Findings - DR - 2007 - DR-30-07 - Construct 2 Multi-Tenant Retail/Restaurant/Office Buildings In Lonesome Dove Subdivis
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT TWO )
MULTI-TENANT RETAILIRESTAURANT/OFFICE )
BUILDINGS WITHIN LONESOME DOVE )
SUBDIVISION FOR LONESOME DOVE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-30-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 14, 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:
Lonesome Dove LLC, represented by Walter Lindgren with Johnson Architects, is requesting design
review approval to construct two multi-tenant retail/restaurant/office buildings within Lonesome Dove
Subdivision totaling 60,000-square feet. The site is located on the southwest comer of East Riverside
Drive and Edgewood Lane at 1505 East Riverside Drive.
B. APPLICA TlON SUBMITTAL:
The City of Eagle received the application for this item on May 9, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 21, 2007, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 21, 2006, the Eagle City Council approved an annexation and rezone application
for this site (A-12-05/RZ-19-05).
On February 13,2007, the Eagle City Council approved the preliminary plat for Lonesome Dove
(PP-18-06).
On March 27, 2007, the Eagle City Council approved the common area landscaping and
clubhouse within Lonesome Dove (DR-I-07).
E. COMPANION APPLICATIONS: DR-31-07 (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 Mixed Use, Floodway RUT (Residential - Ada Commercial horse arena
and Scenic Corridor County Designation) (Lonesome Dove Ranch)
overlay and pasture
Proposed No Change MU-DA (Mixed Use with Mixed use development
Development Agreement) including commercial,
(pending adoption of Rezone retail, single-family, and
Ordinance) multi-family residential.
North ofsite Public/Semi-Public and PS (Public/Semipublic) and A ACHD Park and Ride,
Mixed Use (Agricultural), MU-DA State Highway 44, Eagle
(Mixed Use with River Development
Development Agreement)
South ofsite Residential Two and R-2-P (Residential - two units Boise River
Floodway per acre Planned Unit Rivers End Planned Unit
Development) and RP (Rural Development
Preservation- Ada County
Designation)
East of site Mixed Use RUT (Residential - Ada Proposed Eagle Gateway
County designation) and MU South development
(Mixed Use)
West ofsite Mixed Use RUT (Residential - Ada Proposed Lofts at Eagle
County designation) River development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: This portion of the development is undeveloped and has no
existing trees on the site.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Req uired
Total Acreage of Site 162,972-square feet (3.7 4-acres) 7,000-square feet (0.16-acres)
(minimum)
Percentage of Site Devoted to 18% (approximately) 60% (maximum) **
Building Coverage
Percentage of Site Devoted to 42% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 212-parking spaces 264-parking spaces (minimum)
212-parking spaces (minimum if
20% parking reduction is
approved)
Front Setback * 7.5-feet (Bldgs A & B - south) 7.5-feet (minimum) (allows
7.5-feet (Bldgs C & D - north) canopies, awnings, etc. to
encroach) **
Rear Setback * 25-feet (Bldg A - north) I O-feet (minimum) **
55-feet (Bldg C- south)
Side Setback * 7.5-feet (Bldg A & B - east) 7.5-feet (minimum) **
7.5-feet (Bldg D - east)
Side Setback * 285-feet (Bldg A & B - west) 7.5-feet (minimum) (Street
I 78-feet (Bldg C - west) side )**
* Setbacks are measured from the property line to the closest building.
** Setbacks and lot coverage per the development agreement for Lonesome Dove (A-12-05/RZ-19-
05).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Three (3) buildings to be used as retail, restaurant, and
offices.
Height and Number of Stories of Proposed Buildings: 35-feet, two stories.
Gross Floor Area of Proposed Buildings:
Building I sl floor
Building A = 10,0 19-square feet
Building B = 7,913-square feet
Building C = 5,880-square feet
Building D = 5.964-sQuare feet
Total =
2nd floor
10,243-square feet
8,1 37-square feet
5,880-square feet
5.964-sQuare feet
Total
20,262-square feet
16,050-square feet
II ,7 60-sq uare feet
11.928-sQuare feet
60,000-square feet
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On and Off-Site Circulation:
A 65,300-square foot total (approximately) paved parking lot provides parking for vehicles using
this site. A 39,642-square foot (approximately) paved parking lot provides parking for vehicles on
Lot I (buildings A and B) and a 25,656-square foot (approximately) paved parking lot provides
parking for vehicles on Lot 2 (buildings C and D). Two 24-foot wide driveways are proposed to
be located on the south side of Lot I, providing access to the realigned East Riverside Drive
approximately 358-feet and 628-feet west of South Edgewood Way. One 24-foot wide driveway is
proposed to be located on the north side of Lot I, providing access to the existing East Riverside
Drive approximately 327-feet west of South Edgewood Lane.
