Findings - DR - 2005 - DR-31-05 - Common Area Landscaping In Rocky Mt. Business Park No 3/1189/1267 E Iron Eagle Dr
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN ROCKY MOUNTAIN
BUSINESS PARK NO.3 FOR DAVE EVANS
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-31-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 14,2005. 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:
Dave Evans Construction, represented by Travis Burrows with Dave Evans Construction, is
requesting design review approval of the common area landscaping within Rocky Mountain
Business Park No.3 (a re-subdivision of Lot 5, Block 3, of Merrill Subdivision No.1, and Lots 6,
7, and 8, Block 3, of Merrill Subdivision No.2). The 4.3-acre site is located on the south side of
East Iron Eagle Drive approximately 300-feet east of South Fitness Place at 1189 and 1267 East
Iron Eagle Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 5,2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 10, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky Mountain
Business Park consisting of 26 lots on approximately 40-acres. (CU-4-98/ PPUD-I-98/ PP-3-98)
On June 8, 1999, the Eagle City Council approved the final plats for Rocky Mountain Business
Park No.1 and 2. (FPUD-2 & 3-99 & FP- 7 & 8-99)
On April 26, 2005 the Eagle City Council approved a preliminary/final plat for Rocky Mountain
Business Park No.3 (PP/FP-OI-05).
E. COMPANION APPLICATIONS:
DR-32-05 (Design Review Signage, Lot 1)
DR-33-05 (Design Review Building, Lot 1)
DR-34-05 (Design Review Signage, Lot 5)
DR-35-05 (Design Review Building, Lot 5)
DR-36-05 (Design Review Building, Lot 6)
DR-37-05 (Design Review Signage, Lot 6)
DR-38-05 (Design Review Signage, Lot 7)
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DR-39-05 (Design Review Building, Lot 7)
DR-40-05 (Design Review Signage, Lot 9)
DR-41-05 (Design Review Building, Lot 9)
DR-42-05 (Design Review Signage, Lot 10)
DR-43-05 (Design Review Building, Lot 10)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use (MU) Mixed Use Vacant Lots
Proposed No Change No Change Commercial Development
North of site Mixed Use (MU) Mixed Use Commercial Business
South of site Public/Semi-Public / (MU-DA) Mixed Use with State Highway 44
Mixed Use development agreement Eagle River
East of site Mixed Use (MU) Mixed Use Coretronics
West of site Mixed Use (MU) Mixed Use Vacant Lot
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The street trees on the north side of the meandering sidewalk adjacent to East Iron Eagle Drive
have been installed. The ten foot (10') wide meandering pathway with some landscaping on the
south side of the pathway has been installed adjacent to State Highway 44.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 189,157-square feet (4.3-acres) 7,000-square feet (0.16-acres)
(minimum)
Percentage of Site Devoted to 23% (43,1 72-square feet) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 41 % (79,315-square feet) 10% (minimum)
Landscaping
Number of Parking Spaces 205 173-parking spaces for office,
Offices, business and professional business and professional
1 parking space per 250 square 216-parking spaces for office,
feet of gross floor area medical and dental
Offices, medical and dental - 1
parking space per 200 square feet
of gross floor area.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: 8 proposed commercial buildings
Height and Number of Stories of Proposed Buildings: 6 one-story buildings and 2 two-story buildings
Gross Floor Area of Proposed Buildings: 43, In-square feet.
On and Off-Site Circulation:
A 66,670-square foot (approximately) paved parking lot provides parking for vehicles using this
site. Two (2) twenty-five (25') foot wide driveways are proposed to be located on the north side of
this site approximately sixty (60') feet west of the eastern property line and one hundred twenty
feet (120') east of the western property line providing access to Iron Eagle Drive.
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
The applicant is proposing to protect the existing trees on the north side of the five foot
(5') meandering sidewalk adjacent to East Iron Eagle Drive and the trees located on the
south side of the ten foot (10') wide pathway adjacent to State Highway 44. The applicant
is proposing to transplant three (3) trees which are currently located in the area where the
driveway entrances on East Iron Eagle Drive are proposed.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
See attached Landscape Plan Review from the City Forester.
Street Trees:
The trees along East Iron Eagle Drive were installed by the developer of Rocky Mountain
Business Park.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping: Landscaping is proposed around the perimeter of the site.
b. Interior Landscaping: 10% interior landscaping is required. 6.57% is proposed.
L. TRASH ENCLOSURES:
Two (2) 96-square foot trash enclosures are proposed. One enclosure is proposed along the west
side of the site approximately two hundred twenty feet (220') south ofIron Eagle Drive. The
second enclosure is proposed one hundred feet (100') south of the east entrance from Iron Eagle
Drive in the landscaped area adjacent to the southwest comer of Lot 5. The enclosures are
proposed to be constructed of CMU with a stucco finish with vinyl gates all of which match the
colors used on the buildings.
