Findings - DR - 2006 - DR-14-97 MOD - 934 Sq' Addition To Existing Bank Located In Eagle Plaza/108 E. Plaza St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A BUILDING )
ADDITION TO WELLS FARGO BANK WITHIN )
EAGLE PLAZA FOR WELLS FARGO BANK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-14-97 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 8, 2006. The 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:
Wells Fargo Bank, represented by Greg Toolson with JGT Architecture, is requesting
design review approval for a 934-square foot addition to the existing bank located within
Eagle Plaza. The .76-acre bank site, a parcel within the 4.4-acre Eagle Plaza, is located on
the north side of East Plaza Street approximately 200-feet east of Eagle Road at 108 East
Plaza Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 2,2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 8, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 25, 1997, the City Council approved two conditional use permit applications
(CU-I-97) and (CU-2-97) for a drive-thru restaurant and a commercial complex for this
site (Eagle Plaza).
On July 28, 1997, the City of Eagle Planning and Zoning Commission approved the
design review application for of a 2,765 sq. ft. bank with a drive up window for First
Security (DR-14-97).
For informational purposes, the following site specific conditions of approval were placed on the
conditional use permits (CU-I-97/CU-2-97) by the City Council:
SITE SPECIFIC CONDITIONS OF APPROVAL FOR CU-1-97/CU-2-97:
I. Provide a 48" high berm, with a 3 to 1 slope, between the drive-thru lane and the two roads (Eagle
Road and the new east/west roadway). (If a retainer wall is needed the wall shall be reviewed and
approved as a part of the design review for the site.) The berm shall be heavily landscaped to
provide screening of the vehicles, and to block the headlights from shining toward oncoming
traffic on each of the two roads. The applicant shall be required to obtain a license agreement
from ACHD for any berming and/or landscaping within the right-of-way. A landscape plan shall
be submitted, as a part of the design review for this site, showing the details of berming and
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landscaping along Eagle Road and the new east/west roadway.
2. The southerly two parking spaces on each side of the east driveway, and the southerly three
parking spaces at the west driveway, along the new east/west roadway shall designated as
"Employee Parking Only".
3. Provide the City with a recorded cross access agreement for the site to the east to use this parcel
for access to the public streets. The City intends to require the developer of the parcel to the east
to provide an easement for access to the public streets across that site when that site is proposed for
development.
4. The CC&R's for this site shall require the owners of this commercial complex to maintain the
pathway and plazas along the Eagle Drain and maintain any landscaping within the right-of-way
abutting this site including the street trees and landscape strips between the sidewalk and the curb.
A public use easement shall be recorded for the pathway/plaza area, or shall be noted on any final
plat if the site is subdivided.
5. Provide a $4,800.00 cash deposit to the City for one half of the cost of a future 8-foot wide
pedestrian/bicycle bridge connecting First Street to this site's east/west pedestrian easement along
the Eagle Drain. The City intends to require the bridge to be constructed if and when the property,
which is at the south end of First Street abutting this site, is redeveloped in the future.
6. Trees #1,8,9, 15, 18, (and 14 if possible) shall preserved as recommended by the Arborist (see
site plan with trees numbered - attached to Arborist report). The landscape island at the south east
comer of the proposed bank shall be modified to preserve tree #15 (and #14 if possible without a
conflict with the drive isle).
7. Approximately nineteen street trees and 45 shade trees shall be required to have a minimum
caliper width of 4 to 5 inches each, to be determined upon design review.
8. Parking lot lighting is shall be reviewed by the City Engineer.
9. A separate design review application is required for any signs.
10. The plaza, to be connected to the drive-thru restaurant with an on-site sidewalk, and the plaza to
be located on the north side of retail pad "B", shall be reviewed and approved as a part of the
design review for this site.
I I. Retail pad "A" and the bank shall be provided a front plaza along the east/west roadway. The
plaza shall be reviewed and approved as a part of the design review for this site.
