Findings - DR - 2007 - Dr-117-06 - Construct A 5658 Sq' 2-Story Reatail/Office/Apartment Building/172 E Idaho St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A TWO )
STORY RETAIL/OFFICE/APARTMENT BUILDING )
FOR OLD VILLAGE PROPERTIES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-117-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 26, 2007. 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:
Old Village Properties, LLC, represented by Mary Frances Argusa, is requesting design review
approval to construct a 5,658-square foot; two story retail/office/apartment building. The site is
located on the north side of East Idaho Street approximately 200-feet east of Eagle Road at 172
East Idaho Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 31, 2006. Revised building
elevations were submitted to the City on January 23, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 27, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-I 18-06 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Residential dwelling
District)
Proposed No Change No Change Retai I/Office/Res i den tial
Apartment Building
North of site Residential R-4 (Residential) Residential dwelling
South ofsite Central Business District CBD (Central Business Residential dwelling
District)
East of site Central Business District CBD (Central Business Residential dwelling
District)
West of site Central Business District CBD (Central Business Residential dwelling
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site IS located within the TDA (Transitional
Development Ares).
H. EXISTING SITE CHARACTERISTICS: There is an existing residential dwelling located on the site.
The applicant is proposing to remove the dwelling unit.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 6,88 I-square feet (0.1 58-acres) 500-square feet (0.0 I-acres minimum)
Percentage of Site Devoted to 53% (approximately) 20% (minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 28% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 3-covered parking spaces l7-parking spaces total (minimum)
3-covered parking spaces (minimum)
Front Setback 10-feet (south) 10-feet (minimum)*
25-feet (maximum)*
Rear Setback 7 .5-feet (north) O-feet (minimum)
Side Setback 3-feet (east) O-feet (minimum)*
I O-feet (maximum)*
Side Setback 6-feet (west) O-feet (minimum)*
I O-feet (maximum)*
* Note: Requiremenl when loealed within the TDA (Transiliona1 Development Area).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two buildings; one office/retail/apartment building and one
detached garage.
Height and Number of Stories of Proposed Buildings: 27' 4"; two stories.
Gross Floor Area of Proposed Buildings: 3,648-square feet (151 floor and detached garage)
2,980-square feet (2nd floor)
6,628-square feet total
On and Off-Site Circulation:
With the exception of the three covered residential parking spaces located within the detached
garage, there is no on-site parking proposed with this development. The covered parking spaces
will be accessed by a 16-foot wide paved alley located adjacent to the north property line
providing access to I st Street.
K. BUILDING DESIGN FEATURES:
Roof: Elastomeric (grey)
Walls: Brick (waterton), stucco (canyon clay)
Windows/Doors: Aluminum windows and doors (bronze)
Fascia/Trim: Wood (buckskin and sea oats)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing to install two (2) street trees adjacent to Idaho Street with
the City Seal.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/ A
Letter from the City Forester: Memo from Julie Lafferty, dated March 23, 2007 (attached).
M. TRASH ENCLOSURES:
One 6O-square foot trash enclosure is proposed to be located at the northwest comer of the site
approximately I OO-feet west of 151 Street. The enclosure is proposed to be constructed of brick
with metal gates, all of which will match the materials and colors used in the construction of the
building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened by a 4-foot high split face block screen wall.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
A preliminary approval letter from Eagle Fire Department has 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
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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:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Eagle Fire Department
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.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6(A)(S)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
· Eagle City Code Section 8-2A-6(A)(6)
Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment, to provide shadow
relief. Avoid monotonous flat planes;
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. Eagle City Code Section 8-2A-6(B)(I)(h)
Stucco: twenty five percent (2S%) planer change required, additional accents shall be
incorporated through the use of other material(s);
. Eagle City Code Section 8-2A-6(B)(1)(j)
Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters,
dormers, cupolas, columns;
· Eagle City Code Section 8-2A-6(D)(2)(f)
Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum
of fifty percent (SO%) glass. Floors above the main floor shall have a minimum of twenty five
percent (2S%) glass.
· Eagle City Code Section 8-2A-6(D)(2)(h)
Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4').
Exceptions may be permitted if another building entry design feature can meet the intent of
this requirement and is approved by the design review board and city council.
· Eagle City Code Section 8-2A-6(G)(13)
Sidewalks within the IDA shall be a minimum often feet (10') wide and shall abut the curb or
shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between
the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be
constructed to match the sidewalk exhibit within the EASD book, consisting of smooth and
textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed
generally as shown on the bulb out exhibit within the EASD book and shall be required at all
intersections, except that bulb outs shall not extend into any roadway designated as an arterial
or collector as shown on the Ada County long range highway and street map unless otherwise
approved by the highway district having jurisdiction. A reduced sidewalk section may be
permitted if the design review board finds that the preservation of existing trees warrants a
reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width.
