Findings - DR - 2006 - DR-10-06 - Construct A 10,370 Sq' Multi-Tenant Reatil Building/4290Sq'single Tenant Building/153
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A SINGLE-TENANT BUILDING AND A )
MULTI-TENANT RETAIL BUILDING )
FOR MOUNTAIN WEST BANK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-IO-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 23, 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:
Mountain West Bank, represented by Andrew Erstad with Erstad Architects, is requesting
design review approval to construct one 10,370-square foot multi-tenant retail building and one
4,290 square foot single-tenant building. The site is located on the southwest comer of East Iron
Eagle Drive and Edgewood Lane within Merrill Subdivision No. I (formerly Rocky Mountain
Business Park) at 1539 East Iron Eagle Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 19, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 3, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 27, 2004, the Eagle City Council approved a bank building, restaurant building, and a
multi-tenant retail building (DR-38-04).
On July 27, 2004, the Eagle City Council approved the Master Sign Plan for a bank building,
restaurant building, and a multi-tenant retail building (DR-39-04).
E. COMPANION APPLICATIONS: DR-31-06 (design review master sign plan application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant residential dwelling
Proposed No Change No Change Multi-tenant retail building
and bank building
North of site Mixed Use MU (Mixed Use) Multi-tenant
warehouse/ offi ce/retail
building
South of site Public/Semi Public/ RUT (Rural Transition - Ada State Highway 44/
Mixed Use County zoning designation) Lonesome Dove Ranch
East of site Business Park BP (Business Park) Vacant
West ofsite Mixed Use MU (Mixed Use) Les Schwab Tire Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is a vacant residential dwelling with associated sheds and pool. A total of thirty four (34)
trees exist throughout the property.
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 93,030-square feet (2.14-acres) 7,000-square feet (0.16-acres)
Percentage of Site Devoted to 16% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 34% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 72-parking spaces 63-parking spaces (minimum)
Front Setback 47-feet (north)* 20-feet (minimum)
Rear Setback 47-feet (south)* 20-feet (minimum)
Side Setback 20-feet (west)* 7.5-feet (minimum)
Side Setback 47-feet (east)* 20-feet (minimum)
· Note: Setbacks are measured from the property line to the closest building.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Two (2) buildings; one (I) multi-tenant retail building and one (I) single-tenant building
(anticipated to be used by Mountain West Bank).
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Height and Number of Stories of Proposed Buildings:
Multi-Tenant Retail Building = 29 feet (one story)
Single-Tenant Building (bank) = 27 feet - 6 inches (one story)
Gross Floor Area of Proposed Buildings:
Multi-Tenant Retail Building = 10,370-square feet
Single-Tenant Building (bank) = 4.290-sQuare feet
Total = 14,660-square feet
On and Off-Site Circulation:
A 48,370-square foot (approximately) paved driveways/parking lot provides circulation and
parking for vehicles using this site. One 30-foot wide driveway is proposed to be located on the
north side of this site approximately 33-feet east of the west property line providing access to East
Iron Eagle Drive.
K. BUILDING DESIGN FEATURES:
Single-Tenant Building
Roof: Composite fiber shake style (light gray)
Walls: Brick veneer (Baja Brown) and stucco (light gray to match cultured stone on the retail
building)
Windows/Doors: Aluminum (dark bronze)
Fascia/Trim: Rough sawn fascia (Sherwin Williams - Meander Blue)
Multi-Tenant Retail Building
Roof: Brick parapet walls (Baja Brown)
Walls: Brick veneer (Baja Brown) and Coronado Belgian Castle cultured stone (light gray)
Windows/Doors: Aluminum (dark bronze)
Cornice: Brick veneer (Baja Brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are thirty four (34) existing trees on this site. The applicant is proposing to remove
twenty eight (28) of the thirty four (34) trees.
Tree Replacement Calculations:
Per the City Foresters tree inventory detail letter dated April 28, 2004, the applicant is
proposing to remove a tree value of $15, 117 from the site. Within the letter dated January
5, 2005 submitted by The Land Group, the applicant will plant an additional 26 trees with
a value of $9, I 00 on the site. The applicant had agreed to pay the difference of $6,017 to
the city tree fund.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees:
The applicant is proposing to install street trees along East Iron Eagle Drive, Edgewood
Lane, and State Highway 44. Six (6) existing trees are proposed to be retained and
protected adjacent to State Highway 44.
