Findings - DR - 2006 - DR-107-05 - Construct 2 Multi-Tenant Retail, Office, And Restaurant Buildings
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT ONE TWO STORY )
MUL TI- TENANT RETAILlOFFICEIREST AURANT BUILDING )
AND ONE SINGLE STORY MULTI-TENANT OFFICE )
BUILDING FOR MONTAGUE-SAURIOL LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-I07-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 12,2006. 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:
Montague-Sauriol LLC, represented by Comel Larson with Larson Architects, is requesting design
review approval to construct two (2) multi-tenant retail, office, and restaurant buildings (one
24, 178-square foot two (2) story office, retail, and restaurant building and one 8,645-square foot
single story multi-tenant office building). The site is located on the southeast corner of East Plaza
Drive and East State Street at 1119 East Plaza Drive and 1125 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 7,2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 13, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 11, 1998, the Eagle City Council approved a conditional use permit, planned unit
development preliminary development plan, and preliminary plat for Rocky Mountain Business
Park (CU-4-98/PPUD-I-98/PP-3-98).
On March 16, 1999, the Eagle City Council approved a design review application for a multi-
tenant office building located at 1121 East State Street (DR-I-99). This application converted the
Merrill Egg Farm building into "The Ranch Building".
On June 8, 1999, the Eagle City Council approved the final development plan and final plat for
Merrill Subdivision No.1 and 2 (FPUD-2 and 3-99 and FP-7 and 8-99).
On May 21, 2002, the Eagle City Council approved a design review application to modify the site
and exterior finish of the office building located at 1121 East State Street (DR-I-99 MOD).
On January 28, 2003, the Eagle City Council approved a design review application for a two story
multi-tenant office building to be located at 1119 East Plaza Drive (DR-73-02). This application
expired on January 28,2004.
E. COMPANION APPLICATIONS: DR-108-05 (master sign plan for the two story building) and
DR-109-05 (master sign plan for the single story building)
Page I of 14
K:\Planning Ikpt\Eaglt: Appliclltiolls\Dr\2005\DR-107-05 Jrf.dol:
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA nON
Existing Mixed Use MU (Mixed Use) Vacant (parcel located at
1119 East Plaza Drive)
Residential house (located
at 1125 East State Street)
Proposed No Change No Change RetaillOfficelRestauran t
North of site Commercial C-2 (General Business District) Winding Creek East (aka:
Hillcreek Business Park)
South of site Mixed Use MU (Mixed Use) Merrill Subdivision No.2
and Pacific Heights
Subdivision
East of site Mixed Use MU (Mixed Use) Pacific Heights
Subdivision
West of site Mixed Use MU (Mixed Use) East Plaza DrivelDrain
Ditch/Vacant land
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The parcel located at 1119 East Plaza Drive is vacant but has curb, gutter, sidewalk, and street
trees located along both East Plaza Drive and East State Street.
There is a residential dwelling located on the parcel located at 1125 East State Street. No curb,
gutter, sidewalk, or street trees have been installed adjacent to this property along East State Street.
There are three (3) existing trees located on this site of which the applicant is proposing to retain
one.
Page 2 of 14
K:\PIUI111ing Dept\Eaglt' Apphcalions\Dr\2005\DR-I07-05 drf.doc
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 85,838-square feet (1.97-acres)-1119 7,000-square feet (0.16-acres)
East Plaza Drive (minimum)
32,649-square feet (0.74-acres)-1125
East State Street
Percentage of Site Devoted to 16% (1119 East Plaza Drive) 50% (maximum)
Building Coverage 26% (1125 East State Street)
Percentage of Site Devoted to 34% (1119 East Plaza Drive) 10% (minimum)
Landscaping 11 % (1125 East State Street)
Number of Parking Spaces 149-parking spaces total 108-parking spaces (minimum -
(l14-parking spaces - 1119 East 1119 East Plaza Drive)*
Plaza Drive) 35-parking spaces (minimum -
(35-parking spaces - 1125 East 1125 East State Street)
State Street)
Front Setback 1119 E. Plaza Dr./1l25 E. State St. 20-feet (minimum)
34-feet (north) / 20-feet (north)
Rear Setback 117-feet (south) / 79-feet (south) 20-feet (minimum)
Side Setback 30-feet (west) / 1 36-feet (west) 20-feet (minimum-side street)
7.5-feet (minimum)
Side Setback 56-feet (east) / lO-feet (west) 7.5-feet (minimum)
· Note: Based on 4,249-square feet designated as restaurant use.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two buildings. The two story multi-tenant building is
proposed to be used as a retail, office, and restaurant facility. The single story multi-tenant
building is to be used as office.
