Findings - DR - 2004 - DR-88-04 - Convert A 3894 Sq' Church Into Restaurant, Office, And Dance Facility/500 Sq' Additio
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONVERT A
CHURCH INTO A RESTAURANT AND OFFICE
FACILITY FOR JEREMIAH PROPERTIES
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-88-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 9, 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:
Jeremiah Properties, represented by James Gipson with James Gipson Associates, is requesting
design review approval to convert a 3,894-square foot church into a restaurant, office, and dance
facility, including a 500-square foot building addition. The site is located on the west side of
South Eagle Road approximately ISO-feet south of State Street at 93 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 30, 2004.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 26, 2002, the Eagle City Council reviewed and approved a design review
application for a deck and building addition with a change of use to include a coffee bar (DR-48-
02).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business District CBD (Central Business Church facility
District
Proposed No Change CBD (Central Business Dance, Restaurant, and
District Office building
North of site Central Business District CBD (Central Business Vacant service station
District
South of site Central Business District R-4 (Residential) Single family residence
East of site Central Business District CBD (Central Business Eagle Road/Single family
District residences
West of site Central Business District CBD (Central Business Vacant gravel lot
District
G. DESIGN REVIEW OVERLAY DISTRICT: This site is within the DDA (Downtown Development
Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 3,984-square foot building on this site
with a paved parking area located on the south side of the building. There are several existing
trees on this site.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.46-acres (20,380-square feet) O.Ol-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 18% (approximately) 40% (minimum)
Building Coverage 92% (maximum)
Percentage of Site Devoted to 33% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 17 -parking spaces 22-parking spaces (minimum)
Front Setback 27-feet (east) O-feet
lO-feet (maximum)
Rear Setback 44-feet (west) O-feet (minimum)
Side Setback 61-feet (south) O-feet (minimum)
Side Setback 30-feet (north) O-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a restaurant and office facility.
Height and Number of Stories of Proposed Buildings: Forty two feet (42') in height, two stories.
Gross Floor Area of Proposed Buildings: 4,395-square feet
On and Off-Site Circulation:
A 5,9S0-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is to be located on the east side of this site approximately 21-feet
north of the northwest corner of the intersection of Eagle Road and Aikens Road providing access
to Eagle Road. One 21 Y2-foot wide driveway is to be located on the west side of this site
approximately 5-feet east of the west property line providing access to Aikens Road.
K. BUILDING DESIGN FEATURES:
Roof: Architectural Fiberglass shingle roof
Walls: Hardboard lap siding, Hardboard shingle siding
Windows/Doors: Existing to remain, vinyl frame double pane to replace chapel area windows
Fasciaffrim: Painted wood
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are several existing trees on this site
which the applicant will retain.
Tree Replacement Calculations: N/A
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Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is to install two (2) street trees adjacent to Eagle Road as well as two
(2) street trees to be installed adjacent to Aikens Street. Per Eagle City Code, street trees are to be
spaced thirty five feet (35') on center.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping will be installed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 8% will be installed.
M. TRASH ENCLOSURES:
One 70-square foot trash enclosure is to be located near the southwest comer of this site
approximately 25-feet north of the driveway on Aikens Street. The enclosure is to be constructed
of siding and trim with similar gates all of which will match the materials and colors used in the
construction of the building.
N. MECHANICAL UNITS:
The applicant is to use ground mounted mechanical units. The ground mounted mechanical units
will be screened by a screen wall that matches the materials and colors used in the construction of
the building.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE: N/A
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: N/A
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-3
If any provision of this article is found to be in conflict with any other provision of any zoning,
building, fire safety or health ordinance or other provision of this code, the provision which
establishes the higher and/or more restrictive design standard shall prevail. However, in order
to foster rehabilitation of older districts and comply with unforeseen future needs of the
overlay districts, the city council may, at their discretion, suspend or relax some or all
requirements found in this code, if the city council determines a particular site, setting, or use
to be of historical significance.
.
Eagle City Code Section 8-2A-6(A)(5)(b)
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(C)(2)(f)
Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum
of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five
percent (25%) glass. The front of any building is the facade that fronts upon any street.
.
Eagle City Code Section 8-2A-6(C)(3)(a)
Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum of ten feet (10').
.
Eagle City Code Section 8-2A-6(C)(3)(b)
Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
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.
Eagle City Code Section 8-2A-6(C)(3)(f)
Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and a
maximum of ninety five percent (95%) in which case off site parking shall be provided for.
The lot coverage requirement may be waived if development of the lot as a parking lot is
reviewed by the design review board and is approved by the council. Furthermore, the
minimum lot coverage requirement may be reduced by the council for the purpose of
providing adequate on site parking in accordance with the provisions of this title for structures
that include residential uses on floors other than the ground floor.