Maintenance Provisions and Proposed Irrigation Methods:
Automatic irrigation required and provided.
Transition Zones: N/ A
Parking Lot Landscaping:
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a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot
of this site.
b. Interior Landscaping:
10% interior landscaping is required, 12% is proposed.
M. TRASH ENCLOSURES:
One 140-square foot trash enclosure is proposed to be located along the west property line
approximately 170-feet south of the driveway on East Iron Eagle Drive. The enclosure is proposed
to be constructed of brick walls (Baja Brown) with steel gates (brick color), all of which will
match the materials and colors used in the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be completely screened from view in the loft of the single-tenant building and behind
the parapet walls of the multi-tenant retail building.
O. OUTDOOR LIGHTING:
There are two (2) existing historic street light fixtures located adjacent to East Iron Eagle Drive.
The applicant is proposing to install three (3), twenty foot (20') high, 250-watt high pressure
sodium light fixtures within the parking lot of this site. Only one (I) fourteen foot (14 ') high
historic light fixture is proposed adjacent to Edgewood Lane. Per Eagle City Code, one fixture is
required every 300 feet. Since it is more than 300 feet from the corner of Iron Eagle Drive and
Highway 44 along Edgewood lane, the applicant should provide two historic light fixtures.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-I 1-06) has
been submitted and is required for the approval of any signs for this site. The master sign plan
application shall be reviewed and approved prior to the City issuing a zoning certificate for this
site.
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 Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
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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 attached to the Staff report
and incorporated herein by reference. Comments, which appear to be of special concern, are noted
below:
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Idaho Power Company
Idaho Transportation Department
W. LETIERS FROM THE PUBLIC:
Letter from Keith Adkins, City Forester, dated February 20,2006 (incorporated herein by
reference and attached to the staff report).
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(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(A)(5)(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-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
darnage to bark, branches, or roots during construction. Construction or excavation occurring
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within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C I of this section.
. Eagle City Code Section 8-2A-7(G)(6)
Except as noted in subsections G4 and G5 of this section, 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 Plaza Drive/Hill Road to Highway 44 300 feet
. Eagle City Code Section 8-2A-7(K)(4)(b)(2)
No parking space shall be more than sixty feet (60') from an interior landscaped area.
. Eagle City Code Section 8-4-5
Banks/financial institutions
Retail sales
I for each 200 square feet of gross floor area
I per 250 square feet of gross floor area
C. DISCUSSION:
. The existing residence, tool sheds, and pool will be demolished and removed from the site to make
way for the two proposed buildings. The residence is currently serviced by overhead power lines.
The applicant should be required to provide all cable, electrical, and telephone service systems
underground.
. The applicant seeks approval of one 4,290-square foot single-tenant building, anticipated to house
Mountain West Bank, and one 10,370-square foot multi-tenant building for future retail tenants.
Access to the site comes from one driveway located off of Iron Eagle Drive. One building is
located at the northeast corner of the site and the other at the southwest corner, both orientating
their front doors toward State Highway 44 for visibility. Parking is provided for the anticipated
bank and retail/office uses, no restaurants will occupy any of the tenant spaces due to the owner
wanting the extra nine parking spaces for overflow parking in the center. Loading occurs on the
north side of the multi-tenant retail building, which has been screened from Iron Eagle Drive with
landscaping to meet Eagle City Code. Pedestrian connections have been made between the two
buildings and to the sidewalks found on the north, east, and west sides of the site. The
connections are defined with scored concrete, which matches the concrete sidewalks and plaza
area located at the far southeast corner of the site.