One 24-foot wide driveway is proposed to be located on the north side of Lot 2, providing access
to the realigned East Riverside Drive approximately 447-feet west of South Edgewood Lane. One
24-foot wide driveway is proposed to be located on the south side of Lot 2, providing access to the
new east/west roadway approximately 500-feet west of South Edgewood Lane.
K. BUILDING DESIGN FEATURES:
Roof: Single ply (White)
Walls: Interstate Brick (Mt. Red, Copperstone)
Stucco (Roycroft Mist Gray, Roycroft Copper Red, Rainstorm, Birdseye Maple,
Rookwood Amber, Roycroft Suede, Bunglehouse Blue, Colonial Revival Green Stone,
Rookwood Dark Green, Nomadic Desert, Rookwood Antique Gold, Best Bronze,
Downing Straw, Refuge, Wood Brown)
Fiber Cement siding (Mist Gray, Maple, Suede, Blue, Desert)
Windows/Doors: Kawneer Windows and Doors (Fluropon Antique and Medium Bronze)
Fascia/Trim: Hardi trim (Copper Red, Rainstorm, Downny Straw, Amber, Brown, Mist Gray,
Dark Green, Desert, Gold, Bronze)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees on this portion
of the development.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees were reviewed and approved by the Design Review Board In a
previous design review application (DR-I-07).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of both parking areas.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
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M. TRASH ENCLOSURES:
Two 88-square foot trash enclosures are proposed to be located within this development. One
trash enclosure is to be located in the parking lot just north of Building 8 and the other is to be
located in the parking lot south of Building D. The enclosures are proposed to be constructed of
CMU block with Interstate Brick (Copperstone) veneer and Wrought Iron Gates (Satin Black), all
of which match the colors and materials used in the construction of the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
with this application and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the 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:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - 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
req u ired
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Central District Health
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Letter from Julie Lafferty, City Forester, dated June 5, 2007 (is incorporated herein by reference
and attached to the staff report).
STAFF ANALYSIS PROVIDED WITlDN 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 Mixed Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Provide a revised preliminary plat showing the pathway adjacent to Riverside Drive similar in
size and width (approximately 10') to the pathway adjacent to Riverside Drive to the west of this
development prior to submitting a design review application.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
3.4 The Setbacks shall be as follows:
. Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to encroach)
Rear 10 feet
Interior Side 7.5 feet (2-story) 112.5 feet (3-story)
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU zoning designation (except as limited in
Section 3.6, below). Buildings up to a maximum of 10,000 square feet each are permitted for this
area.
D. 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
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mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
· Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (S') wide by six foot (6') high
landscaped buffer is required.
. 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-S
Offices, business and professional
Restaurants, dining rooms, taverns
nightclubs, etc.
Retail sales not listed under another use
classification
I per 2S0 square feet of gross floor area
I per ISO square feet of gross floor area; plus
I per 3S square feet dance floor
I per 2S0 square feet of gross floor area
E. DISCUSSION:
. The applicant is proposing to construct four (4), two (2) story officelretaillrestaurant buildings.
The buildings have been designed to reflect the Italianate style of architecture. The faryade of the
buildings are symmetrical with varying materials of brick and stucco all in earth tone colors with
ornate detail around the windows and top of the parapet walls. With the varying materials and
colors and the undulation of the building, the appearance that there are several building placed side
by side will be achieved. The tall, narrow windows are symmetrically placed on the front faryade
in pairs or triplets.
A total of 60,000-square feet of buildings are proposed to be constructed on Lots I and 2, of
Lonesome Dove Subdivision. Currently, the development agreement for the Lonesome Dove
Subdivision indicates buildings up to a maximum of IO,OOO-square feet each are permitted for this
area. All four (4) of the buildings exceed the 10,000-square feet permitted within this
development. It is staff's understanding that the developer is proposing to modiry the
development agreement to change the language to allow the buildings to exceed 10,000-square
feet, however, no tenant will be permitted to exceed 10,000-square feet. The applicant should be
required to comply with any applicable conditions ofa modified development agreement. If the
development agreement is not modified to allow buildings to exceed 10,000-square feet, the
buildings proposed with this application will need to be modified to reflect that which is permitted
in the current development agreement (A-I 2-0S/RZ-I 9-0S).
