Findings - DR - 2008 - DR-79-07 - Construct A Multi-Tenant Office/Flex Space Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN TIlE MATTER OF AN APPLICATION FORA )
DESIGN REVIEW TO CONSTRUCT A MULTI-TENANT )
OFFICE/FLEX SPACE BUILDING )
FOR ROBERT PEDERSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-79-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 10, 2008, and was continued to January 24, 2008, 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:
Robert Pederson is requesting design review approval to construct a 14,133-square foot multi-
tenant office/flex space building, The l,OO-acre site is located on the south side of East Hill Road
approximately 255-feet west of Horseshoe Bend Road at 3055 East Hill Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 4,2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 13, 2007, in accordance with the
requirements of the Eagle City Code,
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 8, 2008, the Eagle City Council approved a rezone (RZ- I 8-07) with a development
agreement (including a concept plan) for this site,
E, COMPANION APPLICATIONS: DR-80-07 (master sign plan application)
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F, COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park A-R (Agricultural- Single-family dwelling
Residential)
Proposed No Change BP-DA (Business Park with Multi-tenant office/flex-
Development Agreement) space building
North of site Business Park BP (Business Park) Gravel extraction
South of site Business Park RUT (Rural Urban Agriculture
Transition - Ada County
designation)
East of site Business Park A-R (Agricultural- Vacant lot
Residential)
West of site Business Park BP-DA (Business Park with Self-storage facility
Development Agreement) (Storage 55-Phase Two)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H, EXISTING SITE CHARACTERISTICS:
A single-family dwelling and several large trees are located on the site,
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site I,OO-acres N/A
Percentage of Site Devoted to 33% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 22% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 50-parking spaces 40-parking (minimum)**
Office Space: 3 I parking spaces
Flex Space: 9 parking spaces
Front Setback 73-feet (north) * 20-feet (minimum)
Rear Setback I O-feet (south) * 0- feet
Side Setback 10-feet (east) (new structure) * 0- feet
Side Setback 10-feet (west) * 0- feet
* Note: Setback measurements are measured from the property line to the closest building.
** Note: ECC Section 8-4-5: 1 parking space per 250 square feet of gross floor area - office
ECC Section 8-4-5: 1 parking space per 1,000 square feet of gross floor area - flex space (storage)
1 parking space per 300 square feet of gross floor area - flex space (office)
Parking Calculations:
Office Space:
Unit 2: 2,866 square feet
Unit 3: 2,707 square feet
Unit 4: 2.284 square feet
Total Square Footage: 7,877 square feet
7,877 +- 250 = 3 I required parking spaces
Flex Space:
Unit 1: 3,688 square feet
Unit 5: 2,583 square feet
Total Square Footage: 6,271 square feet
Figuring 25% of the flex space square footage will be used for office:
1,567 square feet +- 300 = 5 required parking spaces,
· ECC 8-4-5 allows for office space in a manufacturing facility; a permitted use as defined in
ECC 8-1-2 "Flex Space": defines required parking spaces at I space per 300 square feet of
gross floor area,
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The remaining flex space square footage equals: 4,703 square feet
4,703 square feet -;- 1,000 = 4 parking spaces
. ECC 8-4-5 allows for parking spaces for storage areas; a permitted use as defined in ECC 8-1-
2 "Flex Space": defines required parking spaces at I space per 1,000 square feet of gross floor
area,
Total parking spaces required for proposed flex space: 9 parking spaces
Office parking: 3 I required spaces
Flex Space parking: 9 required spaces
Total: 40 required parking spaces for this site,
J, GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One multi-tenant office/flex space building
Height and Number of Stories of Proposed Buildings: One story, 28' high,
Gross Floor Area of Proposed Buildings: 14, B3-square feet,
On and Off-Site Circulation:
A 14,900-square foot (approximately) paved parking lot provides parking for vehicles using the
site. One 25-foot wide driveway is proposed to be located on the north side of this site
approximately 30-feet east of the west property line providing access to Hill Road,
Pathway Areas and Landscape Screening:
The landscape plan date stamped by the City on December 4,2007, shows a twenty five foot (25')
landscape buffer adjacent to Hill Road. A five foot (5') meandering concrete pathway is located
roughly in the center of the buffer area and runs along the entire frontage of the site adjacent to
Hill Road,
On-site Septic System (yes or no) - yes (to be removed)
The existing home (which is to be removed) located on the existing lot is currently served by a
septic system. The applicant will be required to obtain the proper permits and abandon the
existing septic system prior to the City Clerk signing the final plat.
