Findings - DR - 2005 - DR-62-05 - Construct A 9934 Sq' Building Addition To The 36,330 Sq' Church Facility/1001 W. Stat
BEFORE THE EAGLE DESIGN RIWlEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A BUILDING ADDITION )
TO THE EAGLE CHURCH OF THE NAZARENE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-62-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 11,2005. 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:
The Eagle Church of the Nazarene, represented by Paul Tjelta with Design West Architects, is
requesting design review approval to construct a 9,934-square foot building addition to the
36,330-square foot church facility. The site is located on the south side of West State Street
approximately 3,200-feet west of Eagle Road at 1001 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle recei ved the application for this item on July 7, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 21, 2005, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 26, 1999, the Eagle City Council approved a conditional use permit to construct a
building expansion to the Eagle Church of the Nazarene building (CU-6-99).
On October 5, 1999, the Eagle City Council approved a design review application to construct a
building expansion to the Eagle Church of the Nazarene building (DR-29-99).
On November 27, 2001, the Eagle City Council approved a design review application to modify
the approved landscape plan for the Eagle Church of the Nazarene (DR-29-99 MOD).
E. COMPANION APPLICATIONS: CU-1O-05/V-I-05 (conditional use permit and variance applications)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Residential Four (up to R-4 (Residential) Church
four units per acre)
Proposed No Change No Change No Change
North of site Residential Four (up to R-4 (Residential) Residential! Agricu I tu ral
four units per acre)
South of site Residential Four (up to R-4 (Residential) State Highway 44
four units per acre)
East of site Residential Four (up to R-4 (Residential) Residential
four units per acre)
West of site Residential Four (up to R-4 (Residential) Residential
four units per acre)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing 36,330-square foot building on the site with recreation fields to the
east and south of the building.
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 21.3S-acres (931,312-square feet) O.lS-acres (S,OOO-square feet)
(minimum)
Percentage of Site Devoted to 4% (approximately) 40% (maximum)
Building Coverage
Percentage of Site Devoted to 67% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 54-parking spaces for this 54-parking spaces for this
addition addition
233-parking spaces total 234-parking spaces total
Front Setback 220-feet (north) 20-feet (minimum)
Rear Setback nO-feet (south) 25-feet (minimum)
Side Setback 210-feet (west) 7.5-feet (minimum)
Side Setback 215-feet (east) 7.5-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building, church facility.
Height and Number of Stories of Proposed Buildings: 35-feet, two stories.
Gross Floor Area of Proposed Buildings:
Existing Proposed
1 sl floor = 28, 130-square feet 7,290-square feet
2nd floor = 8,200-sQuare feet 2,644-square feet
Total = 35,420-square feet 10,844-square feet
Total square footage of building = 46,264-square feet
On and Off-Site Circulation:
A 106,320-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway is located approximately 30-feet west of the eastern property line
and a 30-foot wide driveway is located 360-feet east of the western property line to provide this
site access to West State Street.
K. BUILDING DESIGN FEATURES:
Roof: Membrane and asphalt shingle
Walls: 16% - Split face eMU (beige), 84% - Smooth face CMU painted (beige), 44% - Stucco
Windows/Doors: Dark Bronze frames
Fascia/Trim: Metal (color a shade darker than accent CMU color)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees on this site that
the applicant is proposing to retain.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant has approximately six hundred-sixty five (665) linear feet of frontage
of which three hundred-eighty five (385) linear feet has had street trees installed on both the north
and south sides of the meandering sidewalk.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required. 10% is proposed.
M. TRASH ENCLOSURES: Existing
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N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet wall of the building. No ground mounted mechanical units
are proposed and none are approved.
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. SIGN AGE:
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:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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 - The majority of this area is designated as a Hazard
Area and Special Area in the Comprehensive Plan
Evidence of Erosion - no
Fish Habitat - Not known
Floodplain - 100 year
Floodway - Yes
Mature Trees - Yes
Riparian Vegetation - Yes
Steep Slopes - no
Stream/Creek - Dry Creek
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat - Yes
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
BFI
Central District Health
Chevron Pipeline
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Department of Environmental Quality
Eagle Fire Department
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated July 28, 2005 (incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 7 - Natural Resources and Hazard Areas
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within
the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when
deemed necessary.
Areas of flooding consists of two parts: (I) the flood way which is the most severe area of
flooding characterized by deep and fast moving water; and (2) the floodplain which is less
severe than the flood way and is characterized by shallower and slower moving waters at
the time of flooding.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are nonmotorzed multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.: the
Boise River and Dry Creek) and are designed
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.
. Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
b. The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
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wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
. Eagle City Code Section 8-2A-6(A)(6)(c, d, and e)
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment, to provide shadow
relief. A void monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
. Eagle City Code Section 8-2A-6(B)(I)(g)
Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for
accent only, ten percent (10%) maximum wall coverage (per each facade);
. Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection Cl of this section.
. Eagle City Code Section 8-2A-7(M)(1 and 2)
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Meandering sidewalks shall be required
when space permits. An average five foot (5') wide minimum parkway planter strip planted
with shade class (class II or class III) trees shall be required between the sidewalk and street to
provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five (35)
linear feet of street frontage.
. Eagle City Code Section 8-3-6(B)
Curb, Gutter And Sidewalks: Construction of standard six inch (6") vertical curb and gullet',
and five foot (5') sidewalks meeting the department, or district standards, whichever is
applicable, shall be constructed.