Height and Number of Stories of Proposed Buildings: Two story building = 34-feet in height
One story building - 3 I-feet in height
Gross Floor Area of Proposed Buildings: Two story building = 24, 1 69-square feet total
13,996-square feet 1 st floor
1O,173-square feet 2nd floor
One story building = 8,645-square feet
On and Off-Site Circulation:
A 55,25 I-square foot (approximately) paved parking lot provides parking for vehicles using both
sites. One 24-foot wide driveway is proposed to be located on the north side of the site
Page 3 of 14
K:\Plulluing Dept\Eaglt: Applicutiolls\Dr\2005\DR-107 -05 drf.doc
approximately 1 50-feet west of the east property line of 1125 East State Street providing access to
East State Street. One 25-foot wide driveway is proposed to be located on the west side of the site
approximately 20-feet north of the south property line of 1119 East Plaza Drive providing access
to East Plaza Drive.
K. BUILDING DESIGN FEATURES:
Materials and colors to be used on both buildings:
Roof: Metal (charcoal gray)
Walls: Brick (Burgundy with darker accents), Stucco (light gray)
Windows/Doors: Aluminum (mill finish)
FasciaITrim: Metal (charcoal gray)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing street trees along East
Plaza Drive and East State Street that the applicant is proposing to retain and protect. There
are nine (9) trees located at 1125 East State Street, the applicant is proposing to remove eight
(8) of the trees. The City Forester has indicated that eight (8) of the trees have no value.
There are numerous trees located along the entry drive to the Ranch Building which are noted
on the site plan date stamped by the City on December 8, 2005, to be relocated.
Tree Replacement Calculations: Staff has determined that $0.00 should be contributed to the tree
fund.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There are existing street trees along East Plaza Drive and along the westem two
hundred-fifty (250) linear feet adjacent to East State Street. No street trees are proposed along
the eastern two hundred- seventy (270) linear feet of the site adjacent to East State Street.
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 parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
Two 120-square foot trash enclosures are proposed to be constructed with the construction of these
two new buildings. One trash enclosure is proposed to be located 230-feet south of East State
Street on the east side of the main drive aisle to the site located at 1125 East State Street within the
southwest comer of the site. One trash enclosure is proposed to be located 170-feet south of East
State Street and 150-feet west of the main drive aisle located at 1125 East State Street. The
enclosures are proposed to be constructed of CMU with a stucco finish with metal gates, all of
which will match the materials and colors used in the construction of each building.
Page 4 of 14
K:\Plullllillg Dept\Eagle Applications\Dr\2005\DR-107-05 drf,doc
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be located within a well within the roof of both buildings and completely screened
from view by the roof. 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 staff prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, 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.
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 Concem - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - see City Foresters report
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concem, are noted below:
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Page 5 of 14
K:\Plannillg Dept\Eagle Appocations\Dr\2005\DR-I07-05 drf.doc
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated December 19, 2005, and January 6, 2006
(incorporated herein by reference).
Letter from Rodney McCoy, General Manager of Heartland Construction, LLC, date stamped by
the City on January 5, 2006 (incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. 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.
. Eagle City Code Section 8-2A-6(G)(6)
Streetlights shall be spaced generally as depicted on the streetlight spacing map included
within the EASD book (exhibit A-2). The specific spacing requirements are listed below and
apply to each side of the street. Streetlights are to be located in alignment across the street
from each other except where noted as "staggered". When the streetlights are to be "staggered"
a streetlight on one side of the street is to be located generally midway between two (2)
streetlights on the other side of the street. Spacing shall still apply to each side of the street.
