Findings - DR - 2006 - DR-104-06 - Convert 10 Apartment Buildings Into 88 Residential Condominiums And Constuct 1387' Ch
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONVERT 10 APARTMENT )
BUILDINGS INTO 88 RESIDENTIAL CONDOMINIUMS )
AND CONSTRUCT A CLUBHOUSE FACILITY )
FOR 727 EAST STATE STREET, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-I04-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 9, 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:
727 East State Street, LLC, represented by James G. Murray, AlA with CHSQA, is requesting
design review approval to convert ten apartment buildings into 88 residential condominiums and
construct a I ,387-square foot clubhouse facility. The site is located on the south side of East State
Street, approximately I 60-feet west of Palmetto A venue at 727 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 4,2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 19, 2006, in accordance with the
requirements of the Eagle City Code,
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-I05-06 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Apartment Complex
District
Proposed No change No change Residential Condominiums
North ofsite Central Business District CBD (Central Business Bank, paint store, office,
District vacant lot
South of site Central Business District CBD (Central Business Outdoor storage facility
District
East of site Mixed Use MU (Mixed Use) Outdoor and indoor storage
facility
West of site Central Business District CBD (Central Business Mobile home park
District
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the CEDA.
H. EXISTING SITE CHARACTERISTICS: There are ten (10) existing apartment building with
associated parking, mature trees, and play area.
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I. SITE DESIGN INFORMATION:
Site Data Existing Req uired
Total Acreage of Site 4,86-acres (211 ,702-square feet) 0.0 I-acres (500-square feet)
Percentage of Site Devoted to 20% (approximately) 20% (minimum when located
Building Coverage within the CEDA)
85% (maximum when located
within the CEDA)
Percentage of Site Devoted to 60% (approximately) 15% (minimum)
Landscaping
Number of Parking Spaces I42-parking spaces I 78-parking spaces (minimum)
88-coverd parking spaces 88-covered parking spaces
22-guesl parking spaces
Front Setback IS-feet (north) * 20-feet (minimum when
located within the CEDA)
Rear Setback 20-feet (south) * O-feet (minimum)
Side Setback 17-feet (west) * 1 O-feet (minimum when
located within the CEDA)
Side Setback 20- feet (east) * I O-feet (minimum when
located within the CEDA)
* Note: Setbacks are measure from the property line to the closest building.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: 1 O-existing building to be converted into 88-residential
condominiums.
I -clubhouse facility.
Height and Number of Stories of Proposed Buildings: Existing buildings = 25' 6" height, two stories.
Clubhouse facility = 14' 7", one story.
Gross Floor Area of Proposed Buildings:
Type A Condominiums = 6,352-square feet (6-units)
Type B Condominiums = 8,022-square feet (2-units)
Type C Condominiums = 1 I ,780-square feet (2-units)
= 38, I 12-square feet
= I 6,055-square feet
= 23,560-square feet
77,72 7 -sqare feet total
Clubhouse facility = I ,387-square feet
On and Off-Site Circulation:
A 44,020-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 28-foot wide driveway is located on the north side of this site approximately 240-feet
south of East State Street.
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K. BUILDING DESIGN FEATURES:
Condominiums
Roof: Composite Asphalt Shingle (Grey)
Walls: Vinyl siding (existing), hard i-plank (white/off white)
Windows/Doors: Vinyl windows (white - existing), Wood doors (natural wood)
Fascia/Trim: Vinyl clad (white - existing), Wood
Other: Metal railings (black), decorative gable ends, stone columns, decorative shutters
Clubhouse
Roof: Composite Asphalt Shingle (Grey)
Walls: Horizontal siding, cultured stone veneer (cobblefield 'Ohio')
Windows/Doors: Vinyl windows, wood doors
Fascia/Trim: Wood trim
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees on site
that the applicant is proposing to retain,
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: N/ A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/ A
M. TRASH ENCLOSURES:
Three 72-square foot trash enclosures exist throughout the development. The applicant is
proposing to install a six foot (6') high vinyl panel fence with metal gates around each of the units.
The vinyl fence and metal gates will match that used throughout the development.
N. MECHANICAL UNITS:
Ground mounted mechanical units exist throughout the entire development. The applicant is
proposing to install screen walls and landscaping to screen the ground mounted mechanical units.
No rooftop mechanical units are proposed and none are approved.