C. DISCUSSION:
. The existing church facility is constructed of smooth and split face CMU block, with stucco
accents. The applicant is proposing to utilize those same construction materials in the new
building addition. Within the applicant's justification letter date stamped by the City on July 7,
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2005, the applicant indicates that the proposed building addition fits within the Prairie School
architecture as outlined within the EASD book. It is staff's opinion that while a few of the
building characteristics of the Prairie School architecture are proposed to be used in the building
addition that there are numerous design elements that have not been proposed that would give this
building the look of a Prairie School building. The building is predominately parapet walls, with
no windows, or horizontal projections. Per the Prairie School architecture outlined within the
EASD book, roof types include gabled, broad hipped, low pitched, and wide, overhanging eaves;
windows include casement (typically in rows) or typically are glass is used; stories include two
stories, first story projection, compressed upper story. The applicant should be required to provide
revised building elevations showing the addition of roof types, windows, and story projection as
describe within the Prairie School architecture. The revised building elevations should be
reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate
for this site.
. One hundred percent (100%) of the building addition will consist of smooth or split face CMU
block. Per Eagle City Code, smooth face block for accent only, may cover a maximum of ten
percent (10%) of the building fa~ade per each elevation. The applicant should be required to
provide revised building elevations showing that the amount of smooth face block on this building
addition does not exceed ten percent (10%) per building elevation. The revised building
elevations should be reviewed and approved by the Design Review Board prior to the City issuing
a zoning certificate for this site.
. A five foot (5') wide meandering sidewalk was been constructed along West State Street abutting
the eastern three hundred-eighty five (385) linear feet of this site with the building expansion
approved October 4, 1999 (DR-29-99). Per Eagle City Code, a six inch (6") vertical curb is
required with all development adjacent to State Street. The City of Eagle has been working with
the applicant to accomplish the installation of the six inch (6") vertical curb abutting this site and
with this new building addition vertical curb is proposed along West State Street abutting the
eastern three hundred-eighty five (385) linear feet of this site. The applicant is proposing to
construct the six inch (6") vertical curb and gutter with five foot (5') meandering sidewalk with a
future building addition on the remaining two hundred-eight (280) linear feet of frontage.
However, the ACHD staff report date stamped by the City on August 1,2005, indicates that a rive
foot (5') concrete sidewalk is required to be constructed from the existing sidewalk to the west
property line (approximately two hundred-eighty (280) linear feet of frontage). The applicant
should be required to provide a revised landscape plan showing six inch (6") vertical curb and
gutter with a five foot (5') wide meandering sidewalk along West State Street for the entire
frontage of this site abutting West State Street (six hundred-sixty five (665) linear feet). The
revised landscape plan should be reviewed and approved by staff prior to the City issuing zoning
certificate for this site.
. Staff defers to the Design Review Board if the applicant should be permitted to postpone the
construction of the curb, gutter and sidewalk adjacent to West State Street abutting the western
two hundred-eighty (280) linear feet of frontage or if they should be required to install these
improvements with this building addition.
. The 2000 Comprehensive Plan Transportation/Pathway Network Map #1 of 2 shows a pathway to
be constructed along the Dry Creek. The applicant should be required to incorporate a pathway
along the Dry Creek within their master site plan. This pathway should be reviewed and approved
by the Eagle Parks and Pathway Committee for location and construction standards. The pathway
should be designed and constructed with the next building addition constructed on this site.
. Staff defers comment regarding building design and colors to the Design Review Board.
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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 August 11, 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 5 to 0 (Barnes and Floegel absent) to approve DR-62-05 for a design review
application to construct a building addition to the Eagle Church of the Nazarene, 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 any applicable requirements of CU-1O-05.
2. Comply with the requirements of V-OI-05.
3. Provide revised building elevations showing vertical banding on the west and south building elevations
(similar to the east building elevation but without the windows). Provide revised building elevations
showing the split face CMU wainscoting on the new building addition to match the height of the split
face CMU wainscoting on the existing building. tile additioll sf roof t),13es, win6sws, and story
projection as aeseribe witkin tile Prairie Sek8sl arckitectlire. The revised building elevations 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.
4. Provide revised building elevations showing that the amount of smooth face block on this building
addition does not exceed ten percent (10%) per building elevation. The revised building elevations
shall be reviewed and approved by the Design Review Board prior to the City issuing a zoning
certificate for this site.
5. Provide a revised landscape plan showing a total of two hundred-thirty four parking spaces to be
located on this site. The revised landscape plan shall be reviewed and approved by staff prior to the
City issuing a zoning certificate for this site.
6. Provide a revised landscape plan showing six inch (6") vertical curb and gutter with a five foot (5')
wide meandering sidewalk along West State Street for the entire frontage of this site abutting West
State Street (six hundred-sixty five (665) linear feet). The revised landscape plan shall be reviewed
and approved by staff prior to the City issuing zoning certificate for this site.
7. The applicant shall be required to incorporate a pathway along the Dry Creek within their master site
plan. This pathway shall be reviewed and approved by the Eagle Parks and Pathway Committee for
location and construction standards. The pathway shall be designed and constructed with the next
building addition constructed on this site.
8. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site.
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9. Any eXistIng trees that are damaged during the construction process shall be replaced with, new
healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
12. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
13. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
14. No signs are proposed with this application and none are approved.
15. Provide a revised landscape plan showing the addition of trees and shrub material to be located on the
west and south building elevations of the new addition. The revised landscape plan shall identifv the
three (3) conifer trees proposed to be planted on the west side of the existing building as Columnar
Eastern White Pine trees. The revised landscape plan shall be reviewed and approved bv staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
16. All non-conforming light fixtures shall be removed from the site prior to the City issuing a Certificate
of Occupancy.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy. whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Cel1ificate 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,
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whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
IS. 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 changc.
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 propelty 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).
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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 7, 2005.
2. Requests for agencies' reviews were transmitted on July 21, 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-62-05) 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 Residential Four (RA) zoning district.
DA TED this 25th day of August 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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