State Street
Plaze DrivelHill Road to Highway 44
300-feet
. 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 CI of this Section.
. Eagle City Code Section 8-2A-7(C)(3):
Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
. Eagle City Code Section 8-2A-7(J)(2)(b):
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
. Eagle City Code Section 8-2A-7(J)(3)(a):
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
Page 6 of 14
K:\Planning Ikpl\Eagle ApplicuIIDlIs\Dr\2005\DR-I07-05 cJrf.dm:
. Eagle City Code Section 8-2A-7(J)(2)(c):
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
. Eagle City Code Section 8-2A-7(K)(4)(b)(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.
. Eagle City Code Section 8-2A-7(M)(l):
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.
. Eagle City Code Section 8-2A-7(M)(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.
C. DISCUSSION:
. The applicant is proposing to construct two multi-tenant buildings with an architectural style of
prairie school. The buildings are designed with wide overhanging eaves with low sloped, hipped
roofs; overall massing of the building is boxy with casement windows at the second story. The
applicant is proposing to use a metal roof on both buildings. It is staffs opinion that an
architectural grade textured composition shingle would provide a superior look to the buildings
while complementing the buildings located on the north side of East State Street within the
Winding Creek Development. The applicant should be required to provide revised building
elevations of both buildings showing the roof to be constructed of an architectural grade textured
composition shingle. 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.
. There are three (3) power poles in front of both of these properties along East State Street. Per
Eagle City Code, all cable, electrical, and telephone service systems are required to be installed
underground. The applicant should be required to provide a revised site plan showing the three (3)
power poles located in front of both properties along East State Street to be removed. The revised
site plan should be reviewed and approved by staff prior to the City issuing zoning certificate for
this site.
. The site plan date stamped by the City on December 8, 2005, indicates that the applicant is
proposing to install six (6) new historic street lights along East State Street adjacent to both
properties. Per Eagle City Code, street light spacing along this section of East State Street is to be
three hundred (300) linear feet. The applicant should be required to provide a revised site plan
showing one additional historic street light to be located approximately three hundred (300) linear
feet east of the existing historic street light located on East State Street which is located
approximately one hundred-forty feet (140') east of East Plaza Drive. The revised site plan should
be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
. The applicant is proposing to incorporate the existing twenty two inch (22") caliper Colorado Blue
Page 7 of 14
K:\PlaJUling Dept\Eagle Applications\Dr\2005\DR-I07-05 drf.doc
Spruce tree into the patio of the new building proposed at 1125 East State Street. The City
Forester has indicated within his letter dated December 19, 2005, that the building is located too
close to this tree as well as the patio which may result in the death of this tree. The City Forester
recommends that the soil within the drip line of this tree remain undisturbed. Staff defers
comment regarding the location of the building and patio with regard to the Colorado Blue Spruce
to the Design Review Board.
. The landscape plan date stamped by the City on December 8, 2005, shows a five foot (5') wide
landscape strip to be planted with grass along the south and east property lines of the parking lot
located south of the new building proposed at 1125 East State Street. Per Eagle City Code, when a
parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high landscape buffer
consisting of a mix of evergreen and deciduous trees, shrubs, and ground cover is required. The
applicant should be required to provide a revised landscape plan showing a five foot (5') wide by
six foot (6') high landscape buffer consisting of a mix of evergreen and deciduous trees, shrubs.
and ground cover along the south and east property lines of the parking lot located south of the
new building located at 1125 East State Street. The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the City issuing a
zoning certificate for this site.
. The landscape plan date stamped by the City on December 8, 2005, shows a three foot (3') wide
landscape buffer on the south and west sides of the trash enclosure located on the 1119 East Plaza
Drive site. Per Eagle City Code, a five foot (5') wide by six foot (6') high landscape buffer is
required to screen trash receptacles. The applicant should be required to provide a revised
landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer on the south
and west sides of the trash enclosure proposed on the 1119 East Plaza Drive site. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the City issuing a zoning certificate for this site.
