Findings - DR - 2007 - DR-46-07 - Construct A Multi-Tenant Retail/Office/Residential Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
MUL TI- TENANT RETAIL/OFFICEIRESIDENTIAL )
BUILDING FOR OLD TOWN I, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-46-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 9, 2007. The Board continued this item to August 23, 2007. The Board continued the item
again to the September 13, 2007, meeting and made their recommendation at that time. 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 Town I, LLC, represented by James Gipson with James Gipson and Associates, is requesting
design review approval to construct a 5, Ill-square foot two story multi-tenant
retail/office/residential building. The 0.I8-acre site is located on the west side of South 2nd Street
approximately 1 50-feet south of East State Street at 65 South 2nd Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 3,2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 16, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-47-07 (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 Central Business District CBD (Central Business Residential Duplex
District)
Proposed No Change No Change Retai l/Office/Restaurant
North ofsite Public/Semi-public CBD (Central Business Heritage Park
District)
South of site Central Business District R-4 (Residential) Residential Duplex
East of site Central Business District R-I2 (Residential) Residential apartments
West of site Central Business District R-4 (Residential) Residential Duplex
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing residential duplex that is to be removed
or demolished. A large silver maple tree is located near the southwest comer of the development,
see City Foresters comments dated July 30, 2007 (attached).
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.I8-acres (7,84 I-square feet) 0.0 I-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 40% (approximately) 40% (minimum) *
Building Coverage 95% (maximum) *
Percentage of Site Devoted to 30% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 10-parking spaces total I O-parking spaces total (with
2-covered parking spaces for 20% reduction)
residential units 2-covered parking spaces for
residential units
Front Setback 2-feet (east) O-feet (minimum) *
I O-feet (maximum) *
Rear Setback 46 Y2- feet (west) O-feet (minimum)
Side Setback 5-feet (north) O-feet (minimum) *
Side Setback 5-feet (south) O-feet (minimum) *
* Note: Setbacks and lot coverage when located within the DDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as retail/office/residential uses.
Height and Number of Stories of Proposed Buildings: 31', two stories.
Gross Floor Area of Proposed Buildings:
First floor = 2,760-square feet
Second floor = 2.3 51-square feet
Total = 5, III-square feet
On and Off-Site Circulation:
A 2,725-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the north side of this site
approximately 75-feet west of 2nd Street providing access to the alley.
K. BUILDING DESIGN FEATURES:
Roof: Presidential fiberglass shingle (black)
Walls: 8" hard i-plank lap siding (autumn fog - American tradition 4007IV), stone (gray limestone)
Windows/Doors: Vinyl windows (super white - Benjamin Moore 02), Doors (black - Benjamin
Moore - 2123-10)
Fascia/Trim: Wood (super white - Benjamin Moore 02
Other: Composite Columns and garage doors (super white - Benjamin Moore 02), Shutters (black -
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Benjamin Moore - 2123-10)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is one existing Silver Maple tree
located near the southwest comer of the site. The applicant is proposing to retain this tree and
incorporate it into the landscaping.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street tree along 2nd Street already exists.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the entire parking area of this proposed
development.
b. Interior Landscaping: 5% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 35-square foot trash enclosure is proposed to be located near the northwest corner of this
development. The trash enclosure will have access from the alley located along the north
boundary ofthis development which is located approximately 11 O-feet west of 2nd Street. The
enclosure is proposed to be constructed of split face CMU block with metal gates.
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 screen wall. The application indicates that the
ground mounted units will be screened by a three foot (3 ') high wall constructed of materials to
match the building.
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 AVAILABLE:
A preliminary approval letter from Central District Health 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
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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 - yes - see City Foresters memo (incorporated herein by reference and attached to the
staff report)
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 and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from Julie Lafferty, City Forester, dated July 30, 2007 (incorporated herein by reference
and attached to the staff report).
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(C)(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. The front of any building is the facade that fronts upon any street.