K. BUILDING DESIGN FEATURES:
Roof: Celotex residential shake (Shadow Gray)
Walls: Hardiplank (8,5% - Kaffee), Cultured Stone (3, I % - San Francisco Cobblefield, Riviera
Old Country Fieldstone, Bucks County Country Ledgestone, Tahema Waterwash, Bucks County
Dressed Fieldstone), and Stucco (64.1 % - Macadamia),
WindowslDoors: Wood framed to match siding of the building,
Fascia/Trim: Hardiplank fascia and trim
Type of Architecture: English Cottage
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing mature trees
located throughout the project area. The developer of the project plans to retain as many of the
trees as possible, There are approximately fourteen (14) trees that are proposed to be removed on
the site, the largest being a twenty-eight foot (28') tall cherry tree located in the southwest comer
of the site. Trees to be removed shall be mitigated by the developer,
Tree Replacement Calculations: Memo from the City Forester, dated December 17,2007, attached
to the staff report and incorporated herein by reference,
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The landscape plan, date stamped by the City on December 4,2007, shows 46 to be
located around the entire perimeter of the site and interior of the parking lot.. There are ten (10)
different species of conifers, ornamental flowering trees and shade trees proposed in the landscape
plan,
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a, Perimeter Landscaping:
Continuous landscaping will be installed around the perimeter of the proposed parking
lot.
b, Interior Landscaping: 8% interior landscaping is required, 22.0 % is proposed.
M, TRASH ENCLOSURES:
The landscape plan, date stamped by the City on December 4,2007, shows one (I) trash enclosure
to be located on the west side of the property that will be located behind a six-foot (6') high
screening wall, The walls of the trash enclosure will be constructed of the same color and materials
as the office/flex space building, The gates of the trash enclosure will be solid steel panels
mounted on three inch (3") metal posts and painted to match the exterior color of the building,
N, MECHANICAL UNITS:
Air conditioning units will be ground-mounted and installed behind the building. The units will be
located behind a screen wall, The heating units will be installed in the attic spaces.
0, OUTDOOR LIGHTING:
Outdoor lighting will consist of fifteen (IS) wall-mounted goose-neck styles lights. Four (4) eleven
foot (II ') high street lights will be installed in the parking lot area, Lighting for the goose neck
fixtures will be 100 watt, high pressure sodium, Street lighting will be 150 watt high pressure
sodium, A site and parking lot light plan showing location, height, and wattage is required to be
reviewed and approved by the Zoning Administrator 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,
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Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - located throughout the project area,
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - Unknown
Unstable Soils - No
Wildlife Habitat - No
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V, AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference, 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, COMMENTS FROM THE CITY FORESTER:
Memo from the City Forester, dated December 17,2007, is attached to the staff report and is
incorporated herein by reference,
STAFF ANALYSIS PROVIDED WITIllN TIlE 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.
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B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3, I Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building Elevation Plans
(Exhibit "C") represents the Owner's current concept for completion of the project. As the
Concept Plan (Exhibit "B") evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
3.2 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Business Park District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit application
(whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the BP zoning designation shall require a conditional use
permit.
The following uses which are shown as "P" permitted uses under the BP zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations shall be permitted
uses on the Property:
· Flex space (Laboratories, Printing and/or blueprinting, Industry - custom and limited,
Research and Development, and Research activities)
The following use which is shown as "c" conditional uses under the BP zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be conditionally
permitted uses on the Property:
· Office (Business and Professional)
3.3 The Applicant shall remove the residence and all accessory (secondary) structures from the site
prior to the issuance of any building permits for the site, Demolition permits shall be obtained
prior to the removal of said buildings.
3.4 Landscape buffering and siting of the facility shall be designed to mitigate the effects of the
development on adjacent residences, All new construction shall be setback from the eastern and
southern property lines a minimum often-feet (10') and those setback areas shall be landscaped
with dense plant material to be reviewed and approved by design review.
3.5 The building configuration (footprint) shall remain substantially as shown on the attached Site
Plan (Exhibit "B").
3,6 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk along Hill Road
abutting the northern boundary of the site prior to the issuance of a building permit.