. The site and landscape plans date stamped by the City on December 8, 2005, show an existing
terminal island that was constructed with the improvements of the Ranch Building at 1121 East
State Street. The terminal island is located one hundred-thirty five feet (135') south of East State
Street on the west side of the main drive aisle to 1125 East State Street. This terminus island does
not have a tree planted within it as required within Eagle City Code. In addition. the proposed
parking space located to the west of the terminal island is only five feet (5') wide (Eagle City Code
requires a minimum of nine feet (9') for a standard parking space or eight feet (8') for a compact
parking space). The applicant should provide a revised site and landscape plan showing the
terminal island located one hundred-thirty five feet (135') south of East State Street on the west
side of the main drive aisle to 1125 East State Street increased to include the five feet (5') of dead
space located immediately west of the terminal island. The revised landscape plan should show
one tree and shrubs or ground cover to be installed within the terminal island so as to match or
complement the landscaping proposed within the other terminal islands within this development.
The revised site and landscape plans should be reviewed and approved by staff and one member of
the Design Review Board prior to the City issuing a zoning certificate for this site.
. The landscape plan date stamped by the City on December 8, 2005, shows six (6) existing street
trees between the meandering sidewalk and the curb along the western two hundred-forty feet
(240') of East State Street. No street trees have been proposed between the meandering sidewalk
and the curb along the eastern three hundred (300) linear feet of East State Street. Per Eagle City
Code, street trees are required to be located between the sidewalk and the street to provide a
canopy effect over the streets. The applicant should be required to provide a revised landscape
plan showing street trees planted every thirty five (35) linear feet meandering on both the north
and south sides of the meandering sidewalk adjacent to East State Street along the eastem three
Page 8 of 14
K:\Pbnning Dep{\Eag\e Application!>\Dr\2005\DR-107-0S drf.dO(;
hundred (300) linear feet of this site for a total of six (6) additional street trees. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the City issuing a zoning certificate for this site.
. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on January 12,2006, 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 (Bames and Grubb absent) to approve DR-107-05 for a design review
application to construct one two story multi-tenant retail/office/restaurant building and one single
story multi-tenant office building for Montague-Sauriol LLC, 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 conditions of the final development plan and final plat for Merrill
Subdivision No.1 and 2 (FPUD-2 and 3-99 and FP-7 and 8-99).
2. Provide revised building elevations of both buildings showing the roof to be constructed of a flat
concrete shingle aH arellitechua1 graae te)[tllred COffillElsitiEla slliagle. The revised building elevations
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.
3. Provide a revised site plan showing the three (3) power poles located in front of both properties along
East State Street to be removed. The revised site plan shall be reviewed and approved by staff prior to
the City issuing i!eHiflg certificate of occupancv for either tffis site.
4. Provide a revised site plan showing one additional historic street light to be located approximately
three hundred (300) linear feet east of the existing historic street light located on East State Street
which is located approximately one hundred-forty feet (140') east of East Plaza Drive. The revised
site plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this
site.
5. Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer
consisting of a mix of evergreen and deciduous trees, shrubs, and ground cover along the south and
east property lines of the parking lot located south of the new building located at 1125 East State
Street. 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.
6. Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer
on the south and west sides of the trash enclosure proposed on the 1119 East Plaza Drive site. The
Page 9 of 14
K:\Planni.ng Depl\Eagk- Applicatiolls\Dr\2005\DR-107-05 drf.do<.:
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.
7. Provide a revised site and landscape plan showing the terminal island located one hundred-thirty five
feet (135') south of East State Street on the west side of the main drive aisle to 1125 East State Street
increased to include the five feet (5') of dead space located immediately west of the terminal island.
The revised landscape plan shall show one tree and shrubs or ground cover to be installed within the
terminal island so as to match or complement the landscaping proposed within other terminal islands
within this development. The revised site and landscape plans 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.
8. Provide a revised landscape plan showing street trees planted every thirty five (35) linear feet
meandering on both the north and south sides of the meandering sidewalk adjacent to East State Street
along the eastem three hundred (300) linear feet of this site for a total of six (6) additional street trees.