. During the approval of the Les Schawb Tires building located on the adjacent property to the west,
a cross-access easement was contemplated to connect the two properties and conditioned to
approval. During the construction of the Les Schawb building, an application was submitted on
the subject property showing the main drive at the western portion of the property. Again with this
proposal, the applicant has shown the driveway in the same location at the western portion of the
property. After further review, the closeness of the two driveways (the existing Les Schawb Tires
and the subject proposed driveway), it has been determined that a cross-access easement
connecting the two properties is not desired. Therefore, the applicant should provide a revised site
plan and landscape plan removing the proposed cross-access easement along the west property line
and replace with similar trees and materials proposed along the west property line. The revised
site plans and landscape plan should be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
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. To give variety in the building architecture throughout the site, the architect has designed the
structures from two complimentary directions and tying them together through the use of similar
materials. The applicant has applied the architectural style of Prairie School to the single-tenant
building which exemplifies a boxy/rectangular fa'tade, a gabled roof with no towers, and wide
overhanging eaves. Materials used include stucco at the base, brick fa'tade (reddishlbrown brick),
rough sawn fascia (light blue), and aluminum (dark bronze) store front doors/windows.
Architectural accents include interior wood trusses seen through the upper gable windows. The
multi-tenant retail building has been designed with the Romanesque Revival architectural style in
mind. Materials used include a cultured stone base cultured stone (light gray), brick fa'tade
(reddishlbrown brick) including a cornice with a diaper pattern, and aluminum (dark bronze) store
front doors/windows.
. The applicant is proposing to use roof-top mechanical units on the two (2) buildings. The roof-top
mechanical units are proposed to be completely screened from view in the loft of the single-tenant
building and behind the parapet walls of the multi-tenant retail building. No ground mounted
mechanical units are proposed and none are approved.
. The multi-tenant retail building does not include any landscaping around the base of the structure
which would help ground the building and soften the base of the building. It is staffs opinion that
the applicant should provide a revised landscape plan showing landscaping along the base of the
east and west sides of the multi-tenant retail building. The revised landscape plan should be
reviewed and approved by staff and two members of the Design Review Board prior to the City
issuing a zoning certificate for this site.
. Per Eagle City Code Section 8-2A-7(K)(4)(b)(2), no parking space should be more than sixty feet
(60') from an interior landscape area. The applicant has provided parallel parking spaces along
the north side of the building in which some of the parking spaces are more that sixty (60') from a
landscaped area. The applicant should provide a revised landscape plan showing a landscape area
at the west side of the parallel parking spaces. The bike rack can be moved further to the west to
accommodate the new landscape area. The revised landscape plan should be reviewed and
approved by staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
. There are thirty four (34) existing trees on this site of which twenty eight (28) of the trees are
proposed to be remove. Within the City Foresters tree inventory detail letter dated April 28, 2004,
a monetary value has been determined for any tree with value that is being removed. The total
monetary value of the trees to be removed from this site is $15,117.00. The applicant will plant an
additional 26 trees, not including the required trees per Eagle City Code, having a value of
$9, I 00.00 on the site. The applicant has agreed to pay the difference of $6,017.00 to the city tree
fund. The financial contribution should be deposited into the Eagle City tree fund account prior to
issuance of a zoning certificate or the applicant should provide a revised landscape plan showing
more additional trees on the site equaling the value of$6,017.00.
. Staff defers comment regarding landscaping 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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on March 23, 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 7 to 0 to approve DR-IO-06 for a design review application to construct a multi-
tenant retail building and a single-tenant building for Mountain West Bank, with the following
staffrecommended site specific conditions of approval and standard conditions of approval with
text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. All cable, electrical, and telephone service systems shall be installed underground.
2. The roof-top mechanical units shall be completely screened from view in the loft of the single-tenant
building and behind the parapet walls of the multi-tenant retail building. No ground mounted
mechanical units are proposed and none are approved.
3. Submit a revised site plan removing the proposed cross-access easement along the west property line.
The revised site plan shall be reviewed and approved by Staff prior to the City issuing a zoning
certificate for this site.
4. Submit a revised landscape plan removing the proposed cross-access easement along the west property
line and replace with similar trees and materials proposed along the west property line. The revised
landscape 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 with landscaping in the right-of-way areas between the property line
and State Highway 44, between the property line and Edgewood Lane, and between the property line
and Iron Eagle Drive. The revised landscape plan shall address the possibility ofberming and grade
changes and shall be reviewed and approved by staff and two members of the Design Review Board
prior to the City issuing a zoning certificate for this site.
