Findings - DR - 2005 - DR-44-05 - Construct A 79,563 Sq' Self Storage Facility/Convert Existing 2300 Sq' Residential/
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A SELF )
STORAGE FACILITY WITH ASSOCIATED )
OFFICE FOR ROBERT DRAKE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-44-05
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:
Robert Drake. represented by Mike Fairchild, Architect, is requesting design review approval to
construct a 79,563-square foot self storage facility and to convert an existing 2,300-square foot
residential dwelling into an office for the storage facility. The site is located on the south side of
Hill Road and on the east side of State Highway 55 at 2835 Hill Road.
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 11, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 22, 2005, the Eagle City Council reviewed and approved a rezone application with
development agreement (RZ-15-04).
E. COMPANION APPLICATIONS: DR-68-05 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Business Park BP-DA (Business Park with Single-family dwelling
Development Agreement)
Proposed No Change No Change Mini-storage facility
North of site Business Park BP (Business Park) Gravel extraction
South of site Business Park RUT (Rural Urban Transition Single-family dwelling
- Ada County designation)
East of site Business Park A-R (Agricultural- Single-family dwelling
Residential)
West of site Commercial C-3-DA (Highway Business Single-family dwelling
District with Development
Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing house and garage which the applicant is proposing to convert into an office for
the self storage facility. There are seventeen (17) trees located around the existing house and the
applicant is proposing to remove twelve (12) of the trees. The applicant is proposing to retain and
protect five (5) of the trees. The City Forester's report addressing the removal of these 12 trees is
attached.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 185,162-square feet (4.2-acres) N/A
Percentage of Site Devoted to 44% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 28% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 6-parking spaces 6-parking (minimum)
Front Setback 55-feet (north) * 20-feet (minimum)
Rear Setback IO-feet (south) * O-feet
Side Setback IO-feet (east) (new structure) * O-feet
6 V2-feet (east) (existing garage) *
Side Setback 21-feet (west) * 20-feet (minimum)
* Note: Setback measurements are measured from the property lme to the closest buIldmg.
1. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Existing = One house with associated garage to be converted into an office for the self storage
facility.
Proposed = Three storage facilities.
Height and Number of Stories of Proposed Buildings: 30-feet maximum, one story.
Gross Floor Area of Proposed Buildings:
Existing house = 2,300-square feet
Proposed storage buildings = 79,563-square feet
On and Off-Site Circulation:
A 4,195-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway is proposed to be located on the north side of this site
approximately 125-feet west of the east property line providing access to Hill Road.
K. BUILDING DESIGN FEATURES:
Roof: Metal (Green)
Walls: Split face CMU (exterior walls), Hi rib metal siding (interior walls)
Windows/Doors: Metal doors
FasciafTrim: Metal
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are seventeen (17) trees existing on sileo The applicant is proposing to remove
twelve (12) of the trees.
Tree Replacement Calculations:
An evaluation of all of the existing trees has been completed by the City Forester (report
attached). Staff will address the City Forester's report along with tree removal and
replacement options at the Design Review Board Meeting.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees:
The applicant is proposing to install street trees on the north and south sides of the
meandering sidewalk along Hill Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the parking lot.
b. Interior Landscaping:
0% interior landscaping is required, 4% is proposed.
M. TRASH ENCLOSURES:
One SO-square foot trash enclosure is proposed to be located along the east side of the main drive
aisle of this site on the south side of the security gate. The enclosure is proposed to be constructed
of split face CMU with sight-obscuring wrought iron gates, all of which wi]) match the colors used
in the construction of the building.
N. MECHANICAL UNITS:
No ground mounted or roof top mechanical units are proposed with this development 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. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-6S-05) has
been submitted for approval of building wall signs.
Q. PUBLIC SERVICES A V AILABLE:
Public services and utilities are required as conditioned herein.
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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
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
BFI
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 Business Park.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "C") and Building
Elevation Plans (Exhibit "D") represents an example of the Applicant's current concept
for the site and understands and agrees that changes in that concept will likely occur. The
Applicant also understands and agrees that any changes regarding development of the site
must be in conformance with the "Conditions of Development" stated herein.
2.2 Mini-Storage facility (with associated caretaker's office/residence) shall be the only use
permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to the
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issuance of any building permits for the site. Demolition permits shall be obtained prior to
the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum 20%
allowed by Eagle City Code.
2.5 Landscape buffering and siting of the Mini-storage facility shall be designed to mitigate
the effects of the development on adjacent residences. All new construction shall be
setback from the eastern and southern property lines a minimum of ten-feet (10') and
those setback areas shall be landscaped with dense plant material.