12. Construct a ten foot (10') wide sidewalk (attached to the required curb) along the new east/west
roadway abutting the site. Additional right-of-way may be required. Improvements shall include,
street trees at 35-feet on center, pedestrian lighting at 50 to 75-feet on center. Final improvement
plan to be approved by the Zoning Administrator. The sidewalk may be decreased to five feet in
width at the existing tree located near the intersection of the new east/west roadway and Eagle
Road.
13. Provide an eight foot (8') wide sidewalk, plus a ten foot (10') wide park strip with street trees
located a minimum of 35-feet on center and pedestrian lighting at 50 to 75-feet on center along
Eagle Road abutting the site. Final improvement plan to be approved by the Zoning Administrator
14. Minor site modifications shall be permitted if approved as a part of any design review for the site.
15. City approval for a rezone shall be required.
16. Provide the City with the final approval from ACHD.
17. Provide the City with a letter of approval from the drainage ditch company (Eagle Drain).
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18. Provide the City with a letter from the Sewer District which states that they WILL provide sewer
service to this site.
19. No construction trucks or commercial delivery trucks shall be allowed on 2nd Street. During
construction, signs, approved by the Zoning Administrator, shall be placed on the site stating that
construction trucks shall use Eagle Road and shall not be permitted to use 2nd Street. The CC&R's
for the development shall require all business owners to notify delivery service representatives that
commercial delivery trucks shall use Eagle Road and shall not be allowed on 2nd Street until and if
2nd Street is approved for commercial use by the City.
20. The driveway on Eagle Road shall be designed to prohibit left turns exiting the development onto
Eagle Road.
E. COMPANION APPLICATIONS: none
F COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Wells Fargo Bank
District)
Proposed no change no change Addition to the bank
North of site Central Business District CBD (Central Business Offices and a restaurant
District)
South of site Central Business District CBD -DA (Central Albertson's and a
Business District with a commercial complex
development
agreement)
East of site Central Business District CBD (Central Business Commercial complex
District)
West of site Central Business District CBD (Central Business McDonalds restaurant
District)
G. DESIGN REVIEW OVERLAY DISTRICT: TDA (Transitional Development Area)
H. EXISTING SITE CHARACTERISTICS:
The .67-acre site is currently occupied with the existing Wells Fargo Bank building,
parking lot, and landscaping. Within the entire 4.4-acre Eagle Plaza, there are two other
buildings (McDonalds and a commercial multi-tenant building), parking areas, and several
mature trees throughout the site. The Eagle Drain abuts the north property line and
consists of dense vegetation along the drain. It appears that water runs in this drain year
around.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of entire Eagle Plaza 4.4-acres 1,300 square feet minimum
lot size
Total Acreage of bank building parcel .67 -acres 1,300 square feet minimum
lot size
Percentage of Site Devoted to Building Coverage 21%* 20% minimum
(approximately)
Percentage of Site Devoted to Landscaping 13%* 10% minimum
(aoProximately)
Number of Parking Spaces for bank building 25 spaces 19 spaces minimum
Front Setback for bank building (south) I 1 feet * * 10'minimum -
25'maximum
Rear Setback for bank building (north) 120 feet ** O'minimum
Rear Setback for bank drive-thru (north) 56 feet ** O'minimum
Side Setback for bank building (east 44 feet - 6 inches O'minimum
**
Rear Setback for bank building (west) 54 feet - 9 inches O'minimum
**
* Note: Percentage of the entire Eagle Plaza site of 4.4-acres
**Note: Setbacks ofthe bank building site of .67-acres
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Building:
A 934 square foot addition is proposed for the existing bank building. The new
addition will be used for office space.
Height and Number of Stories of Proposed Building Addition:
The existing bank building height is 2 I feet - 6 inch (one story).
The new addition is proposed at 16 feet - 6 inch (one story).