.
Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum of ten feet (10') wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a "running bond" brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having jurisdiction.
A reduced sidewalk section may be permitted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk be
reduced to less than six feet (6') in width.
.
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
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches l.Sx caliper of tree removed
12 1/4 inches or more 1 x caliper of tree removed
.
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 C 1 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)
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.
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 8-4-4-3
JOINT/COLLECTIVE PARKING FACILITIES:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the
peak demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide
documentation showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown
by the applicant.
3. The city may require the applicant to submit survey data, or additional
documentation substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the
use is located, but shall be located no further than that permitted by subsection 8-4-4-
lA of this chapter.
S. The spaces to be provided shall be available as long as the uses requiring the spaces
are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder
and copies thereof filed with the zoning administrator prior to issuance of a
building/zoning permit, or prior to issuance of a certificate of occupancy, whichever
occurs first. The agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will
create a greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those
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originally approved upon findings by the city council that adequate parking to
serve the uses has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city
in an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces
to be provided not exceeding twenty percent (20%) of the sum of the number of
spaces required for each use only if the provisions of this chapter have been met. The
maximum allowable reduction in the number of spaces to be provided shall not exceed
twenty percent (20%) of the sum of the number required for each use served unless a
conditional use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
.
Eagle City Code Section 8-4-4-5
PARKING IN LIEU PAYMENTS:
Within the central business district, as defined by the City of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use, the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty (20) spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
.
Eagle City Code Section 8-4-5
Offices, business and professional
Personal improvement
1 per 250 square feet of gross floor area
1 per 250 square feet of gross floor area
Restaurants, dining rooms, taverns nightclubs, etc. 1 per 150 square feet of gross floor area;
plus 1 per 35 square feet dance floor
C. DISCUSSION:
.
The church was originally constructed in 1896 on Edgewood Lane. In the fall of 1906 the church
facility was moved to its present location on Eagle Road on land donated by Tom Aiken. This
building is considered a historic landmark within the City of Eagle. It is the applicant's intent to
preserve the historical character of the original church. The applicant is proposing a building
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addition near the northwest comer of the building which will match the existing design and
materials used in the original building.
The east building elevation has approximately twenty five (25%) glass and the south building
elevation has approximately nineteen percent (19%) glass. Eagle City Code requires all building
within the DDA (Downtown Development Area) to include a "store-front" on the ground floor
consisting of a minimum of fifty percent (50%) glass.
The building is located twenty seven feet (27') from the east (front) property line, sixty one feet
(61') from the south property line, and thirty feet (30') from the north property line. Eagle City
Code requires buildings in the DDA to have front building elevations setback from the property
line a minimum of zero feet (0') to a maximum of ten feet (10') and side building setbacks from
the property line to be zero feet (0') so as to tie into adjoining structures.
The footprint of the existing building with the proposed building addition covers approximately
eighteen percent (18%) of the lot. Eagle City Code requires building in the DDA to have a
minimum lot coverage of forty percent (40%) and a maximum of ninety five percent (95%) by the
footprint of the structure,
.
Per Eagle City Code, in order to foster rehabilitation of older districts and comply with unforeseen
future needs of the overlay district, the City Council may, at their discretion, suspend or relax some
or all requirements found in this code, if the City Council determines a particular site, setting, or
use to be of historical significance. The location of the building is nestled in an area that maybe
considered unique due to its location in the downtown and its close proximity to Orville Jackson's,
located less than two hundred feet (200') to the northeast. Pervious City Council action has
determined, on similar applications, that the Design Review Ordinance regarding setbacks, lot
coverage, and glazing was to apply to new structures and additions, and that is was not the intent
of the City to require existing historic structures to be rebuilt to meet the setback and lot coverage
requirements. Pursuant to past action of the City Council, setbacks, lot coverage, and glazing for
existing structures have been waived in order to maintain the distinctive look of the downtown of
Eagle. The Design Review Board should determine whether the setbacks, lot coverage, and
glazing as required by Eagle City Code should be complied with in the renovation of this structure
or if they should be waived to accommodate the existing historic structure.
The existing spire on the east side of the building is forty two feet (42') in height. Eagle City
Code restricts the height of all building within the DDA to a maximum height of forty feet (40').
Per Eagle City Code, in order to foster rehabilitation of older districts and comply with unforeseen
future needs of the overlay districts, the City Council may, at their discretion, suspend or relax
some or all requirements found in this code, if the City Council determines a particular site,
setting, or use to be of historical significance. As previously mentioned in the discussion
regarding setbacks, lot coverage, and glazing it may be considered that because this building is of
historic significance and since the spire is an existing feature on the building, a height exception
may be considered without required the applicant to obtain a conditional use permit for the height
exception.