0, OUTDOOR LIGHTING:
The applicant is proposing to remove the existing site and building light fixtures and replace them
with fixtures that match the craftsman theme that the applicant is trying to achieve with the
remodel of this development.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from 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 - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V, AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public,
quasi-public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district requires a CBD
zoning designation upon any rezone.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(6)(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)
Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed, If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator, the design review
board, and the city council, whichever the case may be, to determine the appropriateness of
such material.
I, Exterior walls and soffits:
a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding,
wood shingle are permitted for accent only, twenty five percent (25%) maximum wall
coverage (per each facade);
Synthetic board and bat sidings are permitted as accents only, Plywood is prohibited.
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
3. Fences:
a. Vinyl: integral color required;
4. Decks and patios:
a, Concrete (stamped finish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood (pressure treated, redwood).
5. Colors:
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c, Roof mounted mechanicals, all vents protruding through the roof, and similar
features shall be painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the
exterior colors of the building.
. Eagle City Code Section 8-2A-6(E)
Community Entry Development Area: CEDA shown on exhibit A-I within the EASD book,
] . Purpose: To provide a sense of entry into the city and transition development into the
central business district in support of the comprehensive plan.
2. Architectural Character:
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b. Orientation: Shall be designed so that at least seventy percent (70%) of the
building's ground level, street facing facades are constructed to abut and be oriented to
a public sidewalk or plaza,
c. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
d. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include, but is not limited
to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior
lighting, ledges, eaves, colors and materials.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section 8-2-4 of this chapter, the setback requirements below
shall control.
a. Front building setbacks from the property line shall be twenty feet (20') minimum,
b. Side building setbacks shall be ten feet (10') minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%) and a maximum of eighty five percent (85%) in which case off site parking
shall be provided for.
. 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 8-4-4-3(A)(7)
The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20%) of the sum of the number of spaces required for
each use only if the provisions of this chapter have been met. The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of the
sum of the number required for each use served unless a conditional use is approved by the
city council.
. Eagle City Code Section 8-4-5
RESIDENTIAL
Apartments or multi-family dwellings
For each unit with 2 or more bedrooms - 2
including 1 covered; for each I bedroom or
studio unit - 1.5 including I covered. 0.25
spaces per unit shall be provided for guest
parking, Adjacent on street parking spaces on a
local street may be credited toward the guest
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parking requirement
C. DISCUSSION:
. The applicant is proposing to convert the existing apartment units into condominiums, so no
additional residences will be created. The buildings, parking, covered parking, landscaping, etc.
already exist. This development was approved and built prior to the EASD book being created;
however, the applicant is adding architectural details and materials to give the buildings the
appearance of Craftsman Style architecture. The applicant is proposing to retain the existing vinyl
siding, windows, and composite shingle roof on each of the units, Decorative elements within the
gables, metal railings, stone tapered columns, shutters, color, craftsman style light fixtures, and
wood doors are just a few of the features that are to be added to the existing buildings.
. This site does not have frontage along a public street, however, they have a fifty foot (50') wide
easement that provides access to East State Street. There are existing sidewalks throughout the
entire development that provides pedestrian access to each unit as well as to East State Street. The
applicant has indicated areas that will have bike racks to be located throughout the site.
. Per Eagle City Code, for each unit with two or more bedrooms, two parking spaces including one
covered are required, For each one bedroom or studio unit, one and one half parking spaces
including one covered is required. For each unit .25-parking spaces are required for guest parking.
If this development was constructed today, a total of one hundred seventy eight (178) parking
spaces would be required to be constructed. A total of one hundred fifty six (156) parking spaces
would be required for the residential units with eighty eight (88) covered parking spaces and
twenty two guest parking spaces. With that said, the site exists today with a total of one hundred
forty two (142) parking spaces with eighty eight (88) covered parking spaces and the remaining
fifty four (54) parking spaces to be used for the residences as well as guest parking, Per Eagle City
Code, the zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each
use only if the provisions of this chapter have been met. The maximum allowable reduction in the
number of spaces to be provided shall not exceed twenty percent (20%) of the sum of the number
required for each use served unless a conditional use is approved by the city council. If the Zoning
Administrator permitted a twenty percent (20%) parking reduction, the one hundred forty two
(142) parking spaces provided on this site would meet Eagle City Code.
The applicant has submitted supplemental documentation from other states with regard to the
required parking if this development was constructed in their jurisdiction. The total parking
spaces required when using the average of the other jurisdictions parking requirement totals one
hundred thirty seven (137).
Staff defers comment regarding the required parking spaces to the Design Review Board.