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. Eagle City Code Section 8-2A-6(C)(3)(b)
Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
. Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum often feet (10') wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete 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 8-2A-7(C)
Existing Vegetation:
1. 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
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches I.Sx caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction or
excavation occurring within the drip line of any public or private retained tree or shrub
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection CI of this section.
. Eagle City Code Section 8-2A-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(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 ifthe provisions of this chapter have been met. The maximum allowable
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reduction in the number of spaces to be provided shall not exceed twenty percent (20%) ofthe
sum of the number required for each use served unless a conditional use is approved by the
city council.
. Eagle City Code Section 8-4-4-6
One bicycle parking space within an approved rack shall be required for each thirty (30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space per
each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in
accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada
County" as prepared for the Ada County highway district with the exception that bicycle racks
do not have to be covered unless required by the design review board, or planning and zoning
commission or city council.
. Eagle City Code Section 8-4-5
Apartments or multi-family dwellings
For each unit with 2 or more bedrooms - 2 including
1 covered; for each 1 bedroom or studio unit - 1.5
including 1 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
Retail sales not listed under another
use classification
1 per 250 square feet of gross floor area
C. DISCUSSION:
. The applicant is proposing to remove the residential duplex and construct a two story Colonial
Style retail/office/residential building. The falYade ofthe building is symmetrical with a porch on
the first floor of the east building elevation and balconies on the second floor on the east and west
building elevations. The porch and balconies are framed by columns on the east and west building
elevations. The first floor windows on the east and west building elevations have decorative
transoms over the windows and main entry door. The windows on the north and south building
elevations are framed by shutters.
. The elevation plans date stamped by the City on July 3,2007, show forty five percent (45%) glass
on the first floor and eighteen percent (18%) glass on the second floor on the east building
elevation (facing 2nd Street). Per Eagle City Code, all buildings are to include a "storefront" on the
ground floor consisting ofa minimum of fifty percent (50%) glass. Floors above the main floor
are required to have a minimum of twenty five percent (25%) glass. Staff defers comment
regarding the amount of glass proposed on the east building elevation to the Design Review Board.
. The site/landscape plan shows five feet (5') between the building and the north and south property
lines. Per Eagle City Code, side building setbacks within the DDA (Downtown Development
Area) are required to be zero feet (0') so as to tie into adjoining structures. Within the applicant's
justification letter, date stamped by the City on July 3, 2007, they indicate to obtain the Colonial
Revival design style, a five foot (5') minimum setback should be retained between the building
and property lines. Staff defers comment regarding the north and south building setbacks to the
Design Review Board.
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. Several years ago the City of Eagle and the Ada County Highway District worked together to
provide curb, gutter, sidewalk, lighting, and street trees on the west side of 2nd Street from the alley
located south of Heritage Park to the bridge located just north of the Eagle Plaza Shopping Center.
The ten foot (10') wide sidewalk does not have the textured concrete with a "running bond" brick
patter as required in Eagle City Code. At the time these improvements were constructed along 2nd
Street, the City looked at the improvements within the area which consisted of concrete sidewalk
with brick pavers located around Heritage Park and smooth concrete adjacent to Eagle Plaza. It
was determined at that time that the alley was an appropriate point to transition from the brick
pavers to a ten foot (10') wide smooth concrete sidewalk so as to match the improvement already
constructed south of the bridge located north of Eagle Plaza.
Per Eagle City Code, sidewalks within the DDA are required to be a minimum often feet (10')
wide and constructed to match the sidewalk exhibit within the EASD book, consisting of smooth
concrete and textured concrete with a "running bond" brick patter. Staff defers comment to the
Design Review Board regarding whether the applicant should be required to reconstruct the
sidewalk adjacent to 2nd Street per the exhibit within the EASD book.
. There is a 44.7-inch caliper silver maple tree located near the southwest comer of the property that
the applicant is proposing to retain. Per the City Foresters comments dated July 30, 2007, the tree
is mature and has reached a point of maintaining its current state. With some good care, the tree
should endure many years as a provider of shade for the parking lot and a site amenity.