2.6 The building configuration (footprint) shall remain substantially as shown on the attached
Site Plan (Exhibit "C").
2.7 The design of the Mini-storage facility shall incorporate architectural elements (materials,
colors, appurtenances) upon the building walls, with an emphasis on those facing Hill
Road and State Highway 55, to deter the construction of a monoplane structure and shall
remain substantially as shown on the attached Building Elevation Plans (Exhibit "D"). No
portion of any building shall exceed 35-feet in height, as measured from the foundation to
the peak of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk along
Hill Road abutting the northern boundary of the site.
2.9 The Applicant shall submit a Design Review application for the site to the Design Review
Board for review and approval prior to the issuance of any building permits.
2.10 The development shall comply with the Eagle City Code, as it exists in final form at the
time an application is made and the conditions within this agreement shall be satisfied.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the issuance of a building permit for this site.
2.12 Direct access from the site to State Highway 55 is prohibited.
e. 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.
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· 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
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(B)(1)(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-6(B)(1)(k)
Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance. These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented towards the road.
· Eagle City Code Section 8-2A-6(B)(2)(e)
Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
· Eagle City Code Section 8-2A-7(C)(I)
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 1.5x caliper of tree removed
12 1/4 inches or more Ix 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 Cl of this section.
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· Eagle City Code Section 8-4-4-2(2 & 3)
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
D. DISCUSSION:
· Within the applicant's justification letter dated June 8, 2005, the applicant indicates that the
proposed building fits within the Prairie School architecture as outlined within the EASD book. It
is staff s opinion that a few of the building characteristics represent the Prairie School architecture,
however, there are numerous design elements that have not been proposed that would give this
building more of a Prairie School building appearance. Per the development agreement associated
with this site, the design of the storage facility is required to incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on those facing Hill
Road and State Highway 55, to deter the construction of a monoplane structure usually associated
with storage facilities. The building elevations submitted with the development agreement showed
the use of split face CMU and stucco to be used on the exterior of the building while incorporating
cedar fascia and a metal roof. The building elevation plans date stamped by the City on July 7,
2005, show one hundred percent (100%) of the exterior walls to be constructed of CMU block
(two different colors) with no stucco or cedar fascia being used. The applicant should be required
to provide revised building elevation plans showing the addition of brick, wood, stucco, etc. to
represent the building elevations that were approved with the development agreement. The
revised elevation plans should be reviewed and approved by the Design Review Board prior to the
City issuing a zoning certificate for this site.
The building elevations submitted with the development agreement showed that stucco walls were
to be used on the exterior portion of the building elevations facing the interior of the site. The
building elevation plans dated stamped by the City on July 7,2005, show metal siding to be used
on all the interior building elevations with the exception of those building elevations that are
visible from the road. Staff defers comment to the Design Review Board regarding the use of
metal siding or stucco on the interior building elevations.
· Per the colored rendering submitted with this application, the applicant indicates fabric awnings
are to be located over the lower windows located on tile exterior building elevations facing Hill
Road and State Highway 55. The fabric awnings should wrap around the entire frame so as to
enclose the sides of the awnings (so the metal frame is not visible). The color of the fabric to be
used on the awnings should be reviewed and approved by the Design Review Board prior to the
City issuing a zoning certificate for this site.
· For the purpose of determine the minimum parking requirements for the site staff provides the
following analysis:
-Eagle City Code defines "mini-storage" as a space for household or commercial goods within an
enclosed building with direct public access to individual storage spaces.
-First, it is likely that an individual that decides to lease a storage space will visit the site to
complete the required lease agreement with the caretaker (located in the on-site office). Once an
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individual has secured a storage space the majority of the trips to this site will be to visit the leased
storage space with the occasional stop at the office to pay their storage space rent. If staff were to
use the "warehousing", "wholesaling", "distribution". and "storage" parking requirements as
specified in Eagle City Code to determine the minimum parking space requirements, the applicant
would be required to provide approximately thirty one (31) parking spaces. It is staffs opinion
that requiring thirty one (31) parking spaces for a mini- storage facility is unwarranted because the
customary practice for a mini-storage facility patron would be to park in front of their unit (as
noted above). Based on the analysis herein, staff has determined that a minimum of six (6)
parking spaces are needed for this facility.
