office building. The site is located south of East State Street at 675 East State Street,
approximately 225-feet west of Palmetto A venue (Lot 1, Block 1, Periwinkle Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 28, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 23, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 19, 2000, the Eagle City Council approved a design review application for the
Washington Federal Savings facility with drive-up service (DR-48-00).
E. COMPANION APPLICATIONS: DR-67-04 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Central Business District CBD (Central Business Vacant
District)
Proposed No Change No Change Two Story Multi-tenant
Office Building
North of site Central Business District CBD (Central Business Eagle Medallion
District) Professional Offices
South of site Central Business District CBD (Central Business Peregrine Cove Apartments
District)
East of site Central Business District CBD (Central Business Washington Federal
District) Savings Bank facility with
drive-up service
West of site Central Business District CBD (Central Business Eagle Professional Plaza
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the CEDA (Community Entry
Development Area).
H. EXISTING SITE CHARACTERISTICS: N/A
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 19,462-square feet (0.447 -acres) 500-square feet (0.0 I-acres)
Percentage of Site Devoted to 25% (approximately) 85% (maximum) *
Building Coverage 20% (minimum) *
Percentage of Site Devoted to 10% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 23-parking spaces 23-parking spaces (minimum)
Front Setback 31-feet (north) 20-feet (minimum)*
Rear Setback 55-feet (south) O-feet (minimum)
Side Setback 8 1/2-feet (east) 10-feet (minimum) *
Side Setback 20-feet (west) lO-feet (minimum) *
* Note: As required within the CEDA (Community Entry Development Area).
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an office.
Height and Number of Stories of Proposed Buildings: 28-feet, two stories.
Gross Floor Area of Proposed Buildings:
First Floor = 4,747 -square feet
Second Floor = 1,003-square feet
Total = 5,750-square feet
On and Off-Site Circulation:
A 12,870-square foot (approximately) paved parking lot will provide parking for vehicles using
this site. No direct lot access to East State Street is permitted with this application as noted within
the plat of Periwinkle Subdivision. One 24-foot wide cross access driveway is to be located near
the northeast comer of this site and an other 24-foot wide cross access driveway is to be located
near the southeast comer of this site, both providing access to the north/south access driveway on
the east side of the Washington Federal Savings bank facility. No driveway has been defined on
the west property line, as the applicant of this site is working with the owner of the adjacent site to
provide a full 24-foot drive aisle that will access both sites.
K. BUILDING DESIGN FEATURES:
Roof: Metal roof (gray), flat roof
Walls: Stucco (off white)
Windows/Doors: Metal (aluminum)
Fascia/Trim: Metal, wood, and stucco (gray)
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): To be reviewed by the Design Review Board
Street Trees: The applicantwill install four (4) street trees adjacent to East State Street. Two (2)
trees will be installed on the north side and two (2) trees will be installed on the south side of the
meandering sidewalk.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping will be installed on the north, east, and south property
lines. Continuous landscaping has not been proposed on the west property line
because this site will be integrated with the property to the west.
b. Interior Landscaping: 8% interior landscaping is required, 6.2% is proposed.
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M. TRASH ENCLOSURES:
One 64-square foot trash enclosure will be located near the southwest comer of the building
approximately 58-feet north of the south property line and I3-feet east of the west property line.
The enclosure will be constructed of stucco walls and a metal gate, all of which will match the
colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
will be screened by a screen wall and landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-67-04) 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.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from 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
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:
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Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on July 12,2004 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 Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
I may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD book will
not be considered. A copy of the EASD book is available at Eagle city hall.
.
Eagle City Code Section 8-2A-7(J)(2)(a)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
.
Eagle City Code Section 8-2A-7(J)(3)(a)
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
.
Eagle City Code Section 8-2A-7(K)(2)
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
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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.
(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. (Ord
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.
.
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
21 - 50
51 +
Percent Of Total Area Of
A Lot That Must Be An
Interior Landscaped Area
5 percent
8 percent
10 percent
.
Eagle City Code Section 8-4-3(E)
Compact Spaces: A maximum of thirty percent (30%) of the total spaces provided may be
designed, designated and used for compact size vehicles. The minimum standards for
compact vehicle spaces and driveways are set forth in subsection 8-4-4-2F of this chapter.
Compact spaces shall be located along the perimeter of the parking lot or in those areas most
distant from the structure or use being served. Parking areas immediately adjacent to or
within close proximity to the building entrances shall be designated for standard (full size)
spaces. Compact spaces shall be clearly marked as such on the pavement or curb. Surplus
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parking spaces (those spaces that exceed the minimum number required by this title) shall
also comply with the thirty percent (30%) maximum per total number of spaces permitted for
compact spaces. The allowed percentage of compact spaces may only be increased by
conditional use approval from the city council.
C. DISCUSSION:
.
The applicant is proposing to construct the trash enclosure near the southwest comer of the
building. The plant material indicated to be planted around the base of the trash enclosure consists
of Oregon grape, mixed hosta, and daylilies. Per Eagle City Code, the buffer area around the trash
enclosure is to be comprised of, but not limited to, a mix of evergreen and deciduous tree, shrubs,
and ground cover in which evergreen plant materials comprise a minimum of sixty percent (60%)
of the total plant material used. The applicant should be required to provide a revised landscape
plan indicating evergreen plant to be incorporated within the landscape buffer around the trash
enclosure. The revised landscape plan should be reviewed and approved by staff and one member
of the Design Review Board prior to the City issuing a zoning certificate for this site.