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.
9. The residential dwelling located at 1125 East State Street shall be removed from the site on or before
March 15,2006, prior to the issuance of any building permits for 1119 East Plaza Drive or 1125 East
State Street. Demolitions permits shall be obtained prior to the removal of said dwelling.
10. Provide a phasing plan showing how vehicular access will be provided from the public right-of-way
(East State Street or East Plaza Drive) to the building located at 1121 East State Street during
construction of each building. The phasing plan shall be reviewed and approved by staff prior to the
City issuing a zoning certificate for this site.
11. Provide a cross access agreement between 1119 East Plaza Drive, 1117 East Plaza Drive, 1121 East
State Street, and 1125 East State Street providing cross access between all properties. The cross access
agreement shall be reviewed and approved by the City and recorded prior to the City issuing a zoning
certificate for this site.
12. Provide a joint parking agreement between 1119 East Plaza Drive, 1121 East State Street, and 1125
East State Street allowing the required parking for each site to be constructed as shown on the site plan
date stamped by the City on December 8, 2005. The joint parking agreement shall be reviewed and
approved by the City and recorded prior to the City issuing a zoning certificate for this site.
13. Provide a copy of a license agreement from the Ada County Highway District allowing any
improvements to be constructed or placed within the right-of-way of East State Street. The license
agreement shall be submitted to the City prior to the City issuing a zoning certificate for this site.
14. Provide revised elevation plans showing the two trash enclosures to be constructed of brick (similar to
the proposed gas regulation enclosure) or combination thereof. The revised elevation plans shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
15. 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.
16. 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.
17. All overhead ~ lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
18. The applicant shall be required to provide an approval letter from Drainage District No.2 allowing
drainage to be discharged into their drainage facility prior to the City issuing a zoning certificate for
this site.
Page 10 of 14
K:\Plunning Depl\Eagle Applicatiolls\Dr\2005\DR-107-05 urfdoc
19. The gas regulator station shall be screened per the elevations indicated on Sheet A-2, date stamped by
the City on December 8, 2006, prior to issuance of any certificate of occupancy permits for this site.
20. All ground mounted transformers, cable. and phone boxes shall be screened by landscaping per Eagle
City Code.
21. Submit $350.00 to the City, at the time of building permit submittal, for the Engineering drainage
review for this site.
22. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
23. No signs are proposed with this application. Separate design review applications (DR-108-05 and DR-
109-05) have been submitted for the approval of a master sign plan for each building. The master sign
plans shall be reviewed and approved prior to the City issuing a zoning certificate for this site.
24. Work with the Citv Forester on the design of the patio. located at the northeast comer of the single
stOry building, around the existing evergreen tree. The design of the patio shall be reviewed and
approved bv staff and the Citv Forester prior to the Citv issuing a zoning certificate for this site.
25. The goose-neck light fixture date stamped by the Citv on January 12.2006. is approved.
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 pennitted, 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
Page 11 of 14
K:\PlUllnmg Oept\Eugle Applications\Dr\2005\DR-107-05 dlf.uoc
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 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.
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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
Page 12 of 14
K:\Planning Dept\Eugle Applications\Dr\2005\DR-I07-05 drf.dor.;
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.
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 Drior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
Page 13 of 14
K:\PluIUUUg D<:pl\Eagle Applicatiolls\Dr\2005\DR-107-05 drfdoc
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 December 7,2005.
2. Requests for agencies' reviews were transmitted on December 13, 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-107-05) 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 26th day of January 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
;a;~~.
'c R. cCullough, C rman
ATTEST:
"...,...........
.......... l:,AGl. ....
..<I' 0 ~........li' ".
l t'/' O..A1'/f.......\
.. ,~: ~~ \ ~
: 'W. 0 , , :
: I CJ ,. 1.. ~I 0 :
.. h....y_..
:.. f""Q.::::
~
^~~
N~
....
....
""
Page 14 of 14
K:\Plmming Dept\Eagle Applicatiolls\Dr\2005\DR-107-05 drf.doc