Gross Floor Area of Proposed Buildings:
Existing Building; 2,765 square feet
Proposed Addition: 934 square feet
Total 3,699 square feet
On and Off-Site Circulation:
The site receives its access from two existing drives located off of East Plaza
Street. There is a mutual ingress and egress cross-access easement located on the
north, east, and west sides of the property boundary lines to allow traffic flow
between this property and Eagle Plaza. The new addition will not affect or
change the existing site drive aisles or parking spaces.
K. BUILDING DESIGN FEATURES:
Roof: Architectural (supreme) asphalt shingles (to match existing)
Walls: Sand and smooth stucco (light gray, dark gray, and mauve - to match existing)
Windows/Doors: Aluminum storefront framing - baked-on finish (to match existing)
Facia/Trim: EIFS (to match existing)
Other: Pre finished metal coping, gutter and downspouts (to match existing)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are several existing trees that will remain on the bank site. The applicant
will re-Iocate two trees from the east side of the building to the existing drainage
swell located on the north side of the site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix: To be reviewed and approved by the Design Review Board.
Street Trees: Three existing street trees located between the sidewalk and Plaza Street will
remam.
Maintenance Provisions and Proposed Irrigation Methods:
Automatic irrigation required and proposed.
Transition Zones: N/a
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is provided around the entire perimeter of Eagle
Plaza.
b. Interior Landscaping:
There are several existing landscape islands within the interior of the parking
lot. The islands are landscaped with trees, grass, and shrubs and have a total
area of approximately 9% of the interior parking lot. The Landscape
Guidelines call for a minimum of 8% interior parking lot landscaping.
M. TRASH ENCLOSURES:
The existing trash enclosure is located just beyond the northeast comer of the site. This
trash enclosure, shared with the Eagle Plaza businesses, was approved as a part of the
original development plan for the entire Eagle Plaza.
N. MECHANICAL UNITS:
The existing ground mounted mechanical units are located at the northeast comer of the
building behind a stucco wall, which matches the building. Due to the new addition, the
applicant will relocate the equipment in the same general area. The equipment will be
screened with a new stucco wall matching the building and additional landscaping.
O. OUTDOOR LIGHTING:
No new building, site, and parking lot lights are proposed or approved with this
application.
P. SIGNAGE:
The applicant does not propose to add any new signs or re-Iocate any existing signs at this
time. All existing signs will remain the same. In the future, any additional signs or
modifications will require the submittal of a sign application.
Q. PUBLIC SERVICES AVAILABLE:
Letters stating services are existing on the site have been received from the Eagle Sewer
District and Eagle Fire District.
R. PUBLIC USES PROPOSED:
The Eagle Plaza provides an existing east/west pedestrian pathway (with seating plazas)
running from Eagle Road to Second Street. An existing eight (8) foot wide
pedestrian/bicycle bridge over the Eagle Drain provides a connection to First Street.
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES FOR THE ENTIRE 4.4-ACRE EAGLE PLAZA:
Areas of Critical Environmental Concern - unknown
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - yes
(Eagle Drain) A 4-foot high wrought iron fence has been constructed on the north side of
the site along the Eagle Drain for a safety barrier.
Stream/Creek - Eagle Drain
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat Area - Eagle Drain
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
Central District Health
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Power
W. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. 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).
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. Eagle City Code Section 8-2A-6(A)(6)(e)
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
. Eagle City Code Section 8-2A-6(B)(1 )(h)
h. Stucco; twenty five percent (25%) planner change required, additional accents shall be
incorporated through the use of other material(s);
. Eagle City Code Section 8-2A-6(B)(5)(c) states in part
All vents protruding through the roof, and similar features shall be painted so as to match the
color of the roof.
. Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
. Eagle City Code Section 8-4-5
Bank/financial institution
1 per 200 square feet of gross floor area;
plus queue fro 4 cars per drive up window
C. DISCUSSION:
. The applicant seeks approval of a 934-square foot addition to the existing bank building. The
addition will be placed in the existing east side landscape area, which does not require changes to
the sites circulation routes or parking lot layout. The bank was approved and built in 1998, which
pre-dates the adoption of the Eagle Architecture & Site Design (EASD) book. At the time of the
original design, the building was approved with a "turn of the century" architectural style. The
existing building consists of sand and smooth stucco walls in three colors (light gray, dark gray,
and mauve), EFIS facia and trim, asphalt shingles, and aluminum windows and doors. The
applicant has designed the new addition to match the existing bank building. Eagle City Code
states that architecture styles provided in the EASD book should be used when designing or
adding to buildings in Eagle. The applicant has indicated that the "turn of the century"
architecture falls into the Prairie School style found in the EASD book. The characteristics
supporting this are outlined in the applicant's narrative dated April 28, 2006 (attached to the staff
report). Eagle City Code also states that stucco should only compose twenty five percent (25%) of
the wall unless a planer change occurs and additional accents are incorporated through the use of
other material(s). A large majority of the walls are composed of stucco, but they are broken up
through the use of smooth/sand finish, scoring marks, and a variety of colors. Staff encourages the
Design Review Board to comment on whether the existing architecture and new addition meets the
intent of the Prairie School style and whether the stucco has been broken up enough to meet the
stucco requirements of the code.
. Continuous landscaping is provided around the entire perimeter of Eagle Plaza. Since this is a
parcel integrated within the 4.4-acre Eagle Plaza, the applicant has not placed continuous
landscaping on the north, east, and west boundaries of the site. The three boundaries are a portion
of the drive aisles/parking lot and are dedicated as mutual ingress and egress cross-access
easements. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is
required between the property lines and the parking lot and should be planted with a minimum of
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one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staffs opinion
that because the existing site is integrated with Eagle Plaza, providing cross access between
parcels, and because the landscape buffer requirements of Eagle City Code Development require
extensive landscaping to buffer the parking lot from the public right-of-way, the applicant should
not be required to provide a perimeter landscape strip on the north, east, and west property lines.
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 June 8, 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 to approve DR-14-06 MOD for a design review application to construct a
building addition to Wells Fargo Bank within Eagle Plaza for Wells Fargo Bank, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the site specific and standard conditions of approval of CU-I-97/CU-2-97.
2. All roof vents shall be painted to match the color of the roof.
3. RtJpaiRt Resurface the entire building, after the addition is complete, with the approved colors to
ensure the colors are consistent throughout the building. The applicant shall have the option of
resurfacing the entire building and addition with a new top coat or resurfacing the entire building and
addition with the American Elastic product (or similar product). .^JI painting Resurfacing shall occur
prior to the building receiving a certificate of occupancy for the addition.
4. All existing and proposed ground mounted transformers, cable, and phone boxes shall be screened by
landscaping per Eagle City Code.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
8. No signs are proposed or approved with this application. A separate design review application shall be
submitted for any additional or modifications of existing signs for this building.
9. Provide a revised landscape plan eliminating the small sod piece located on the south side of the
building and replacing it with similar materials found on the site. The revised landscape plan shall be
reviewed and approved bv staff and one member of the design Review Board prior to the City issuing
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a zoning certificate for this site.
10. The applicant shall meet with the City Forester on-site regarding the method of transplanting the two
(2) Red Bud Trees prior to the City issuing a zoning certificate for the 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
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
Construction. A copy of such written approval and certification shall be filed with the construction
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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.
1 I. 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 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
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Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having Jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use ofthe 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:
1. The application for this item was received by the City of Eagle on May 2, 2006.
2. Requests for agencies' reviews were transmitted on May 8, 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-14-97 MOD) 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 herem,
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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 CBD (Central Business District) zoning district.
DATED this 22nd day of June 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
~~-
E . c R. MCCUllo:g Srman
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Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\1997\DR-14-97 MOD dr[doc