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M. MECHANICAL UNITS:
All ground mounted transformers are required to be screened with landscaping.
N. 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 a zoning certificate.
O. SIGN AGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs. See 'Companion Applications' under Section E above.
P. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from 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.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S- SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - Street trees adjacent to East Iron Eagle and the pathway along State Highway
44 at the southern portion of the site.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
U. 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:
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
United Water
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V. LETTERS FROM THE PUBLIC: Keith Atkins, City Forester
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 (adopted September 14,2004) 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)(I) Site Design Objectives:
The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian,
and provide appropriate, safe parking lot design. Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
I. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
.
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 Eagle
City Code.
Eagle City Code Section 8-2A-7(K):
.
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to
screen parking areas (chainlink fencing shall not be pennitted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
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.
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Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: 1
slope) within a ten foot (10') wide landscaped strip between the right of way and
the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (G') 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)
(I) 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
21 - 50
51 +
Percent Of Total Area Of A Lot That Must Be An
Interior Landscaped Area
5 percent
8 percent
10 percent
b.
Additional Requirements:
(I) No interior planter shall be less than five feet (5') in any dimension.
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(2) No parking space shall be more than sixty feet (60') from an interior
landscaped area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended
as primary plantings in interior landscaped areas. Deciduous shade trees are to
be clear branched to a height of six feet (6').
(5) A terminal island for a single row of parking spaces shall be landscaped
with at least one tree and shrubs, ground cover, or grass. A terminal island for
a double row of parking spaces shall contain not less than two (2) trees and
shrubs, ground cover, or grass.
C. DISCUSSION:
.
The landscape plan date stamped by the City on June 24, 2005, shows parking adjacent to East
Iron Eagle Drive. Eagle City Cope provides options for fulfilling the requirement of screening
parking lots, which are placed adjacent to a public right of way, from view. The application
provided does not meet any of the four options to allow for parking adjacent to a public right of
way. The applicant should be required to provide a revised landscape plan for review and
approval by staff and one member of the Design Review Board showing this area designed in
compliance with Eagle City Code prior to the issuance of a zoning certificate.
The landscape plan indicates three (3) trees to be relocated on site. These trees are currently
located within the area of the proposed entrances to the development on Eagle Iron Eagle Drive.
The City Forester indicated that adequate evidence has not been shown as to how this proposal
will work. If the relocated trees do not survive in the new locations then replacement trees will
need to be planted in their place upon notification by the City Forester.
.
.
The terminus island located directly in front of the building proposed on Block 1, Lot 9, needs to
be moved one space to the east to meet Eagle City Code with regard to the requirement that no
parking space is to be located more than sixty feet (60') from an interior landscaped area. The
applicant should be required to provide a revised landscape plan showing this change for review
and approval by staff prior to the issuance of a zoning certificate.
On October 24, 2000, the Eagle City Council reviewed and approved the common area
landscaping within Rocky Mountain Business Park (DR-24-99 MOD). The approved landscape
plan date stamped by the City on October 5, 2000, shows eight (8) deciduous trees, nine (9)
ornamental trees, and six (6) evergreen trees to be located along the south side of the ten foot (10')
wide asphalt pathway adjacent to State Highway 44. The landscape plan submitted with this
application date stamped by the City on June 24,2005, shows twelve (12) existing trees (unknown
varieties), nine (9) deciduous, zero (0) ornamental, and seven (7) evergreen trees to be located on
the north and south sides of the ten foot (10') wide asphalt pathway. The applicant should be
required to provide a revised landscape plan showing a minimum of eight (8) deciduous, nine (9)
ornamental, and six (6) evergreen trees to be located on the north or south side of the ten foot (l 0')
wide asphalt pathway so as to comply with the required plants within the thirty five foot (35') wide
buffer adjacent to State Highway 44. The revised landscape plan should indicate all existing and
proposed planting varieties and should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of zoning certificate
.
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.
The applicant is proposing a total of 205-parking spaces located within Lot 2, Block 1, of Rocky
Mountain Business Park No.3. The proposed buildings in this development contain a total of
approximately 43, 172-square feet. The parking requirements for this development, based upon the
total square footage of all proposed buildings, would be 216-parking spaces for office,
medicaVdental office or 173-parking spaces for office, business and professional. If all of the
proposed buildings located in this development were to become medical offices or if any building
were to be used as a restaurant the number of proposed parking spaces provided would not be
ample enough to accommodate the development as defined by Eagle City Code; therefore the
square footage of proposed buildings should be reduced so that the number of required parking
places could be provided.