. This site is located within the CEDA (Community Entry Development Area) which requires the
buildings to be oriented to a plaza area or public sidewalk, the front setback to be twenty feet (20')
and side setbacks to be ten feet (10'). It is staffs opinion that since the buildings already exist and
that this site is not located adjacent to a public right-of-way that the front setback, side setback,
and orientation to a plaza or public sidewalk should not be required with the conversion of this
apartment complex.
. Staff defers comment regarding building design and colors to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 9, 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 (Grubb absent) to approve DR-I 04-06 for a design review application to
convert 10 apartment buildings into 88 residential condominiums and construct a clubhouse
facility for 727 East State Street, 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 ofCP-3-06 (Rock Pointe Condominiums).
2. Provide a revised landscape plan showing the location of all pedestrian amenities. Detailed cut sheets
showing the style, color, size, etc. of all pedestrian amenities shall be submitted. The revised
landscape plan and cut sheets 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. signing the eondominilolm plat
3. All living trees shall be preserved, loin less other'Nise determined by the City Forester. A detailed
landscape plan showing how the trees will be integrated into the open space areas or parking pAvate
lots (unless approved for removal by the City Forester and the Design Review Board) shall be
provided for Design Review Board approval prior to the City issuing a Zoning Certificate slolbmittal of
a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing
trees. SubseqHent to the on site meeting, ~eonstruction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site,
4. Any overhead utilities and existing poles serving the existing dwelling and accessory structures shall
be removed and placed underground prior to the City Clerk signing the final plat
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No signs are proposed with this application, A separate design review application (DR- I 05-06) has
been submitted for the approval of a sign plan for this development The sign plan shall be reviewed
and approved prior to the City issuing a zoning certificate for this site, Clerk signing the final plat for
this site.
7. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Provide detailed cut sheets and site lavout of the playground equipment proposed near the northwest
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corner of the development The cut sheets and site lavout 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.
10, The color pallet presented on the color board is approved.
I 1. Provide a plan showing pedestrian cross access between this properlY and the properties to the east,
west, and south. The plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site. A pedestrian cross access agreement shall be reviewed and approved bv the
City attorney and recorded prior to the City issuing a building permit for this development.
12. The applicant shall be required to repair and paint all overhead parking structures to match the colors
used on the buildings. The parking structures shall be repaired and painted prior to the City issuing a
certificate of occupancy for this site.
13. Provide a revised landscape plan showing the patio and hard surfaces around the clubhouse to be
pavers or textured, stamped, and stained concrete. Detailed cut sheets showing the color, pattern, and
texture shall be submitted to the City, The revised landscape plan and detailed cut sheets 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.
14. Work with the City Forester to confirm that the proper quantity of trees are installed within this
development per the original landscape plan for the apartment complex, If additional trees are
required. a revised landscape plan shall be submitted showing the additional trees. The revised
landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for
this site.
15, Provide a revised site plan indicating the existing wood fence located along the north property line and
a portion of the east property line is to be removed and replaced with vinyl fencing as indicated to be
installed on the south, east, and west properlY lines, The revised site plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site,
16. Provide revised building elevations showing three dimensional character, such as stone, to be added to
the first floor of all four sides of the building, Provide revised building elevations showing a four inch
to six inch (4" to 6") vinyl trim to be installed around the windows as well as muntins added to the
windows to create the six over one look. 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.
17, The parking as shown on the landscape plan date stamped by the City on October 4,2006. is approved.
ST ANDARD 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.
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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 (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
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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
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.
2 I. 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.
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22, Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modifY the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code,
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application,
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on October 4,2006.
2. Requests for agencies' reviews were transmitted on October 19, 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- 104-06) 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 CBD (central business district) zoning district.
5. Regarding Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay district, the City Council may, at their discretion,
suspend or relax some or all requirements found in this code, if the City Council determines a
particular site, setting, or use to be of historical significance. The Board has determined that this
development provides an exceptional opportunity for residential ownership within downtown Eagle
while providing an opportunity for the residence to walk to work, recreate, shop, etc., and recommends
that the requirements (i.e,: orientation to plaza/public sidewalk, and setbacks) of the Community Entry
Development Area not be required within this development.
Page 13 of 14
K\Planning Depl\Eagle AppliclIlions\Dr\2006\DR-l 04-06 drf doc
DA TED this 28th day of December 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ad, (G~ Idoho I. ilj
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Eric R. McCullough, Ch .
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Page 14 of 14
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