· Eagle City Code Section 8-4-4-3 JOINT/COLLECTIVE PARKING FACILITIES:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
I. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
e. Ifa public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
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2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for ajoint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1 A of
this chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance ofa building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses
has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modifY, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
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 ofthe number required for each use served unless a
conditional use is approved by the city council.
8. No use shall be continued if the parking is removed from ajoint/collective parking
facility unless substitute parking facilities are provided.
· Eagle City Code Section 8-4-4-5
Within the central business district, as defined by the city of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use, the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
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be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty (20) spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
· Eagle City Code Section 8-4-5 SCHEDULE OF PARKING REQUIREMENTS:
RESIDENTIAL
Apartments or multi-family dwellings
For each unit with 2 or more bedrooms - 2
including I 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 parking
requirement
COMMERCIAL
Offices, business and professional
I per 250 square feet of gross floor area
Retail sales not listed under another use I per 250 square feet of gross floor area
classification
C. DISCUSSION:
· The applicant is proposing to construct a two story Italianate style building. The first floor will be
used for office and retail uses and the second floor will have three residential apartments. The
applicant is proposing to use brick on the entire south building elevation with the exception of
some wood panels above the doors and below the windows. The brick on the south building
elevation wraps around on the east and west building elevations a total of2 Y2-feet. The applicant
is proposing stucco on the east, west, and north building elevations. Per Eagle City Code, if stucco
is used, a twenty five percent (25%) planer change is required, and additional accents are to be
incorporated through the use of other materials. The applicants architect has provided the
percentage of planer change provided on each building elevation (see sheet 2). The architects
calculations include the stucco frame proposed around each window and door. While technically
the calculations the architect provided are correct, staff does not concur that the applicant has met
the intent of Eagle City Code. No additional building materials have been proposed on the east,
west, and north building elevations, with the exception of the handrail on the west building
elevation and two wood panels on the north building elevation. The applicant should be required
to provide revised east, west, and north building elevations showing additional accents (i.e.: fabric
awnings, shutters, cupolas, etc.). The revised building elevations should be reviewed and
approved by the Design Review Board prior to the City issuing a zoning certificate for this site.
· Per Eagle City Code, all buildings are required to include a "storefront" on the ground floor
consisting of a minimum of fifty percent (50%) glass. Floors above the main floor are required to
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have a minimum of twenty five percent (25%) glass. The elevation plans date stamped by the City
on January 23,2007, show approximately thirty nine percent (39%) glass on the ground floor and
sixteen percent (16%) glass on the second floor. The applicant should be required to provide a
revised south building elevation showing fifty percent (50%) glass on the ground floor and twenty
five percent (25%) on the second floor. The revised elevation should be reviewed and approved
by the Design Review Board prior to the City issuing a zoning certificate for this site.
· Sheet I, date stamped by the City on January 23, 2007, shows a two foot (2') recessed entry
proposed on the south building elevation (facing Idaho Street). Per Eagle City Code, building
entries facing a street are required to be recessed a minimum of four feet (4'). The applicant
should be required to provide a revised floor plan showing a four foot (4') recessed entry on the
south building elevation. The revised floor plan should be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
· A total of seventeen (17) parking spaces, three (3) of which are required to be covered, are
required with this development. The applicant is proposing to construct three (3) covered parking
spaces located within a detached garage near the north boundary of the site. No other on-site
parking is proposed with this development. Within the applicant's justification letter date stamped
by the City on October 31, 2006, the applicant is stating that together with a twenty percent (20%)
parking reduction permitted by the Zoning Administrator, paying the in lieu fee of$5,700.00 per
parking space required, and with the existing parking lot located across the street, there will be
adequate parking for this development.
A total of seventeen (17) parking spaces are required with this development. The following is a
breakdown of how the applicant is proposing to achieve the required parking or pay for the
required parking associated with this development:
Required 17 parking spaces
Covered spaces required
Guest parking
-3
.75
parking spaces
parking space
provided on-site
provided on the street
13.25 parking spaces
-2.65 parking spaces
10.6 parking spaces - II parking spaces
x $5,700.00/parking space
$62,700.00 required to be paid to the City of Eagle
As noted above, staff's calculation of how many parking spaces would be required to be paid for
in an in lieu payment is II-parking spaces. Per the applicant justification letter date stamped by
the City on October 3 I, 2006, the applicant indicates only 9-parking spaces would require an in
lieu payment. It appears that the applicant has counted two (2) on-street parking spaces for guest
parking and subtracted that from the total parking spaces required. While two (2) on-street
parking spaces will be provided with this development, only 0.75 or l-on-street parking space for
guest parking is required with this development. Thus, staff's calculation of II-parking spaces
would require the applicant to submit an in lieu payment of $62,700.00 to the City.