The applicant has indicated on the landscape plan, date stamped by the City on July 15,2004, a
five foot (5') wide landscape strip to be planted along the north side of the drive aisle on the north
side of the building. The plant material that has been proposed within the landscape strip consists
of twenty four (24) daylilies and eleven (11) carpet rose. Eagle City Code requires a landscape
strip to be planted when a parking lot is located adjacent to a public right of way. The landscape
strip is to shield the views of parked cars to passing motorists and pedestrians, and to establish
coordination among architecturally diverse buildings, which creates pleasing, harmonious
appearance along the roadway. The applicant should be required to provide a revised landscape
plan showing plant material that will grow to a height and size that will screen the view of the
parked cars on the north side of the building from passing motorists and pedestrians along State
Street. 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 has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
parcels. 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 require
extensive landscaping to buffer the parking lot from the public right-of-way that the applicant
should not be required to provide a perimeter landscape strip on the west property line.
The site and landscape plans date stamped by the City on July 15, show six percent (6%)
landscaping to be located within the parking lot of this site. Per Eagle City Code, a parking lot
with twenty-one to fifty (21 - 50) parking spaces is required to provide a minimum of eight percent
(8%) interior landscaping within the parking lot. The applicant should be required to provide a
revised landscape plan showing a minimum of eight percent (8%) interior landscaping within the
parking lot. The revised landscape plan should be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
.
.
The applicant is proposing to construct twenty three (23) parking spaces with this development of
which eight (8) are proposed to be compact parking spaces. Per Eagle City Code, a maximum of
thirty percent (30%) of the total spaces provided may be designed, designated and used for
compact size vehicles. The applicant should be required to provide a revised site plan showing
only seven (7) of the twenty three (23) parking spaces are compact parking spaces. The revised
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site plan 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.
.
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 July 22, 2004, and August
12, 2004. The application was continued to August 26, 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 to approve DR-66-04 for a design review application to construct a two
story multi-tenant office building for Scott Snyder, 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 landscape plan date stamped by the City on August 17, 2004, showing the landscape buffer
around the trash enclosure is approved. Provide a Fe'lised laHàseape plaH iHàieatiHg a miHiml:lm of
siKty perceRt (60%) evergreen plant to be iHeorporated '.vithiR the laHdseape büffer arol:lnd the trash
eRclosl:lre. The revised laHdscape plafl shall be r-eyie'.ved aHd afJl"roved by staff aHd ORe member of the
DesigR Review Boar-d prior to the City issHiHg a zoniRg eertificate for this site.
2. The landscape plan date stamped by the City on August 17, 2004, showing the plant material between
the parking lot and East State Street is approved. Provide a revised laRdscal"e plafl showiHg plaRt
material that will grow to a Height and size that will screeH the view of the parked cars on the Horth
side of the buildiHg from passiHg motorists aflà l"edestriaHs aloHg State Stmet. The revised landscape
plan shall be reviewed and appro','ed by staff aRd ORe member of the DesigH Review Board prior to the
City issuiRg a zoRiHg eertificate f{)r this site.
3. Provide a revised landscape plan showing a minimum of eight percent (8%) interior landscaping
within the parking lot. 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.
4. The site plan date stamped by the City on August 17, 2004, showing a maximum of seven (7) compact
parking spaces is approved. Provide a myiseà site plan showiRg a maximHm of seveR (7) of the tweHty
three (23) parkiRg spaces to be compact parkiHg spaces. The revised site plaH shall be re'iiewed aad
approved by staff prior to the City isSl:liHg a zoRiRg certificate for this site.
5. Provide cross-access agreements between this site and the properties to the east and west. The cross
access agreements 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.
6. Provide a copy of a license agreement from the Ada County Highway District allowing any
improvements to be constructed or placed within the right-of-way of State Street. The license
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agreement shall be submitted to the City prior to the City issuing a zoning certificate for this site.
7. The landscape plan and detailed cut sheets date stamped by the City on August 17, 2004, showing the
bike rack is approved. Provide detailed Cl:lt sheets showiHg the style aRd color of the proposed bike
rack. The detailed Cüt sheets shall be reviewed aHd approved by staff prior to the City isSl:liRg a zaRing
certificate for this site.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
10. No signs are proposed with this application. A separate design review application (DR-67-04) 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.
11. Provide a revised landscape plan showing the aerial planters with plant material of a year round variety
(i.e.: Purple Leaf Euonymus, Honeysuckle, Virginia Creeper, etc.). 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.
12. Provide revised building elevations showing the colors of the building to be of warmer tones. The
revised colors and a sample of the stucco texture 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.
13. Provide revised elevation plans showing the cantilever roof over the deck to be of a shorter distance.
The revised elevation plans 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.
14. Provide a revised landscape plan showing the transformer located near the northwest comer of the
property to be screened by landscaping. 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.
STANDARD CONDITIONS OF APPROVAL:
I. 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.
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6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
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
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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 flrst.
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.
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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 May 28, 2004.
2. Requests for agencies' reviews were transmitted on June 23, 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
(DR-66-04) 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. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (Central Business District) zoning district.
DA TED this 9th day of September 2004.
.JR ~ \<- ß,~
Shar~n K. Bergmann, Eagle Ci y Clerk
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