.
Seventeen (17) parking spaces have been proposed with this application. Per Eagle City Code, the
required parking spaces for personal improvement and office is one (1) parking space per two
hundred-fifty (250) square feet of gross floor area, while the required parking spaces for a
restaurant use is one (1) parking space per one hundred-fifty (150) square feet of gross floor area.
The building will be 4,39S-square feet with the proposed building addition, of that 1,OS4-square
feet of the building is to be used for restaurant purposes while the remaining 3,341-square feet is
to be used for personal improvement and office uses. With the above mentioned uses, the
applicant is required to provide twenty two (22) parking spaces on-site. Per Eagle City Code, the
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applicant is required to enter into a joint/collective parking agreement or provide a cash in lieu
payment to the City for the five (5) additional parking spaces required on this site. Should the
applicant choose to provide a cash in lieu payment to the City for the five (5) parking spaces, a
total of $34,200.00 is required to be paid to the City (based on $5,700.00 per parking space). The
joint/collective parking agreement should be reviewed and approved by the Zoning Administrator
or the cash in lieu payment should be submitted to the City prior to the City issuing a zoning
certificate for this site.
.
The applicant has proposed a five foot (5') wide landscape buffer to be constructed between the
parking lot and Aikens Road. The Ada County Highway District is requiring an additional six feet
(6') of right-of-way be dedicated from this site for Aikens Road. Per Eagle City Code, the
applicant is required to provide a ten foot (10') wide minimum sidewalk abutting Aikens Road.
The above mentioned street improvements greatly impact this site which reduces the amount of
space the applicant has on site to provide parking improvements. The applicant has proposed
planters between the back of sidewalk and the south parking spaces within the parking lot to
provide a small landscape buffer. These proposed landscape planters do not meet Eagle City
Code, yet do provide a small landscape buffer between the right-of-way and the parking lot. Due
to the historic significance of this building, it is staff s opinion that the reduced landscape buffer
between the parking lot and Aikens Road should be approved.
Staff defers comment regarding building design and colors to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 9, 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 (Barnes absent) to approve DR-88-04 for a design review application to
convert a church into a restaurant and office facility for Jeremiah Properties, 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. Enter into a joint/collective parking agreement or provide a cash in lieu payment to the City for the five
(5) parking spaces required on this site with the proposed building addition. Should the applicant
choose to provide a cash in lieu payment to the City for the five (5) parking spaces not constructed on
this site a total of $28,500.0031,200.00 is required to be paid to the City (based on $5,700.00 per
parking space). A joint/collective parking agreement shall be reviewed and approved by the Zoning
Administrator and recorded in the Ada County Recorder's office or the cash in lieu payment in the
amount of $28,500.0031,200.00 shall be submitted to the City prior to the City issuing a zoning
certificate for this site.
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2. Remove all utility poles and install the power/phone lines underground. The utility poles and overhead
power/phone lines shall be removed and installed underground prior to issuance of a certificate of
occupancy for this building.
3. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the tree or at the drip line of the tree (whichever is furthest» to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. Cups or dams should be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever should take place
within the drip line of the trees.
4. Provide detailed elevation plans showing the materials and colors to be used in the construction of the
trash enclosure and gates. The detailed elevation plans shall be reviewed and approved by staff prior
to the City issuing a zoning certificate for this site.
5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer (i.e.: drainage).
7. No signs are proposed with this application. A separate design review application is required for the
approval of any signs to be located on this site.
8. Provide a revised landscape plan combining the landscape plan showing the parking lot and
streetscape (date stamped by the City on September 3, 2004) and the landscape plan showing the plaza
area located near the northeast comer of the building (date stamped by the City on September 7, 2004).
The combined landscape plan shall show the streetscape along South Eagle Road with a ten foot 00')
wide sidewalk with stamped brick borders pursuant to that which is required within the EASD book.
The revised landscape plan 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.
9. Any sculptures proposed to be located within the plaza area shall be reviewed and approved by the
Eagle Arts Commission prior to any sculpture being installed.
10. Provide material and color samples to be used in the construction of the walls proposed within the
plaza area. The material and color samples 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.
11. Provide a revised landscape plan showing the location of all existing plant material and how it will be
incorporated into the new 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:
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.
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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.
S. 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 flISt.
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 rust.
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
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lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a 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
Ri ver Flood Plain (if applicab Ie) 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.
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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 July 30, 2004.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-88-04) 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.
3. 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.
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DATED this 23rd day of September 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 15 of 15
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