A shared parking agreement between the business owners within the development as well as a
cross access agreement between the developer and the property owners of the lots to the east and
west shall be shall be reviewed and approved by the Zoning Administrator and shall be recorded in
the Ada County Recorder's office prior to the issuance of a zoning certificate.
.
.
The applicant has proposed parking spaces on west side of the westerly driveway. The placement
of these spaces raise question as to the safety of backing or congestion at the entrance while a
vehicle is backing from the provided spaces. These spaces are also directly west of the entrance to
the northern most parking area, which runs adjacent to East Iron Eagle Drive. These spaces will
more than likely cause congestion at the west entrance to the site; therefore the proposed spaces
should be eliminated and incorporated into the landscaping plan.
The landscape plan date stamped by the City on June 24, 2005, shows 6.57% (4,380-square feet)
interior landscaping within the parking lot. Per Eagle City Code, a parking lot with fifty (50) or
more parking spaces is required to provide a minimum of ten percent (10%) interior landscaping
within the parking lot. The applicant should be required to provide a revised landscape plan
showing a minimum of ten percent (10%) interior landscaping within the parking lot. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
.
STAFF RECOMMENDATION:
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 below.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on July 14, 2005, at which
time the Board made their decision.
B- Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Bowen, Floegel, and Zastrow absent) to approve DR-31-05 for a design
review application for common area landscaping within Rocky Mountain Business Park No.3,
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- Comply with the conditions of PP/FP-I-05 (preliminary plat and final plat of Rocky Mountain
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Business Park No.3).
2. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
3. Provide a revised landscape plan meeting one of the options of Eagle City Code Section 8-2A-7(K)(2)
for parking lot landscaping strips. 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.
The landscape plan shall specifically address the parking area immediately adjacent to East Iron Eagle
Drive.
4. Provide a revised landscape plan showing a minimum of eight (8) deciduous trees, nine (9) flowering
trees, and six (6) evergreen trees planted along the north and south sides of the ten foot (10') wide
pathway adjacent to State Highway 44 to comply with (DR-24-99 MOD). The revised landscape plan
shall indicate all existing and proposed planting varieties and 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 all terminal islands within the parking area to contain at
least one tree with shrubs, ground cover, or grass. The terminal island for a double row of parking
spaces shall contain not less than two (2) trees with shrubs, ground cover, or grass. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
6. Provide a revised landscape plan showiFlg a miFlimum of 10% iFlterior laFldscaping. The revised
laFldscape plaFl shall be reviewed and appro','ed by staff aIld ORe member of the DesigFl Revie'N Board
prior to the issl:laFlcø of a zoRiRg certificate.
7. All parking lot improvements (i.e.: asphalt, curb, drainage, landscaping, etc.) shall be completed prior
to the City issuing a Certificate of Occupancy for any building within this development.
8. Provide a revised master site and landscape plan showing the elimination of the three spaces
contiguous to the northeast comer of Lot 1, Block 1. The spaces removed shall be coordinated into the
revised landscape plan as landscaped area. The revised master site and landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a
zoning certificate.
9. The terminus island located directly in front of the building proposed on Block 1, Lot 9,shall be
relocated to meet Eagle City Code with regard to the requirement that no parking space shall be
located more than sixty feet (60') from an interior landscaped area. The revised master site and
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
10. The buildings shall be placed at varying angels facing the abutting road rights-of-way to alleviate any
walled corridor effect. The criteria to meet this requirement shall be established by the Design Review
Board and City Council.
11. 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 issuance of a zoning certificate.
12. Provide a joint parking agreement that shall be signed by all tenant/owners of businesses within Rocky
Mountain Business Park No.3. The joint parking agreement shall be reviewed and approved by the
Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the issuance
of a zoning certificate.
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13. Work with the gas, electrical and phone companies to provide screening of any proposed gas
regulation stations, electrical transformers and phone distribution boxes with landscaping on the non-
operational sides to provide screening of that equipment from view. The applicant shall be required to
provide a revised landscape plan showing the plant material planted around the equipment. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
14. No signs are proposed with this application.
15. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
ST ANDARD 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 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
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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
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, recrealion and river access easements (if applicable) shall be approved by the Eagle City
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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.
23. Any change by the applicant in the planned use of the propel1y 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 05, 2005.
2. Requests for agencies' reviews were transmitted on May 10, 2005, 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-31-05) 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 MU (Mixed Use) zoning district.
DATED this 28th day of July 2005.
DESIGN REVIEW BOARD
OF THE ITY OF EAGL
Ada r
ATTEST:
Ä{~,-- h..&~
Sharon K. Bergmann, Eagle City Clerk
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