Reason: The office/caretaker's facility is 2,300-square feet and based on one (1) parking space per
1,000-square feet of gross floor area for warehousing, wholesaling, distribution and storage the
applicant would be required to construct three (3) parking spaces near the office. With this
interpretation, staff recommends that three (3) parking spaces be added to the number of required
parking spaces for this site for the purpose of providing additional caretaker and employee
parking. The site plan date stamped by the City on July 7, 2005, shows six (6) parking spaces.
The six (6) parking spaces as proposed by the applicant, therefore, complies with the requirements
of Eagle City Code with the interpretation herein.
· There are seventeen (17) existing trees on this site of which the applicant is proposing to
incorporate five (5) of these trees into this development. Per Eagle City Code, 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 replacement with an acceptable species is required as
follows:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
1 x cali per of tree removed
Per the above mentioned replacement calculation the applicant would be required to replace two
hundred-four (204) caliper inches of tree for the removal of the twelve (12) trees. The City
Forester will provide a report on the health and value of all the trees located on this site. The
applicant should be required to provide a revised landscape plan showing the addition of two
hundred-four (204) caliper inches of tree on this site for the removal of the twelve (12) trees or
provide a monetary amount (to be determined by the City Forester and Design Review Board) to
the City Tree Fund. The revised landscape plan or monetary amount should be reviewed and
approved by the Design Review Board or the monetary amount paid to the City prior to the City
issuing a zoning certificate for this site.
· The applicant is proposing to use a "wall pak" light fixture that does not comply with Eagle City
Code with regard to the lamp and lens being screened from view. The majority of these wall pak
light fixtures are to be used on the interior of the site and will not be visible from the property line
of this site with the exception of the wall pak light fixtures proposed on the exterior wall (on the
east building elevation) near the security gate and on the east building elevation of building
number two. The applicant should be required to provide a revised lighting plan showing a light
fixture that the lamp and lens are screened from view per Eagle City Code to be located on the east
building elevation near the security gate and on the east building elevation of building number
two. The revised light fixture should be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
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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-44-05 for a design review
application to construct a self storage facility with associated office for Robert Drake, 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 the development agreement for RZ-15-04.
2. Provide revised building elevation plans showing the addition of brick, wood, stucco, etc. to represent
the building elevations that were approved with the development agreement on the north. south, and
east building elevations. The revised elevation plans shall be reviewed and approved by staff and two
(2) members of the Design Review Board prior to the City issuing a zoning certificate for this site.
3. Per the colored rendering submitted with this application, the applicant indicates fabric awnings are to
be located over the lower windows located on the exterior building elevations. The fabric awnings
shall wrap around the entire frame so as to enclose the sides of the awnings (so the metal frame is not
visible). The color of the fabric to be used on the awnings shall be reviewed and approved by staff Hle
DcsigR Rcvie..... Beare prior to the City issuing a zoning certificate for this site.
4. Provide a revised landscape plan showing the addition of two hundred-twenty feHT (220 ;!G4) caliper
inches of tree on this site for the removal of the twelve (12) trees or provide a monetary amount (to be
determined by the City Forester and Design Review Board) to the City Tree Fund. The revised
landscape plan or monetary amount shall be reviewed and approved by staff and two (2) members of
the Design Review Board or the monetary amount paid to the City prior to the City issuing a zoning
certificate for this site.
5. Provide a revised lighting plan showing a light fixture that the lamp and lens are screened from view
per Eagle City Code to be located on the east building elevation near the security gate and on the east
building elevation of building number two. The revised light fixture 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 the landscaping along Hill Road and State Highway 55 to
extend within nine feet (9') of the edge of pavement. The revised landscape plan shall be reviewed
and approved by staff prior to the City issuing a zoning certificate for this site.
7. Provide a copy of a license agreement from the Ada County Highway District and Idaho
Transportation Department allowing any improvements to be constructed or placed within the right-of-
way of Hill Road and State Highway 55. The license agreement shall be submitted to the City prior to
the City issuing a zoning certificate for this site.
8. The metal roof shall have concealed fasteners.
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9. 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.
10. 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.
11. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
14. Submit $350.00 to the City, at the time of building pennit submittal, for all Engineering fees incurred
for reviewing this project.
15. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
16. No signs are proposed with this application. A separate design review application (DR-68-05) has been
submitted for the approval of signage for this development. The signage shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
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approved drainage system shall be constructed, or a perform:mce 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 Celtificate 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.
II. 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.
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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 occLlrs 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 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
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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:
I. The application for this item was received by the City of Eagle on May 5, 2005.
2. Requests for agencies' reviews were transmitted on May 11, 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-44-05) 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 Business Park with development agreement (BP-DA) zoning district.
DATED this 25th day of August 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
-z:!c~
ATTEST:
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