The landscape plan date stamped by the City on July 3, 2007, indicates that the area under this tree
is to be a drainage swale covered with two to three inch (2 - 3") diameter washed river rock. As
noted within the City Foresters letter, there is concern about the parking lot encroaching within the
canopy dripline of this tree and suggest that one or two parking spaces be removed in order to
effectively protect this tree. The proposed drainage swale under the tree is also concern, as any
digging in the root zone of this tree will damage the tree and the placement of river rock over the
root zone could cause compaction of the soil. It is staffs opinion that the drainage could be located
in a different location or underground so as to not interfere with the dripline of the tree. A revised
site and landscape plan showing the drainage located outside of the canopy drip line of the tree
should be provided to the City. The revised site and 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.
Regarding the City Foresters comment about reducing the parking by one or two spaces, the
applicant is already requesting a twenty percent (20%) parking reduction for the uses associated
with this site. Per Eagle City Code, this site is required to have 12.1 I-parking spaces (two of these
are required to be covered). With a 20% parking reduction, the applicant is required to provide
10-parking spaces (two covered). Staff defers comment regarding the number of parking spaces
required with this development to the Design Review Board.
. The site and landscape plan date stamped by the City on July 3,2007, shows the trash enclosure to
be located near the northwest corner of the site. A five foot (S ') wide landscape buffer is proposed
on the east and west sides of the trash enclosure but no on the south side of the enclosure. Per
Eagle City Code, a five foot (S') wide by six foot (6') high landscape buffer is required on three
(3) sides of the enclosure. It is staffs opinion that because the applicant is trying to save the silver
maple tree that the five foot (S') wide buffer required on the south side of the trash enclosure not
be required.
. Staff defers comment regarding building design and colors to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 9, 2007. The
application was continued to August 23, 2007. The application was again continued to September 13,
2007, meeting 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 4 to 0 (Grubb and Whittaker absent) to approve DR-46-07 for a design review
application to construct a multi-tenant retail/office/residential building for Old Town I, LLC, with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a nwised site aRalandseape pl!lfl showing the arainage for this site loeated outside of the
eaAOpy dripline of the silver Rutple tree. The revised site aRa hmdseape plaA shall be re',iewed and
approvea by staff and one member efthe DesigR Revie'.v Board prior to the City issl:ling a zoning
eertifieete for this site.
2. Previae a revised site and laAdseape pl!lfl showing the leeation of a l3i1(e raek on this site. Detailed el:lt
sheets showing the style, height, eo lor, ete. efthe bike raek shall be proviaea to the City. The revised
site and landseape plan and detailed eut sheets shall be reviewed ana approyea by staff prior to the
City issl:ling a zoning eertifieete fer this site.
3. Provide detailed em sheets sho'Ning the style, size, eo lOT, ete. of the beneh shall be pT0\'ided to the
City. The detailed el:lt sheets shall be reviewed ana approvea by staff prior to the City issl:ling a zoning
eertifieate for this site.
4. Provide a revised site and landscape plan showing the extruded curb of the parking lot to extend the
entire length of the north property line along the alley (with the exception of the driveway to the site).
The revised site and landscape plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
reView.
9. No signs are proposed with this application. A separate design review application (DR-47-07) has been
submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and
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approved prior to the City issuing a zoning certificate for this site.
10. The Design Review Board accepts the cut sheets provided to the City on September 6,2007, for the
bike rack and bench.
II. The Design Review Board accepts the revised elevations and details date stamped bv the City on
September 6, 2007.
12. Provide a revised landscape plan that shows a tall, narrow evergreen tree or shrub to be placed on the
northwest and northeast comers of the building. The revised landscape plans shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
13. The Design Review Board recommends that because of the residential nature of the building that there
be no requirement for a cross access agreements with the property to the south.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
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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 (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
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.
11. 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.
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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 ofa 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.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use 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.
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CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on July 3, 2007.
2. Requests for agencies' reviews were transmitted on July 16,2007, 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-46-07) 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 CBD (Central Business District) zoning district.
DA TED this 27th day of September 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
~
e2:;;:Jt:Chairman
ATTEST:
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Page 13 of 13
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