3.7 The Applicant shall submit a Design Review application for the site to the Design Review Board
for review and approval prior to the issuance of any building permits,
3,8 The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied,
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3.9 The Applicant's property shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of a building permit for this site.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design, Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
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(B)(I)
Exterior walls and soffets:
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 fa9ade);
Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.
b, Fiber cement
c, Masonite: horizontal lap only, maximum six inch (6") reveal;
d. Vinyl: 0.46 millimeter thickness, integral color;
e, Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g, Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block
for accent only, ten percent (10%) maximum wall coverage (per each facade);
h. Stucco: twenty five percent (25%) planar change required, additional accents shall be
incorporated through the use of other materials;
· Eagle City Code Section 8-2A-7(C)(I)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city, Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
I inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
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. 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 C 1 of this section,
. Eagle City Code Section 8-4-4-2(2 & 3)
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property,
3, Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
D. DISCUSSION:
. The applicant is proposing a 14, 133-square foot, multi-tenant officelflex space building (2-units
designated for office/flex and 3-units designated for office),
. The landscape plan, date stamped by the City on December 4, 2007, encompasses approximately
42,987-square feet and includes a parking lot that will provide fifty (50) parking spaces, There is a
landscape buffer and a sidewalk proposed along the frontage of the site adjacent to Hill Road,
. The design of the office/flex space building is English Cottage. The EASD book specifies English
Cottage as one of the nine approved architectural building styles in the City of Eagle. The features
of the building will include a mixture of Hardiplank siding, cultured stone veneers, and stucco,
wood trim, wood-framed doors and windows, and shadow gray architectural-grade roof shingles.
Although the architectural style is one of the nine approved styles in the City of Eagle, the
materials proposed in the construction of the building are not those specified in the EASD book
for use in English Cottage style buildings, Materials typically used for this style of building
include patterned brick wall cladding, stone walls, half timbered walls with stucco insert into
exposed wood framing, multi-paned windows and rounded doorways, The applicant should
redesign his building to reflect the types of materials as approved and shown on page 4 I in the
EASD book,
. The 2000 Eagle City Comprehensive Plan Transportation/Pathway Network Map # I of 2 shows a
pathway adjacent to Hill Road. The Landscape Plan date stamped by the City on December 4,
2007, shows a five foot (5') wide sidewalk within the buffer area along Hill Road that will connect
with the proposed pathway system that will eventually connect to Eagle Road.
. There are thirty (30) trees located on the site, The site plan, date stamped by the City on December
4,2007, indicate that with the construction of the building, fourteen (14) trees are to be removed.
The plans also show that twenty eight (28) trees will be planted to replace those to be removed.
City Forester provided a map of the existing trees, tree valuations, and a report dated December
17,2007, regarding the trees on the site and suggests substituting the Cleveland Pear trees located
along the western parking lot with a Class II shade tree,
. The existing power to the site is located overhead. Per Eagle City Code, underground utilities are
required, The applicant should be required to place all utilities (including distribution lines)
underground prior to the City Clerk issuing a zoning certificate for this site,
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. 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 January 10, 200S, and
continued to January 24, 200S, 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 (Webber absent) to approve DR-79-07 for a design review application to
construct a multi-tenant office/flex space building for Robert Pederson, 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,
SITE SPECIFIC CONDITIONS OF APPROVAL:
I, Comply with any applicable conditions of RZ-lS-07.
2, Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way prior to the issuance of a zoning certificate for
this site,
3, All utilities servicing the site (including electrical distribution lines) shall be located underground prior
to the issuance of any building permits for this site,
4, A plan showing construction fencing around the existing trees to be retained (a minimum of 10-feet
from the trunk of the tree or at the drip line of the tree (whichever is closer) to prevent any damage
within the drip line of the trees shall be submitted to the City, The construction fencing shall be
installed prior to commencing any site work. Cups or dams shall be built within the drip line of each
tree in order to retain water and the trees shall be watered on a regular basis. No activity whatsoever
shall take place within the drip line of the trees.
5. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester.
6, All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. No signs are proposed with this application, A separate design review application is required to be
submitted for approval of any signs for this site,
S, The applicant shall pay for all engineering fees incurred for reviewing this project prior to the issuance
of a building permit.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit $ I 50.00 to the city, at the time of building permit submittal, for the Planning and Zoning plan
review.
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I I. No signs are proposed with this application. A separate design review application (DR-SO-07) has been
submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
12. The revised site plan. landscape plan. and building elevations date stamped by the City on January 16,
200S, are approved.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2, Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5, Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6, The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy 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.
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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,
I I. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris,
12, One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc,). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d, The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
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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,
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 City Council approval date).
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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 December 4, 2007.
2. Requests for agencies' reviews were transmitted on December 13, 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-79-07) 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.
DATED this 14th day of February 2008,
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co Idaho
ATTEST:
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