The applicant notes within their justification letter that the parking lot located on the southwest
corner of Idaho Street and 151 Street was constructed by City of Eagle partly with funds paid by the
owner ofdaVinci's Restaurant. DaVinci's Restaurant does not open until 4:00 P.M., while the
applicant's proposed retail and office uses would be open from 8:00 A.M. to 5:00 P.M. Thus,
there would be an hour, possibly two hours, where the parking for each use would overlap.
20% reduction
In lieu payment
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If the twenty percent (20%) parking reduction and in lieu payment is not approved by the City, the
development as proposed can not be constructed, as there is insufficient parking. The applicant
would need to redesign the site to accommodate the required parking or acquire additional land to
provide the required parking.
Staff defers comment regarding the parking to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on April 26, 2007, 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 6 to 0 (Weber absent) to approve DR-I 17-06 for a design review application to
construct a two story retail/office/apartment building for Old Village Properties, 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:
I. Provide a revised elevation plan showing an awning to be located over the entrance to the building on
the south building elevation. The color. construction, etc. shall be reviewed and approved bv staff and
two (2) members of the Design Review Board prior to the City issuing a zoning certificate for this site.
pfl),/ise revised east, west, lIRd RertH l<lllilding ele\'atieRs showiRg assitieRal acceRts (Le.: fabrie
aWRiRgs, shlltters, alll3e1as, eta.). THe revised BllilsiRg ele"atieRs sHall Be reviewed afId al3l3reves by
tHe DesigR Review Beard jJrier te tHe City iSSlliRg a zORiRg eeFtif.ieate for tHis site.
;h The elevation plans date stamped by the City on January 23, 2007, showing thirty nine percent (39%)
glass and sixteen percent (16%) glass on the first and second floors (respective Iv) are approved.
Pre'iise a revises SOlltH bllilsiRg elevatieR sltowiRg fifty l3ereeRt (59%) glass OR tHe grellRs floor aRd
tweRty five jJereeRt (25K) OR tlte seeoRd fleer. The revises elevatioR shall Be revie'Ned aRd aflfJre\'ed
by the Design Re';iew Bears I3rior te tlte City isslliRg a zeRiRg eertifieate fur tltis site.
3. Provide a revised floor plan showing a three fuffi' foot (lA') recessed entry on the south building
elevation. The revised floor plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City issuing a zoning certificate for this site.
4. The applicant shall remove all structures from the site prior to the issuance of any building permit for
the site. Demolition permits shall be obtained prior to the removal of said buildings.
5. The existing septic system shall be abandoned. Proper permits shall be obtained prior to the removal
of the septic system.
6. The existing well shall be disconnected from domestic use converted through IDWR to other uses or
abandoned.
7. The construction of the sidewalk adjacent to Idaho Street shall match the sidewalk exhibit within the
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EASD book, consisting of smooth and textured concrete with a "running bond" brick pattern.
8. All overhead power, phone, cable, etc. and poles associated with these utility, with the exception of the
east/west transmission line along the alley, shall be installed underground and removed prior to the
City issuing a certificate of occupancy.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
II. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
13. No signs are proposed with this application. A separate design review application (DR- 118-06) has
been submitted for the approval of a master sign plan for this building. The sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
14. Provide revised elevations showing brick accents on all comers and the cornice to continue on all
building elevations of the garage. The revised elevations shall be reviewed and approved by staff and
two (2) members of the Design Review Board prior to the City issuing a zoning certificate for this site.
15. Provide revised elevations showing: the brick proposed on the south building elevation wrapping
around the east and west sides of the building. The brick shall continue on the east and west building
elevations approximatelv nineteen feet (19') from the front plane of the building to the north. The
revised building elevations shall be reviewed and approved bv staff and two (2) members of the
Design Review Board prior to the City issuing a zoning certificate for this site.
16. Provide revised elevations of the proposed fence and trash enclosure replacing the split face block with
brick to match that used in the construction ofthe building. The revised fence and trash enclosure
detail shall be reviewed and approved by staff and two (2) members of the Design Review Board prior
to the City issuing a zoning certificate for this site.
17. The colors and materials presented by the applicant are approved.
18. Provide revised building elevations showing brick accents on the columns of the stair cases. The
revised building elevations shall be reviewed and approved bv staff and two (2) members ofthe
Design Review Board prior to the City issuing a zoning certificate for this site.
19. The applicant shall pay a parking in lieu pavment to the City in the amount of $62,700.00 for the
eleven (I I) parking: spaces required with this development. The in lieu payment shall be submitted to
the City prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements ofthe 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
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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 (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.
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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] ,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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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 City
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 the City Council for review and approval.
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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 ofthe 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 City Council 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 31, 2006.
2. Requests for agencies' reviews were transmitted on November 27, 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-I 17-06) 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.
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DATED this lOth day of May 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun
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Page 15 of 15
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