6. Provide a revised landscape plan showing a detailed cross-section, starting at the centerline of the
existing bike path extending to the bank drive aisle, of the berm and three foot (3 ') high wall located
on the south side of the property screening the drive-thru lanes. The three foot (3') high waIL on the
south property line. shall be extended approximatelv forty feet (40') east to the point where the bank
building wall ends. The cross-section shall indicate materials and colors to be used in the construction
of the wall that match the bank building materials and colors. The revised landscape plan shall be
reviewed and approved by staff and two member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
7. Provide a revised landscape plan showing that no parking space shall be more than sixty feet (60')
from an interior landscape area along the north side of the multi-tenant retail building at the west side
of the parallel parking spaces which is in compliance with Eagle City Code Section 8-2A-
7(K)(4)(b)(2). The revised landscape plan shall be reviewed and approved by staff and two members
of the Design Review Board prior to the City issuing a zoning certificate for this site.
8. Provide a revised landscape plan showing landscaping along the base of the east and west sides of the
multi-tenant retail building. The revised landscape plan shall be reviewed and approved by staff and
two members of the Design Review Board prior to the City issuing a zoning certificate for this site.
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9. Provide a monetary sum in the amount of$6,017.00 to the city tree fund in lieu of not replacing the
trees removed from the site or provide a revised landscape plan showing additional trees replaced on
the site equaling the value of $6,0 17 .00. The financial contribution shall be deposited into the Eagle
City tree fund account prior to issuance of a zoning certificate.
10. Provide a revised site plan showing two historic light fixtures along Edgewood Lane between the
corner of Iron Eagle Drive and Highway 44. The revised site plan shall be reviewed and approved by
staff prior to the City issuing a zoning certificate for this site.
II. All roof vents shall be painted to match the color of the roof.
12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
13. Submit $350.00 to the City, at the time of building permit submittal, for the Engineering drainage
review for this site.
14. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
15. No signs are proposed with this application. A separate design review application (DR-I 1-06) has been
submitted for the approval of a master sign plan for the two buildings. The master sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
16. Provide a license agreement from ITD allowing the installation of pavement
improvements/landscaping located within the public rights-of-way prior to the City issuing a zoning
certificate for this site.
17. Provide a license agreement from ACHD allowing the installation of pavement
improvements/landscaping located within the public rights-of-way prior to the City issuing a zoning
certificate for this site.
IS. Provide a revised building elevation of the single-tenant buildings east elevation centering the roof
element over the access door. The revised elevation shall be reviewed and ap?roved bv staff prior to
the City issuing a zoning certificate for this site.
19. Provide a detail drawing of the fascia element. including materials and color. of the multi-tenant retail
building. The detail drawing 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.
20. Provide a color sample of the single-tenant building trim. The color sample shall be reviewed and
approved bv staff and three (3) members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
21. Provide revised east and west elevations of the single-tenant building replacing the painted plywood
backing within the gables with hardi-board wood. The revised elevation shall be reviewed and
approved bv staff prior to the City issuing a zoning certificate for this site.
22. Provide a revised landscape plan showing more evergreen materials at the northeast corner of the
access aisle of the multi-tenant retail building to further screen vehicle head lights at night. The
revised landscape plan shall be reviewed and approved bv staff and two (2) member of the Design
Review Board prior to the City issuing a zoning certificate for this site.
23. All directional signage shown on the site plan shall be eliminated and included with the associated
master sign plan application.
24. Provide a revised site and landscape plan indicating the location of all electrical transformers. The
revised site and landscape plans shall be reviewed and approved bv staff and one member of the
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Design Review Board prior to the City issuing a zoning certificate for this site.
25. Provide a material and color sample of the single-tenant building single roof. The materials and color
shall be reviewed and approved by staff and one member ofthe Design Review Board prior to the City
issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
I. 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 ofthe construction drawing(s) shall be submitted with the
letter .
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
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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
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 ofa 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
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River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modifY the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this proj ect.
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 oflandscaping (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 January 19, 2006.
2. Requests for agencies' reviews were transmitted on February 3, 2006, 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-IO-06) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
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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 13th day of April 2006.
ATTEST:
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vSharon . Bergmann, Eagle City lerk
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