· An 88-square foot trash enclosure is proposed to be located within the parking lot just north of
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Building B. Sheet LS-I, date stamped by the City on May 9,2007, shows approximately two feet
(2') oflandscaping area to be located on the east and west sides of the enclosure. This two foot
(2') area does not have any landscape material proposed within it. Per Eagle City Code, a five foot
(S') wide by six foot (6') high landscape buffer is required to be located around the trash
enclosure. The applicant should be required to provide a revised landscape plan showing a five
foot (S') wide by six foot (6') high minimum landscape island on the east and west sides of the
trash enclosure located within the parking lot north of Building B. The revised landscape plan
should be reviewed and approved by staff and one member of the Design Review Board prior to
the City issuing a zoning certificate for this site.
· The applicant submitted a parking analysis for this development which indicates that they are
proposing approximately 30,000-square feet of office space, 21 ,OOO-square feet of retail space, and
9,000-square feet of restaurant space. Using the parking calculations specified in Eagle City Code
for each of the proposed uses, the applicant would be required to provide a total of 264-parking
spaces. Within the applicant's justification letter date stamped by the City on May 9, 2007, the
applicant is requesting a 20% parking reduction for this development that would require 212-
parking spaces. The parking analysis provided by the applicant provides a detailed breakdown of
each ofthe uses and shows the required parking spaces for each of the proposed uses during the
day for the entire week.
If the twenty percent (20%) parking reduction 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/buildings to accommodate the required parking.
. The streetscape for this portion of the development was approved with a previous design review
application (DR-OI-07). The sidewalk along the existing East Riverside Drive is shown to be five
feet (S') wide. Per the preliminary plat, a ten foot (10') wide pathway (similar to the pathway
located to the west of this site) is required to be located along the existing East Riverside Drive.
The applicant should be required to provide a revised landscape and site plan showing a ten foot
(10') wide minimum pathway to be located on the south side of the existing East Riverside Drive.
The revised landscape and site plan should be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on June 14, 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 7 to 0 to approve DR-30-07 for a design review application to construct two
multi-tenant retaillrestaurant/office building for Lonesome Dove LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Board.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with any applicable conditions of a modified development agreement. If the development
agreement is not modified to allow buildings to exceed I O,OOO-square feet, the buildings proposed
with this application shall be modified to reflect that which is permitted in the current development
agreement (A-I 2-0S/RZ-I 9-0S).
2. Provide a revised landscape plan showing a five foot (S') wide by six foot (6') high minimum
landscape island on the east and west sides of the trash enclosure located within the parking lot north
of Building B. The revised landscape plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to the City issuing a zoning certificate for this site.
3. Provide a revised landscape and site plan showing a ten foot (10') wide minimum pathway to be
located on the south side of the existing East Riverside Drive. The revised landscape and site plan
shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
S. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit $ISO.OO to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
8. No signs are proposed with this application. A separate design review application (DR-31-07) has been
submitted for the approval of a master sign plan for these buildings. The master sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
9. Provide revised colored elevations and color palette indicating all colors to be used on the buildings.
The revised elevations and color palette shall be reviewed and approved by staff and two members of
the Design Review Board prior to the City issuing a zoning certificate for this site.
10. If additional trash enclosures are needed in the future, a revised site plan showing the location and
detailed elevations showing the materials and colors to be used in the construction of the enclosure
shall be submitted to the City. The revised site plan and detailed elevations shall be reviewed and
approved by staff and one member of the Design Review Board prior to any additional trash enclosure
being constructed on this site.
II. The 20% parking reduction is approved as shown on the applicants parking analysis date stamped by
the City on May 9, 2007.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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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.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
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lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
II. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City 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.
IS. 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 andlor 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.
21. Any changes to the plans and specifications upon which this approval is based, other than those
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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 modiry 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 waiverlvariance 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 oflandscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on May 9,2007.
2. Requests for agencies' reviews were transmitted on May 21, 2007, 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-30-07) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement) zoning district.
Page 12 of 13
K:\Planning DeptlEagle Applicalions\Dr\2007\DR-JO-07 Lonesome Dove Comm. Bldgs drf.doc
DA TED this 28th day of June 2007.
DESIGN REVIEW BOARD
OF THE CITY OF E LE
Ada County, Ida
ATTEST:
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Page 13 of 13
K:\Planning DeptlEagle Applications\Dr\2007\DR.]O-07 Lonesome Dove Camm. Bldgs drfdoc